[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[Senate]
[Pages 22590-22720]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4833. Mr. INHOFE submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       In paragraph 2 of section VI of Part V of the Protocol to 
     the New START Treaty, strike ``a total of no more than ten 
     Type One inspections'' and insert ``a total of no more than 
     thirty Type One inspections''.
       In paragraph 2 of section VII of Part V of the Protocol to 
     the New START Treaty, strike ``a total of no more than eight 
     Type Two inspections'' and insert ``a total of no more than 
     twenty-four Type Two inspections''.
                                 ______
                                 
  SA 4834. Mr. KERRY (for Mr. Baucus) proposed an amendment to the bill 
H.R. 5901, to amend the Internal Revenue Code of 1986 to authorize the 
tax court to appoint employees; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. AUTHORITY OF TAX COURT TO APPOINT EMPLOYEES.

       (a) In General.--Subsection (a) of section 7471 of the 
     Internal Revenue Code of 1986 (relating to employees) is 
     amended to read as follows:
       ``(a) Appointment and Compensation.--
       ``(1) Clerk.--The Tax Court may appoint a clerk without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service. The clerk 
     shall serve at the pleasure of the Tax Court.
       ``(2) Judge-appointed employees.--
       ``(A) In general.--The judges and special trial judges of 
     the Tax Court may appoint employees, in such numbers as the 
     Tax Court may approve, without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service. Any such employee shall serve at the 
     pleasure of the appointing judge.
       ``(B) Exemption from federal leave provisions.--A law clerk 
     appointed under this subsection shall be exempt from the 
     provisions of subchapter I of chapter 63 of title 5, United 
     States Code. Any unused sick leave or annual leave standing 
     to the law clerk's credit as of the effective date of this 
     subsection shall remain credited to the law clerk and shall 
     be available to the law clerk upon separation from the 
     Federal Government.
       ``(3) Other employees.--The Tax Court may appoint necessary 
     employees without regard to the provisions of title 5, United 
     States Code, governing appointments in the competitive 
     service. Such employees shall be subject to removal by the 
     Tax Court.
       ``(4) Pay.--The Tax Court may fix and adjust the 
     compensation for the clerk and other employees of the Tax 
     Court without regard to the provisions of chapter 51, 
     subchapter III of chapter 53, or section 5373 of title 5, 
     United States Code. To the maximum extent feasible, the Tax 
     Court shall compensate employees at rates consistent with 
     those for employees holding comparable positions in courts 
     established under Article III of the Constitution of the 
     United States.
       ``(5) Programs.--The Tax Court may establish programs for 
     employee evaluations, incentive awards, flexible work 
     schedules, premium pay, and resolution of employee 
     grievances.
       ``(6) Discrimination prohibited.--The Tax Court shall--
       ``(A) prohibit discrimination on the basis of race, color, 
     religion, age, sex, national origin, political affiliation, 
     marital status, or handicapping condition; and
       ``(B) promulgate procedures for resolving complaints of 
     discrimination by employees and applicants for employment.
       ``(7) Experts and consultants.--The Tax Court may procure 
     the services of experts and consultants under section 3109 of 
     title 5, United States Code.
       ``(8) Rights to certain appeals reserved.--Notwithstanding 
     any other provision of law, an individual who is an employee 
     of the Tax Court on the day before the effective date of this 
     subsection and who, as of that day, was entitled to--
       ``(A) appeal a reduction in grade or removal to the Merit 
     Systems Protection Board under chapter 43 of title 5, United 
     States Code,
       ``(B) appeal an adverse action to the Merit Systems 
     Protection Board under chapter 75 of title 5, United States 
     Code,
       ``(C) appeal a prohibited personnel practice described 
     under section 2302(b) of title 5, United States Code, to the 
     Merit Systems Protection Board under chapter 77 of that 
     title,
       ``(D) make an allegation of a prohibited personnel practice 
     described under section 2302(b) of title 5, United States 
     Code, with the Office of Special Counsel under chapter 12 of 
     that title for action in accordance with that chapter, or
       ``(E) file an appeal with the Equal Employment Opportunity 
     Commission under part 1614 of title 29 of the Code of Federal 
     Regulations,

     shall continue to be entitled to file such appeal or make 
     such an allegation so long as the individual remains an 
     employee of the Tax Court.
       ``(9) Competitive status.--Notwithstanding any other 
     provision of law, any employee of the Tax Court who has 
     completed at least 1 year of continuous service under a non-
     temporary appointment with the Tax Court acquires a 
     competitive status for appointment to any position in the 
     competitive service for which the employee possesses the 
     required qualifications.
       ``(10) Merit system principles, prohibited personnel 
     practices, and preference eligibles.--Any personnel 
     management system of the Tax Court shall--
       ``(A) include the principles set forth in section 2301(b) 
     of title 5, United States Code;
       ``(B) prohibit personnel practices prohibited under section 
     2302(b) of title 5, United States Code; and
       ``(C) in the case of any individual who would be a 
     preference eligible in the executive branch, provide 
     preference for that individual in a manner and to an extent 
     consistent with preference accorded to preference eligibles 
     in the executive branch.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date the United States Tax Court 
     adopts a personnel management system after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4835. Mr. KERRY (for Mr. Baucus) proposed an amendment to the bill 
H.R. 5901, to amend the Internal Revenue Code of 1986 to authorize the 
tax court to appoint employees; as follows:

       Amend the title so as to read: ``An Act to amend the 
     Internal Revenue Code of 1986 to authorize the tax court to 
     appoint employees.''.

                                 ______
                                 
  SA 4836. Mr. KERRY (for Mr. Johanns) proposed an amendment to the 
bill S. 1481, to amend section 811 of

[[Page 22591]]

the Cranston-Gonzalez National Affordable Housing Act to improve the 
program under such section for supportive housing for persons with 
disabilities; as follows:

       On page 19, line 9, strike ``811(k)(1) is amended by adding 
     the following'' and insert the following: ``811(k) is 
     amended--
       ``(1) in paragraph (1), by adding the following''
       On page 19, line 16, strike the second period and insert 
     the following: ``; and''.
       On page 19, between lines 16 and 17, insert the following:
       (2) in paragraph (4)--
       (A) by striking ``prescribe, subject to the limitation 
     under subsection (h)(6) of this section)'' and inserting 
     ``prescribe)''; and
       (B) by adding the following after the first sentence: ``Not 
     later than the date that the Secretary prescribes a limit 
     exceeding the 24 person limit in the previous sentence, the 
     Secretary shall notify the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives of the limit or the 
     intention to prescribe a limit in excess of 24 persons, 
     together with a detailed explanation of the reason for the 
     new limit.''.
       On page 20, strike line 4 and all that follows through page 
     25, line 14, and insert the following:

     SEC. 4. PROJECT RENTAL ASSISTANCE.

       Section 811(b) is amended--
       (1) in the matter preceding paragraph (1), by striking ``is 
     authorized--'' and inserting ``is authorized to take the 
     following actions:'';
       (2) in paragraph (1)--
       (A) by striking ``(1) to provide tenant-based'' and 
     inserting ``(1) Tenant-based assistance.--To provide tenant-
     based''; and
       (B) by striking ``; and'' and inserting a period;
       (3) in paragraph (2), by striking ``(2) to provide 
     assistance'' and inserting ``(2) Capital advances.--To 
     provide assistance''; and
       (4) by adding at the end the following:
       ``(3) Project rental assistance.--
       ``(A) In general.--To offer additional methods of financing 
     supportive housing for non-elderly adults with disabilities, 
     the Secretary shall make funds available for project rental 
     assistance pursuant to subparagraph (B) for eligible projects 
     under subparagraph (C). The Secretary shall provide for State 
     housing finance agencies and other appropriate entities to 
     apply to the Secretary for such project rental assistance 
     funds, which shall be made available by such agencies and 
     entities for dwelling units in eligible projects based upon 
     criteria established by the Secretary. The Secretary may not 
     require any State housing finance agency or other entity 
     applying for such project rental assistance funds to identify 
     in such application the eligible projects for which such 
     funds will be used, and shall allow such agencies and 
     applicants to subsequently identify such eligible projects 
     pursuant to the making of commitments described in 
     subparagraph (C)(ii).
       ``(B) Contract terms.--
       ``(i) Contract terms.--Project rental assistance under this 
     paragraph shall be provided--

       ``(I) in accordance with subsection (d)(2); and
       ``(II) under a contract having an initial term of not less 
     than 180 months that provides funding for a term 60 months, 
     which funding shall be renewed upon expiration, subject to 
     the availability of sufficient amounts in appropriation Acts.

       ``(ii) Limitation on units assisted.--Of the total number 
     of dwelling units in any multifamily housing project 
     containing any unit for which project rental assistance under 
     this paragraph is provided, the aggregate number that are 
     provided such project rental assistance, that are used for 
     supportive housing for persons with disabilities, or to which 
     any occupancy preference for persons with disabilities 
     applies, may not exceed 25 percent of such total.
       ``(iii) Prohibition of capital advances.--The Secretary may 
     not provide a capital advance under subsection (d)(1) for any 
     project for which assistance is provided under this 
     paragraph.
       ``(iv) Eligible population.--Project rental assistance 
     under this paragraph may be provided only for dwelling units 
     for extremely low-income persons with disabilities and 
     extremely low-income households that include at least one 
     person with a disability.
       ``(C) Eligible projects.--An eligible project under this 
     subparagraph is a new or existing multifamily housing project 
     for which--
       ``(i) the development costs are paid with resources from 
     other public or private sources; and
       ``(ii) a commitment has been made--

       ``(I) by the applicable State agency responsible for 
     allocation of low-income housing tax credits under section 42 
     of the Internal Revenue Code of 1986, for an allocation of 
     such credits;
       ``(II) by the applicable participating jurisdiction that 
     receives assistance under the HOME Investment Partnership 
     Act, for assistance from such jurisdiction; or
       ``(III) by any Federal agency or any State or local 
     government, for funding for the project from funds from any 
     other sources.

       ``(D) State agency involvement.--Assistance under this 
     paragraph may be provided only for projects for which the 
     applicable State agency responsible for health and human 
     services programs, and the applicable State agency designated 
     to administer or supervise the administration of the State 
     plan for medical assistance under title XIX of the Social 
     Security Act, have entered into such agreements as the 
     Secretary considers appropriate--
       ``(i) to identify the target populations to be served by 
     the project;
       ``(ii) to set forth methods for outreach and referral; and
       ``(iii) to make available appropriate services for tenants 
     of the project.
       ``(E) Use requirements.--In the case of any project for 
     which project rental assistance is provided under this 
     paragraph, the dwelling units assisted pursuant to 
     subparagraph (B) shall be operated for not less than 30 years 
     as supportive housing for persons with disabilities, in 
     accordance with the application for the project approved by 
     the Secretary, and such dwelling units shall, during such 
     period, be made available for occupancy only by persons and 
     households described in subparagraph (B)(iv).
       ``(F) Report.--Not later than 3 years after the date of the 
     enactment of this paragraph, and again 2 years thereafter, 
     the Secretary shall submit to Congress a report--
       ``(i) describing the assistance provided under this 
     paragraph;
       ``(ii) analyzing the effectiveness of such assistance, 
     including the effectiveness of such assistance compared to 
     the assistance program for capital advances set forth under 
     subsection (d)(1) (as in effect pursuant to the amendments 
     made by such Act); and
       ``(iii) making recommendations regarding future models for 
     assistance under this section.''.
       On page 28, line 20, strike ``(l)'' and all that follows 
     through ``Act)'' on line 21, and insert ``(k)''.
       On page 29, strike line 1, and all that follows through 
     page 30, line 23, and inserting the following:
       (B) in paragraph (2), by striking the first sentence, and 
     inserting the following: ``The term `person with 
     disabilities' means a household composed of one or more 
     persons who is 18 years of age or older and less than 62 
     years of age, and who has a disability.'';
       On page 31, line 23, strike ``(m)'' and all that follows 
     through ``Act)'' on line 24, and insert ``(l)''.
       On page 32, strike lines 7 through 24, and insert the 
     following:

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       Subsection (m) of section 811 is amended to read as 
     follows:
       ``(m) Authorization of Appropriations.--There are 
     authorized to be appropriated for providing assistance 
     pursuant to this section $300,000,000 for each of fiscal 
     years 2011 through 2015.''.
       On page 33, strike lines 1 through 9.
       On page 33, line 10, strike ``SEC. 8.'' and insert ``SEC. 
     7.''
                                 ______
                                 
  SA 4837. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4827 proposed by Mr. Reid to the bill H.R. 2965, to amend 
the Small Business Act with respect to the Small Business Innovation 
Research Program and the Small Business Technology Transfer Program, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       In section 2, as reported pursuant to Senate amendment 
     4827, strike ``subsection (f)'' each place it appears and 
     insert ``subsection (g)''.
       In subsection (b)(2) of such section, redesignate 
     subparagraph (C) as subparagraph (D) and insert after 
     subparagraph (B) the following new subparagraph (C):
       (C) That the report required by subsection (e) regarding 
     the costs of implementing a repeal of section 654 of title 
     10, United States Code, has been completed and received by 
     the congressional defense committees.
       Redesignate subsections (e) and (f) of such section as 
     subsections (f) and (g), respectively, and insert after 
     subsection (d) the following new subsection (e):
       (e) Report.--The Secretary of Defense shall submit to the 
     congressional defense committees a report setting forth a 
     detailed estimate of the costs of implementing a repeal of 
     section 654 of title 10, United States Code, through fiscal 
     year 2015, including an estimate of the costs of 
     implementing--
       (1) training and education programs and related materials 
     and contractor support; and
       (2) increased or new personnel benefits related to housing, 
     pay, allowances, and the establishment of new relationship 
     statuses for benefits eligibility.
                                 ______
                                 
  SA 4838. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4827 proposed by Mr. Reid to the bill H.R. 2965, to amend 
the Small Business Act with respect to the Small Business Innovation 
Research Program and the Small Business Technology Transfer Program, 
and for other

[[Page 22592]]

purposes; which was ordered to lie on the table; as follows:

       In section 2(b), as reported pursuant to Senate amendment 
     4827, strike the stem of paragraph (2) and paragraph (2)(A) 
     and insert the following:
       (2) The President transmits to the congressional defense 
     committees a written certification, signed by the President, 
     the Secretary of Defense, the Chairman of the Joint Chiefs of 
     Staff, and each of the Joint Chiefs of Staff, stating each of 
     the following:
       (A) That the President, the Secretary of Defense, the 
     Chairman of the Joint Chiefs of Staff, and each of the Joint 
     Chiefs of Staff have considered the recommendations contained 
     in the report and the report's proposed plan of action.
                                 ______
                                 
  SA 4839. Mr. RISCH (for himself, Mr. Cornyn, Mr. Inhofe, and Mr. 
LeMieux) submitted an amendment intended to be proposed by him to 
Treaty Doc. 111-5, Treaty between the United States of America and the 
Russian Federation on Measures for the Further Reduction and Limitation 
of Strategic Offensive Arms, signed in Prague on April 8, 2010, with 
Protocol; which was ordered to lie on the table; as follows:

       In the preamble to the New START Treaty, insert after 
     ``strategic offensive arms of the Parties,'' the following:
       Acknowledging there is an interrelationship between non-
     strategic and strategic offensive arms, that as the number of 
     strategic offensive arms is reduced this relationship becomes 
     more pronounced and requires an even greater need for 
     transparency and accountability, and that the disparity 
     between the Parties' arsenals could undermine predictability 
     and stability.
                                 ______
                                 
  SA 4840. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       In Part One of the Protocol to the New START Treaty, in 
     paragraph 45. (35.), strike ``and the self-propelled device 
     on which it is mounted'' and insert ``and the self-propelled 
     device or railcar or flatcar on which it is mounted''.
       In Part One of the Protocol to the New START Treaty, in 
     paragraph 57. (45.)(c), insert ``or railcar or flatcar'' 
     after ``self-propelled device''.
                                 ______
                                 
  SA 4841. Mr. THUNE submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       In section 1(a) of Article II of the Treaty, strike ``700, 
     for deployed ICBMs, deployed SLBMs, and deployed heavy 
     bombers'' and insert ``720, for deployed ICBMs, deployed 
     SLBMs, and deployed heavy bombers''.
                                 ______
                                 
  SA 4842. Mr. THUNE submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       In section 1 of Article II of the Treaty, strike ``(a) 700, 
     for deployed ICBMs, deployed SLBMs, and deployed heavy 
     bombers'' and all that follows through the period at the end 
     of paragraph (c) and insert the following: ``(a) 800, for 
     deployed ICBMs, deployed SLBMs, and deployed heavy bombers;
       (b) 1550, for warheads on deployed ICBMs, warheads on 
     deployed SLBMs, and nuclear warheads counted for deployed 
     heavy bombers.
                                 ______
                                 
  SA 4843. Mr. BINGAMAN (for Mr. Rockefeller (for himself, Mrs. 
Hutchison, Mr. Bingaman, Mr. Alexander, Mr. Lieberman, Mr. Coons, and 
Mr. Brown of Massachusetts)) proposed an amendment to the bill H.R. 
5116, to invest in innovation through research and development, to 
improve the competitiveness of the United States, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--this Act may be cited as the ``America 
     COMPETES Reauthorization Act of 2010'' or the ``America 
     Creating Opportunities to Meaningfully Promote Excellence in 
     Technology, Education, and Science Reauthorization Act of 
     2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary impact statement.

            TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

Sec. 101. Coordination of Federal STEM education.
Sec. 102. Coordination of advanced manufacturing research and 
              development.
Sec. 103. Interagency public access committee.
Sec. 104. Federal scientific collections.
Sec. 105. Prize competitions.

        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Sec. 201. NASA's contribution to innovation and competitiveness.
Sec. 202. NASA's contribution to education.
Sec. 203. Assessment of impediments to space science and engineering 
              workforce development for minority and under-represented 
              groups at NASA.
Sec. 204. International Space Station's contribution to national 
              competitiveness enhancement.
Sec. 205. Study of potential commercial orbital platform.
Sec. 206. Definitions.

       TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 301. Oceanic and atmospheric research and development program.
Sec. 302. Oceanic and atmospheric science education programs.
Sec. 303. Workforce study.

        TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Sec. 401. Short title.
Sec. 402. Authorization of appropriations.
Sec. 403. Under Secretary of Commerce for Standards and Technology.
Sec. 404. Manufacturing Extension Partnership.
Sec. 405. Emergency communication and tracking technologies research 
              initiative.
Sec. 406. Broadening participation.
Sec. 407. NIST Fellowships.
Sec. 408. Green manufacturing and construction.
Sec. 409. Definitions.

  TITLE V--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT 
                                PROGRAMS

                SUBTITLE A--NATIONAL SCIENCE FOUNDATION

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authorization of appropriations.
Sec. 504. National Science Board administrative amendments.
Sec. 505. National Center for Science and Engineering statistics.
Sec. 506. National Science Foundation manufacturing research and 
              education.
Sec. 507. National Science Board report on mid-scale instrumentation.
Sec. 508. Partnerships for innovation.
Sec. 509. Sustainable chemistry basic research.
Sec. 510. Graduate student support.
Sec. 511. Robert Noyce teacher scholarship program.
Sec. 512. Undergraduate broadening participation program.
Sec. 513. Research experiences for high school students.
Sec. 514. Research experiences for undergraduates.
Sec. 515. STEM industry internship programs.
Sec. 516. Cyber-enabled learning for national challenges.
Sec. 517. Experimental Program to Stimulate Competitive Research.
Sec. 518. Sense of the Senate regarding the science, technology, 
              engineering, and mathematics talent expansion program.
Sec. 519. Sense of the Senate regarding the National Science 
              Foundation's contributions to basic research and 
              education.
Sec. 520. Academic technology transfer and commercialization of 
              university research.
Sec. 521. Study to develop improved impact-on-society metrics.
Sec. 522. NSF grants in support of sponsored post-doctoral fellowship 
              programs.
Sec. 523. Collaboration in planning for stewardship of large-scale 
              facilities.
Sec. 524. Cloud computing research enhancement.
Sec. 525. Tribal colleges and universities program.
Sec. 526. Broader impacts review criterion.
Sec. 527. Twenty-first century graduate education.

                SUBTITLE B--STEM-TRAINING GRANT PROGRAM

Sec. 551. Purpose.
Sec. 552. Program requirements.
Sec. 553. Grant program.
Sec. 554. Grant oversight and administration.

[[Page 22593]]

Sec. 555. Definitions.
Sec. 556. Authorization of appropriations.

                          TITLE VI--INNOVATION

Sec. 601. Office of innovation and entrepreneurship.
Sec. 602. Federal loan guarantees for innovative technologies in 
              manufacturing.
Sec. 603. Regional innovation program.
Sec. 604. Study on economic competitiveness and innovative capacity of 
              United States and development of national economic 
              competitiveness strategy.
Sec. 605. Promoting use of high-end computing simulation and modeling 
              by small- and medium-sized manufacturers.

                       TITLE VII--NIST GREEN JOBS

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. National Institute of Standards and Technology competitive 
              grant program.

                     TITLE VIII--GENERAL PROVISIONS

Sec. 801. Government Accountability Office review.
Sec. 802. Salary restrictions.
Sec. 803. Additional research authorities of the FCC.

                     TITLE IX--DEPARTMENT OF ENERGY

Sec. 901. Science, engineering, and mathematics education programs.
Sec. 902. Energy research programs.
Sec. 903. Basic research.
Sec. 904. Advanced Research Project Agency-Energy.

                           TITLE X--EDUCATION

Sec. 1001. References.
Sec. 1002. Repeals and conforming amendments.
Sec. 1003. Authorizations of appropriations and matching requirement.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Director.--In title I, the term ``Director'' means the 
     Director of the Office of Science and Technology Policy.
       (2) STEM.--The term ``STEM'' means the academic and 
     professional disciplines of science, technology, engineering, 
     and mathematics.

     SEC. 3. BUDGETARY IMPACT STATEMENT.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

            TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

     SEC. 101. COORDINATION OF FEDERAL STEM EDUCATION.

       (a) Establishment.--The Director shall establish a 
     committee under the National Science and Technology Council, 
     including the Office of Management and Budget, with the 
     responsibility to coordinate Federal programs and activities 
     in support of STEM education, including at the National 
     Science Foundation, the Department of Energy, the National 
     Aeronautics and Space Administration, the National Oceanic 
     and Atmospheric Administration, the Department of Education, 
     and all other Federal agencies that have programs and 
     activities in support of STEM education.
       (b) Responsibilities.--The committee established under 
     subsection (a) shall--
       (1) coordinate the STEM education activities and programs 
     of the Federal agencies;
       (2) coordinate STEM education activities and programs with 
     the Office of Management and Budget;
       (3) encourage the teaching of innovation and 
     entrepreneurship as part of STEM education activities;
       (4) review STEM education activities and programs to ensure 
     they are not duplicative of similar efforts within the 
     Federal government;
       (5) develop, implement through the participating agencies, 
     and update once every 5 years a 5-year STEM education 
     strategic plan, which shall--
       (A) specify and prioritize annual and long-term objectives;
       (B) specify the common metrics that will be used to assess 
     progress toward achieving the objectives;
       (C) describe the approaches that will be taken by each 
     participating agency to assess the effectiveness of its STEM 
     education programs and activities; and
       (D) with respect to subparagraph (A), describe the role of 
     each agency in supporting programs and activities designed to 
     achieve the objectives; and
       (6) establish, periodically update, and maintain an 
     inventory of federally sponsored STEM education programs and 
     activities, including documentation of assessments of the 
     effectiveness of such programs and activities and rates of 
     participation by women, underrepresented minorities, and 
     persons in rural areas in such programs and activities.
       (b) Responsibilities of OSTP.--The Director shall encourage 
     and monitor the efforts of the participating agencies to 
     ensure that the strategic plan under subsection (b)(5) is 
     developed and executed effectively and that the objectives of 
     the strategic plan are met.
       (c) Report.--The Director shall transmit a report annually 
     to Congress at the time of the President's budget request 
     describing the plan required under subsection (b)(5). The 
     annual report shall include--
       (1) a description of the STEM education programs and 
     activities for the previous and current fiscal years, and the 
     proposed programs and activities under the President's budget 
     request, of each participating Federal agency;
       (2) the levels of funding for each participating Federal 
     agency for the programs and activities described under 
     paragraph (1) for the previous fiscal year and under the 
     President's budget request;
       (3) an evaluation of the levels of duplication and 
     fragmentation of the programs and activities described under 
     paragraph (1);
       (4) except for the initial annual report, a description of 
     the progress made in carrying out the implementation plan, 
     including a description of the outcome of any program 
     assessments completed in the previous year, and any changes 
     made to that plan since the previous annual report; and
       (5) a description of how the participating Federal agencies 
     will disseminate information about federally supported 
     resources for STEM education practitioners, including teacher 
     professional development programs, to States and to STEM 
     education practitioners, including to teachers and 
     administrators in schools that meet the criteria described in 
     subsection (c)(1)(A) and (B) of section 3175 of the 
     Department of Energy Science Education Enhancement Act (42 
     U.S.C. 7381j(c)(1)(A) and (B)).

     SEC. 102. COORDINATION OF ADVANCED MANUFACTURING RESEARCH AND 
                   DEVELOPMENT.

       (a) Interagency Committee.--The Director shall establish or 
     designate a Committee on Technology under the National 
     Science and Technology Council. The Committee shall be 
     responsible for planning and coordinating Federal programs 
     and activities in advanced manufacturing research and 
     development.
       (b) Responsibilities of Committee.--The Committee shall--
       (1) coordinate the advanced manufacturing research and 
     development programs and activities of the Federal agencies;
       (2) establish goals and priorities for advanced 
     manufacturing research and development that will strengthen 
     United States manufacturing;
       (3) work with industry organizations, Federal agencies, and 
     Federally Funded Research and Development Centers not 
     represented on the Committee, to identify and reduce 
     regulatory, logistical, and fiscal barriers within the 
     Federal government and State governments that inhibit United 
     States manufacturing;
       (4) facilitate the transfer of intellectual property and 
     technology based on federally supported university research 
     into commercialization and manufacturing;
       (5) identify technological, market, or business challenges 
     that may best be addressed by public-private partnerships, 
     and are likely to attract both participation and primary 
     funding from industry;
       (6) encourage the formation of public-private partnerships 
     to respond to those challenges for transition to United 
     States manufacturing; and
       (7) develop, and update every 5 years, a strategic plan to 
     guide Federal programs and activities in support of advanced 
     manufacturing research and development, which shall--
       (A) specify and prioritize near-term and long-term research 
     and development objectives, the anticipated time frame for 
     achieving the objectives, and the metrics for use in 
     assessing progress toward the objectives;
       (B) specify the role of each Federal agency in carrying out 
     or sponsoring research and development to meet the objectives 
     of the strategic plan;
       (C) describe how the Federal agencies and Federally Funded 
     Research and Development Centers supporting advanced 
     manufacturing research and development will foster the 
     transfer of research and development results into new 
     manufacturing technologies and United States based 
     manufacturing of new products and processes for the benefit 
     of society to ensure national, energy, and economic security;
       (D) describe how Federal agencies and Federally Funded 
     Research and Development Centers supporting advanced 
     manufacturing research and development will strengthen all 
     levels of manufacturing education and training programs to 
     ensure an adequate, well-trained workforce;
       (E) describe how the Federal agencies and Federally Funded 
     Research and Development Centers supporting advanced 
     manufacturing research and development will assist small- and 
     medium-sized manufacturers in developing and implementing new 
     products and processes; and
       (F) take into consideration the recommendations of a wide 
     range of stakeholders, including representatives from diverse 
     manufacturing companies, academia, and other relevant 
     organizations and institutions.

[[Page 22594]]

       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall transmit the 
     strategic plan developed under subsection (b)(7) to the 
     Senate Committee on Commerce, Science, and Transportation, 
     and the House of Representatives Committee on Science and 
     Technology, and shall transmit subsequent updates to those 
     committees as appropriate.

     SEC. 103. INTERAGENCY PUBLIC ACCESS COMMITTEE.

       (a) Establishment.--The Director shall establish a working 
     group under the National Science and Technology Council with 
     the responsibility to coordinate Federal science agency 
     research and policies related to the dissemination and long-
     term stewardship of the results of unclassified research, 
     including digital data and peer-reviewed scholarly 
     publications, supported wholly, or in part, by funding from 
     the Federal science agencies.
       (b) Responsibilities.--The working group shall--
       (1) identify the specific objectives and public interests 
     that need to be addressed by any policies coordinated under 
     (a);
       (2) take into account inherent variability among Federal 
     science agencies and scientific disciplines in the nature of 
     research, types of data, and dissemination models;
       (3) coordinate the development or designation of standards 
     for research data, the structure of full text and metadata, 
     navigation tools, and other applications to maximize 
     interoperability across Federal science agencies, across 
     science and engineering disciplines, and between research 
     data and scholarly publications, taking into account existing 
     consensus standards, including international standards;
       (4) coordinate Federal science agency programs and 
     activities that support research and education on tools and 
     systems required to ensure preservation and stewardship of 
     all forms of digital research data, including scholarly 
     publications;
       (5) work with international science and technology 
     counterparts to maximize interoperability between United 
     States based unclassified research databases and 
     international databases and repositories;
       (6) solicit input and recommendations from, and collaborate 
     with, non-Federal stakeholders, including the public, 
     universities, nonprofit and for-profit publishers, libraries, 
     federally funded and non federally funded research 
     scientists, and other organizations and institutions with a 
     stake in long term preservation and access to the results of 
     federally funded research;
       (7) establish priorities for coordinating the development 
     of any Federal science agency policies related to public 
     access to the results of federally funded research to 
     maximize the benefits of such policies with respect to their 
     potential economic or other impact on the science and 
     engineering enterprise and the stakeholders thereof;
       (8) take into consideration the distinction between 
     scholarly publications and digital data;
       (9) take into consideration the role that scientific 
     publishers play in the peer review process in ensuring the 
     integrity of the record of scientific research, including the 
     investments and added value that they make; and
       (10) examine Federal agency practices and procedures for 
     providing research reports to the agencies charged with 
     locating and preserving unclassified research.
       (c) Patent or Copyright Law.--Nothing in this section shall 
     be construed to undermine any right under the provisions of 
     title 17 or 35, United States Code.
       (d) Application with Existing Law.--Nothing defined in 
     section (b) shall be construed to affect existing law with 
     respect to Federal science agencies' policies related to 
     public access.
       (e) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Director shall transmit a 
     report to Congress describing--
       (1) the specific objectives and public interest identified 
     under (b)(1);
       (2) any priorities established under subsection (b)(7);
       (3) the impact the policies described under (a) have had on 
     the science and engineering enterprise and the stakeholders, 
     including the financial impact on research budgets;
       (4) the status of any Federal science agency policies 
     related to public access to the results of federally funded 
     research; and
       (5) how any policies developed or being developed by 
     Federal science agencies, as described in subsection (a), 
     incorporate input from the non-Federal stakeholders described 
     in subsection (b)(6).
       (f) Federal Science Agency Defined.--For the purposes of 
     this section, the term ``Federal science agency'' means any 
     Federal agency with an annual extramural research expenditure 
     of over $100,000,000.

     SEC. 104. FEDERAL SCIENTIFIC COLLECTIONS.

       (a) Management of Scientific Collections.--The Office of 
     Science and Technology Policy shall develop policies for the 
     management and use of Federal scientific collections to 
     improve the quality, organization, access, including online 
     access, and long-term preservation of such collections for 
     the benefit of the scientific enterprise. In developing those 
     policies the Office of Science and Technology Policy shall 
     consult, as appropriate, with--
       (1) Federal agencies with such collections; and
       (2) representatives of other organizations, institutions, 
     and other entities not a part of the Federal Government that 
     have a stake in the preservation, maintenance, and 
     accessibility of such collections, including State and local 
     government agencies, institutions of higher education, 
     museums, and other entities engaged in the acquisition, 
     holding, management, or use of scientific collections.
       (b) Clearinghouse.--The Office of Science and Technology 
     Policy, in consultation with relevant Federal agencies, shall 
     ensure the development of an online clearinghouse for 
     information on the contents of and access to Federal 
     scientific collections.
       (c) Disposal of Collections.--The policies developed under 
     subsection (a) shall--
       (1) require that, before disposing of a scientific 
     collection, a Federal agency shall--
       (A) conduct a review of the research value of the 
     collection; and
       (B) consult with researchers who have used the collection, 
     and other potentially interested parties, concerning--
       (i) the collection's value for research purposes; and
       (ii) possible additional educational uses for the 
     collection; and
       (2) include procedures for Federal agencies to transfer 
     scientific collections they no longer need to researchers at 
     institutions or other entities qualified to manage the 
     collections.
       (d) Cost Projections.--The Office of Science and Technology 
     Policy, in consultation with relevant Federal agencies, shall 
     develop a common set of methodologies to be used by Federal 
     agencies for the assessment and projection of costs 
     associated with the management and preservation of their 
     scientific collections.
       (e) Scientific Collection Defined.--In this section, the 
     term ``scientific collection'' means a set of physical 
     specimens, living or inanimate, created for the purpose of 
     supporting science and serving as a long-term research asset, 
     rather than for their market value as collectibles or their 
     historical, artistic, or cultural significance, and, as 
     appropriate and feasible, the associated specimen data and 
     materials.

     SEC. 105. PRIZE COMPETITIONS.

       (a) In General.--The Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 24. PRIZE COMPETITIONS.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' means a Federal agency.
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Science and Technology Policy.
       ``(3) Federal agency.--The term `Federal agency' has the 
     meaning given under section 4, except that term shall not 
     include any agency of the legislative branch of the Federal 
     Government.
       ``(4) Head of an agency.--The term `head of an agency' 
     means the head of a Federal agency.
       ``(b) In General.--Each head of an agency, or the heads of 
     multiple agencies in cooperation, may carry out a program to 
     award prizes competitively to stimulate innovation that has 
     the potential to advance the mission of the respective 
     agency.
       ``(c) Prizes.--For purposes of this section, a prize may be 
     one or more of the following:
       ``(1) A point solution prize that rewards and spurs the 
     development of solutions for a particular, well-defined 
     problem.
       ``(2) An exposition prize that helps identify and promote a 
     broad range of ideas and practices that may not otherwise 
     attract attention, facilitating further development of the 
     idea or practice by third parties.
       ``(3) Participation prizes that create value during and 
     after the competition by encouraging contestants to change 
     their behavior or develop new skills that may have beneficial 
     effects during and after the competition.
       ``(4) Such other types of prizes as each head of an agency 
     considers appropriate to stimulate innovation that has the 
     potential to advance the mission of the respective agency.
       ``(d) Topics.--In selecting topics for prize competitions, 
     the head of an agency shall consult widely both within and 
     outside the Federal Government, and may empanel advisory 
     committees.
       ``(e) Advertising.--The head of an agency shall widely 
     advertise each prize competition to encourage broad 
     participation.
       ``(f) Requirements and Registration.--For each prize 
     competition, the head of an agency shall publish a notice in 
     the Federal Register announcing--
       ``(1) the subject of the competition;
       ``(2) the rules for being eligible to participate in the 
     competition;
       ``(3) the process for participants to register for the 
     competition;
       ``(4) the amount of the prize; and
       ``(5) the basis on which a winner will be selected.
       ``(g) Eligibility.--To be eligible to win a prize under 
     this section, an individual or entity--
       ``(1) shall have registered to participate in the 
     competition under any rules promulgated by the head of an 
     agency under subsection (f);
       ``(2) shall have complied with all the requirements under 
     this section;

[[Page 22595]]

       ``(3) in the case of a private entity, shall be 
     incorporated in and maintain a primary place of business in 
     the United States, and in the case of an individual, whether 
     participating singly or in a group, shall be a citizen or 
     permanent resident of the United States; and
       ``(4) may not be a Federal entity or Federal employee 
     acting within the scope of their employment.
       ``(h) Consultation With Federal Employees.--An individual 
     or entity shall not be deemed ineligible under subsection (g) 
     because the individual or entity used Federal facilities or 
     consulted with Federal employees during a competition if the 
     facilities and employees are made available to all 
     individuals and entities participating in the competition on 
     an equitable basis.
       ``(i) Liability.--
       ``(1) In general.--
       ``(A) Definition.--In this paragraph, the term `related 
     entity' means a contractor or subcontractor at any tier, and 
     a supplier, user, customer, cooperating party, grantee, 
     investigator, or detailee.
       ``(B) Liability.--Registered participants shall be required 
     to agree to assume any and all risks and waive claims against 
     the Federal Government and its related entities, except in 
     the case of willful misconduct, for any injury, death, 
     damage, or loss of property, revenue, or profits, whether 
     direct, indirect, or consequential, arising from their 
     participation in a competition, whether the injury, death, 
     damage, or loss arises through negligence or otherwise.
       ``(2) Insurance.--Participants shall be required to obtain 
     liability insurance or demonstrate financial responsibility, 
     in amounts determined by the head of an agency, for claims 
     by--
       ``(A) a third party for death, bodily injury, or property 
     damage, or loss resulting from an activity carried out in 
     connection with participation in a competition, with the 
     Federal Government named as an additional insured under the 
     registered participant's insurance policy and registered 
     participants agreeing to indemnify the Federal Government 
     against third party claims for damages arising from or 
     related to competition activities; and
       ``(B) the Federal Government for damage or loss to 
     Government property resulting from such an activity.
       ``(3) Exception.--The head of an agency may not require a 
     participant to waive claims against the administering entity 
     arising out of the unauthorized use or disclosure by the 
     agency of the intellectual property, trade secrets, or 
     confidential business information of the participant.
       ``(j) Intellectual Property.--
       ``(1) Prohibition on the government acquiring intellectual 
     property rights.--The Federal Government may not gain an 
     interest in intellectual property developed by a participant 
     in a competition without the written consent of the 
     participant.
       ``(2) Licenses.--The Federal Government may negotiate a 
     license for the use of intellectual property developed by a 
     participant for a competition.
       ``(k) Judges.--
       ``(1) In general.--For each competition, the head of an 
     agency, either directly or through an agreement under 
     subsection (l), shall appoint one or more qualified judges to 
     select the winner or winners of the prize competition on the 
     basis described under subsection (f). Judges for each 
     competition may include individuals from outside the agency, 
     including from the private sector.
       ``(2) Restrictions.--A judge may not--
       ``(A) have personal or financial interests in, or be an 
     employee, officer, director, or agent of any entity that is a 
     registered participant in a competition; or
       ``(B) have a familial or financial relationship with an 
     individual who is a registered participant.
       ``(3) Guidelines.--The heads of agencies who carry out 
     competitions under this section shall develop guidelines to 
     ensure that the judges appointed for such competitions are 
     fairly balanced and operate in a transparent manner.
       ``(4) Exemption from faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to any committee, board, 
     commission, panel, task force, or similar entity, created 
     solely for the purpose of judging prize competitions under 
     this section.
       ``(l) Administering the Competition.--The head of an agency 
     may enter into an agreement with a private, nonprofit entity 
     to administer a prize competition, subject to the provisions 
     of this section.
       ``(m) Funding.--
       ``(1) In general.--Support for a prize competition under 
     this section, including financial support for the design and 
     administration of a prize or funds for a monetary prize 
     purse, may consist of Federal appropriated funds and funds 
     provided by the private sector for such cash prizes. The head 
     of an agency may accept funds from other Federal agencies to 
     support such competitions. The head of an agency may not give 
     any special consideration to any private sector entity in 
     return for a donation.
       ``(2) Availability of funds.--Notwithstanding any other 
     provision of law, funds appropriated for prize awards under 
     this section shall remain available until expended. No 
     provision in this section permits obligation or payment of 
     funds in violation of section 1341 of title 31, United States 
     Code.
       ``(3) Amount of prize.--
       ``(A) Announcement.--No prize may be announced under 
     subsection (f) until all the funds needed to pay out the 
     announced amount of the prize have been appropriated or 
     committed in writing by a private source.
       ``(B) Increase in amount.--The head of an agency may 
     increase the amount of a prize after an initial announcement 
     is made under subsection (f) only if--
       ``(i) notice of the increase is provided in the same manner 
     as the initial notice of the prize; and
       ``(ii) the funds needed to pay out the announced amount of 
     the increase have been appropriated or committed in writing 
     by a private source.
       ``(4) Limitation on amount.--
       ``(A) Notice to congress.--No prize competition under this 
     section may offer a prize in an amount greater than 
     $50,000,000 unless 30 days have elapsed after written notice 
     has been transmitted to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Science 
     and Technology of the House of Representatives.
       ``(B) Approval of head of agency.--No prize competition 
     under this section may result in the award of more than 
     $1,000,000 in cash prizes without the approval of the head of 
     an agency.
       ``(n) General Service Administration Assistance.--Not later 
     than 180 days after the date of the enactment of the America 
     COMPETES Reauthorization Act of 2010, the General Services 
     Administration shall provide government wide services to 
     share best practices and assist agencies in developing 
     guidelines for issuing prize competitions. The General 
     Services Administration shall develop a contract vehicle to 
     provide agencies access to relevant products and services, 
     including technical assistance in structuring and conducting 
     prize competitions to take maximum benefit of the marketplace 
     as they identify and pursue prize competitions to further the 
     policy objectives of the Federal Government.
       ``(o) Compliance With Existing Law.--
       ``(1) In General.--The Federal Government shall not, by 
     virtue of offering or providing a prize under this section, 
     be responsible for compliance by registered participants in a 
     prize competition with Federal law, including licensing, 
     export control, and nonproliferation laws, and related 
     regulations.
       ``(2) Other prize authority.-- Nothing in this section 
     affects the prize authority authorized by any other provision 
     of law.
       ``(p) Annual Report.--
       ``(1) In general.--Not later than March 1 of each year, the 
     Director shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Science 
     and Technology of the House of Representatives a report on 
     the activities carried out during the preceding fiscal year 
     under the authority in subsection (b).
       ``(2) Information included.--The report for a fiscal year 
     under this subsection shall include, for each prize 
     competition under subsection (b), the following:
       ``(A) Proposed goals.--A description of the proposed goals 
     of each prize competition.
       ``(B) Preferable method.--An analysis of why the 
     utilization of the authority in subsection (b) was the 
     preferable method of achieving the goals described in 
     subparagraph (A) as opposed to other authorities available to 
     the agency, such as contracts, grants, and cooperative 
     agreements.
       ``(C) Amount of cash prizes.--The total amount of cash 
     prizes awarded for each prize competition, including a 
     description of amount of private funds contributed to the 
     program, the sources of such funds, and the manner in which 
     the amounts of cash prizes awarded and claimed were allocated 
     among the accounts of the agency for recording as obligations 
     and expenditures.
       ``(D) Solicitations and evaluation of submissions.--The 
     methods used for the solicitation and evaluation of 
     submissions under each prize competition, together with an 
     assessment of the effectiveness of such methods and lessons 
     learned for future prize competitions.
       ``(E) Resources.--A description of the resources, including 
     personnel and funding, used in the execution of each prize 
     competition together with a detailed description of the 
     activities for which such resources were used and an 
     accounting of how funding for execution was allocated among 
     the accounts of the agency for recording as obligations and 
     expenditures.
       ``(F) Results.--A description of how each prize competition 
     advanced the mission of the agency concerned.''.
       (b) Repeal of space act limitation.--Section 314(a) of the 
     National Aeronautics and Space Act of 1958 (42 U.S.C. 2459f-1 
     is amended by striking ``The Administration may carry out a 
     program to award prizes only in conformity with this 
     section.''.

        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

     SEC. 201. NASA'S CONTRIBUTION TO INNOVATION AND 
                   COMPETITIVENESS.

       It is the sense of Congress that a renewed emphasis on 
     technology development would enhance current mission 
     capabilities and enable future missions, while encouraging

[[Page 22596]]

     NASA, private industry, and academia to spur innovation. 
     NASA's Innovative Partnership Program is a valuable mechanism 
     to accelerate technology maturation and encourage the 
     transfer of technology into the private sector.

     SEC. 202. NASA'S CONTRIBUTION TO EDUCATION.

       (a) Sense Of Congress.--It is the sense of Congress that 
     NASA is uniquely positioned to interest students in science, 
     technology, engineering, and mathematics, not only by the 
     example it sets, but through its education programs.
       (b) Educational Program Goals.--NASA shall develop and 
     maintain educational programs--
       (1) to carry out and support research based programs and 
     activities designed to increase student interest and 
     participation in STEM, including students from minority and 
     underrepresented groups;
       (2) to improve public literacy in STEM;
       (3) that employ proven strategies and methods for improving 
     student learning and teaching in STEM;
       (4) to provide curriculum support materials and other 
     resources that--
       (A) are designed to be integrated with comprehensive STEM 
     education;
       (B) are aligned with national science education standards;
       (C) promote the adoption and implementation of high-quality 
     education practices that build toward college and career-
     readiness; and
       (5) to create and support opportunities for enhanced and 
     ongoing professional development for teachers using best 
     practices that improve the STEM content and knowledge of the 
     teachers, including through programs linking STEM teachers 
     with STEM educators at the higher education level.

     SEC. 203. ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND 
                   ENGINEERING WORKFORCE DEVELOPMENT FOR MINORITY 
                   AND UNDERREPRESENTED GROUPS AT NASA.

       (a) Assessment.--The Administrator shall enter into an 
     arrangement for an independent assessment of any impediments 
     to space science and engineering workforce development for 
     minority and underrepresented groups at NASA, including 
     recommendations on--
       (1) measures to address such impediments;
       (2) opportunities for augmenting the impact of space 
     science and engineering workforce development activities and 
     for expanding proven, effective programs; and
       (3) best practices and lessons learned, as identified 
     through the assessment, to help maximize the effectiveness of 
     existing and future programs to increase the participation of 
     minority and underrepresented groups in the space science and 
     engineering workforce at NASA.
       (b) Report.--A report on the assessment carried out under 
     subsection (a) shall be transmitted to the House of 
     Representatives Committee on Science and Technology and the 
     Senate Committee on Commerce, Science, and Transportation not 
     later than 15 months after the date of enactment of this Act.
       (c) Implementation.--To the extent practicable, the 
     Administrator shall take all necessary steps to address any 
     impediments identified in the assessment.

     SEC. 204. INTERNATIONAL SPACE STATION'S CONTRIBUTION TO 
                   NATIONAL COMPETITIVENESS ENHANCEMENT.

       (a) Sense of Congress.--It is the sense of the Congress 
     that the International Space Station represents a valuable 
     and unique national asset which can be utilized to increase 
     educational opportunities and scientific and technological 
     innovation which will enhance the Nation's economic security 
     and competitiveness in the global technology fields of 
     endeavor. If the period for active utilization of the 
     International Space Station is extended to at least the year 
     2020, the potential for such opportunities and innovation 
     would be increased. Efforts should be made to fully realize 
     that potential.
       (b) Evaluation and Assessment of NASA's Interagency 
     Contribution.--Pursuant to the authority provided in title II 
     of the America COMPETES Act (Public Law 110-69), the 
     Administrator shall evaluate and, where possible, expand 
     efforts to maximize NASA's contribution to interagency 
     efforts to enhance science, technology, engineering, and 
     mathematics education capabilities, and to enhance the 
     Nation's technological excellence and global competitiveness. 
     The Administrator shall identify these enhancements in the 
     annual reports required by section 2001(e) of that Act (42 
     U.S.C. 16611a(e)).
       (c) Report to the Congress.--Within 120 days after the date 
     of enactment of this Act, the Administrator shall provide to 
     the House of Representatives Committee on Science and 
     Technology and the Senate Committee on Commerce, Science, and 
     Transportation a report on the assessment made pursuant to 
     subsection (a). The report shall include--
       (1) a description of current and potential activities 
     associated with utilization of the International Space 
     Station which are supportive of the goals of educational 
     excellence and innovation and competitive enhancement 
     established or reaffirmed by this Act, including a summary of 
     the goals supported, the number of individuals or 
     organizations participating in or benefiting from such 
     activities, and a summary of how such activities might be 
     expanded or improved upon;
       (2) a description of government and private partnerships 
     which are, or may be, established to effectively utilize the 
     capabilities represented by the International Space Station 
     to enhance United States competitiveness, innovation and 
     science, technology, engineering, and mathematics education; 
     and
       (3) a summary of proposed actions or activities to be 
     undertaken to ensure the maximum utilization of the 
     International Space Station to contribute to fulfillment of 
     the goals and objectives of this Act, and the identification 
     of any additional authority, assets, or funding that would be 
     required to support such activities.

     SEC. 205. STUDY OF POTENTIAL COMMERCIAL ORBITAL PLATFORM 
                   PROGRAM IMPACT ON SCIENCE, TECHNOLOGY, 
                   ENGINEERING, AND MATHEMATICS.

       (a) In General.--Section 1003 of the National Aeronautics 
     and Space Administration Authorization Act of 2010 (42 U.S.C. 
     18421) is amended to read as follows:

     ``SEC. 1003. STUDY OF POTENTIAL COMMERCIAL ORBITAL PLATFORM 
                   PROGRAM IMPACT ON SCIENCE, TECHNOLOGY, 
                   ENGINEERING, AND MATHEMATICS.

       ``A fundamental and unique capability of NASA is in 
     stimulating science, technology, engineering, and mathematics 
     education in the United States. In ensuring maximum use of 
     that capability, the Administrator shall carry out a study 
     to--
       ``(1) identify the benefits of and lessons learned from 
     ongoing and previous NASA orbital student programs including, 
     at a minimum, the Get Away Special (GAS) and Earth Knowledge 
     Acquired by Middle School Students (EarthKAM) programs, on 
     science, technology, engineering, and mathematics education;
       ``(2) assess the potential impacts on science, technology, 
     engineering, and mathematics education of a program that 
     would facilitate the development of scientific and 
     educational payloads involving United States students and 
     educators and the flights of those payloads on commercially 
     available orbital platforms, when available and operational, 
     with the goal of providing frequent and regular payload 
     launches;
       ``(3) identify NASA expertise, such as NASA science, 
     engineering, payload development, and payload operations, 
     that could be made available to facilitate a science, 
     technology, engineering, and mathematics program using 
     commercial orbital platforms; and
       ``(4) identify the issues that would need to be addressed 
     before NASA could properly assess the merits and feasibility 
     of the program described in paragraph (2).''.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 12, 2010.

     SEC. 206. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of NASA.
       (2) NASA.--The term ``NASA'' means the National Aeronautics 
     and Space Administration.

       TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

     SEC. 301. OCEANIC AND ATMOSPHERIC RESEARCH AND DEVELOPMENT 
                   PROGRAM.

       Section 4001 of the America COMPETES Act (33 U.S.C. 893) is 
     amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Administrator''; and
       (2) by adding at the end the following:
       ``(b) Oceanic and Atmospheric Research and Development 
     Program.--The Administrator shall implement programs and 
     activities--
       ``(1) to identify emerging and innovative research and 
     development priorities to enhance United States 
     competitiveness, support development of new economic 
     opportunities based on NOAA research, observations, 
     monitoring modeling, and predictions that sustain ecosystem 
     services;
       ``(2) to promote United States leadership in oceanic and 
     atmospheric science and competitiveness in the applied uses 
     of such knowledge, including for the development and 
     expansion of economic opportunities; and
       ``(3) to advance ocean, coastal, Great Lakes, and 
     atmospheric research and development, including potentially 
     transformational research, in collaboration with other 
     relevant Federal agencies, academic institutions, the private 
     sector, and nongovernmental programs, consistent with NOAA's 
     mission to understand, observe, and model the Earth's 
     atmosphere and biosphere, including the oceans, in an 
     integrated manner.
       ``(c) Report.--No later than 12 months after the date of 
     enactment of the America COMPETES Reauthorization Act of 
     2010, the Administrator, in consultation with the National 
     Science Foundation or other such agencies with mature 
     transformational research portfolios, shall develop and 
     submit a report to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Science and Technology that describes NOAA's strategy for 
     enhancing transformational research in its research and 
     development portfolio to increase United

[[Page 22597]]

     States competitiveness in oceanic and atmospheric science and 
     technology. The report shall--
       ``(1) define `transformational research';
       ``(2) identify emerging and innovative areas of research 
     and development where transformational research has the 
     potential to make significant and revolutionary -advancements 
     in both understanding and U.S. science leadership;
       ``(3) describe how transformational research priorities are 
     identified and appropriately -balanced in the context of 
     NOAA's broader research portfolio;
       ``(4) describe NOAA's plan for developing a competitive 
     peer review and priority-setting -process, funding 
     mechanisms, performance and evaluation measures, and 
     transition-to-operation guidelines for transformational 
     research; and
       ``(5) describe partnerships with other agencies involved in 
     transformational research.''.

     SEC. 302. OCEANIC AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.

       Section 4002 of the America COMPETES Act (33 U.S.C. 893a) 
     is amended--
       (1) by striking ``the agency.'' in subsection (a) and 
     inserting ``agency, with consideration given to the goal of 
     promoting the participation of individuals from 
     underrepresented groups in STEM fields and in promoting the 
     acquisition and retention of highly qualified and motivated 
     young scientists to complement and supplement workforce 
     needs.'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Educational Program Goals.--The education programs 
     developed by NOAA shall, to the extent applicable--
       ``(1) carry out and support research based programs and 
     activities designed to increase student interest and 
     participation in STEM;
       ``(2) improve public literacy in STEM;
       ``(3) employ proven strategies and methods for improving 
     student learning and teaching in STEM;
       ``(4) provide curriculum support materials and other 
     resources that--
       ``(A) are designed to be integrated with comprehensive STEM 
     education;
       ``(B) are aligned with national science education 
     standards; and
       ``(C) promote the adoption and implementation of high-
     quality education practices that build toward college and 
     career-readiness; and
       ``(5) create and support opportunities for enhanced and 
     ongoing professional development for teachers using best 
     practices that improves the STEM content and knowledge of the 
     teachers, including through programs linking STEM teachers 
     with STEM educators at the higher education level.'';
       (4) by striking ``develop'' in subsection (c), as 
     redesignated, and inserting ``maintain''; and
       (5) by adding at the end thereof the following:
       ``(e) STEM defined.--In this section, the term `STEM' means 
     the academic and professional disciplines of science, 
     technology, engineering, and mathematics.''.

     SEC. 303. WORKFORCE STUDY.

       (a) In General.--The Secretary of Commerce, in cooperation 
     with the Secretary of Education, shall request the National 
     Academy of Sciences to conduct a study on the scientific 
     workforce in the areas of oceanic and atmospheric research 
     and development. The study shall investigate--
       (1) whether there is a shortage in the number of 
     individuals with advanced degrees in oceanic and atmospheric 
     sciences who have the ability to conduct high quality 
     scientific research in physical and chemical oceanography, 
     meteorology, and atmospheric modeling, and related fields, 
     for government, nonprofit, and private sector entities;
       (2) what Federal programs are available to help facilitate 
     the education of students hoping to pursue these degrees;
       (3) barriers to transitioning highly qualified oceanic and 
     atmospheric scientists into Federal civil service scientist 
     career tracks;
       (4) what institutions of higher education, the private 
     sector, and the Congress could do to increase the number of 
     individuals with such post baccalaureate degrees;
       (5) the impact of an aging Federal scientist workforce on 
     the ability of Federal agencies to conduct high quality 
     scientific research; and
       (6) what actions the Federal government can take to assist 
     the transition of highly qualified scientists into Federal 
     career scientist positions and ensure that the experiences of 
     retiring Federal scientists are adequately documented and 
     transferred prior to retirement from Federal service.
       (b) Coordination.--The Secretary of Commerce and the 
     Secretary of Education shall consult with the heads of other 
     Federal agencies and departments with oceanic and atmospheric 
     expertise or authority in preparing the specifications for 
     the study.
       (c) Report.--No later than 18 months after the date of 
     enactment of this Act, the Secretary of Commerce and the 
     Secretary of Education shall transmit a joint report to each 
     committee of Congress with jurisdiction over the programs 
     described in 4002(b) of the America COMPETES Act (33 U.S.C. 
     893a(b)), as amended by section 302 of this Act, detailing 
     the findings and recommendations of the study and setting 
     forth a prioritized plan to implement the recommendations.
       (d) Program and Plan.--The Administrator of the National 
     Oceanic and Atmospheric Administration shall evaluate the 
     National Academy of Sciences study and develop a workforce 
     program and plan to institutionalize the Administration's 
     Federal science career pathways and address aging workforce 
     issues. The program and plan shall be developed in 
     consultation with the Administration's cooperative institutes 
     and other academic partners to identify and implement 
     programs and mechanisms to ensure that--
       (1) sufficient highly qualified scientists are able to 
     transition into Federal career scientist positions in the 
     Administration's laboratories and programs; and
       (2) the technical and management experiences of senior 
     employees are documented and transferred before leaving 
     Federal service.

        TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``National Institute of 
     Standards and Technology Authorization Act of 2010''.

     SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2011.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Commerce $918,900,000 for the National 
     Institute of Standards and Technology for fiscal year 2011.
       (2) Specific allocations.--Of the amount authorized by 
     paragraph (1)--
       (A) $584,500,000 shall be authorized for scientific and 
     technical research and services laboratory activities;
       (B) $124,800,000 shall be authorized for the construction 
     and maintenance of facilities; and
       (C) $209,600,000 shall be authorized for industrial 
     technology services activities, of which--
       (i) $141,100,000 shall be authorized for the Manufacturing 
     Extension Partnership program under sections 25 and 26 of 
     such Act (15 U.S.C. 278k and 278l), of which not more than 
     $5,000,000 shall be for the competitive grant program under 
     section 25(f) of such Act; and
       (ii) $10,000,000 shall be authorized for the Malcolm 
     Baldrige National Quality Award program under section 17 of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3711a).
       (b) Fiscal Year 2012.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Commerce $970,800,000 for the National 
     Institute of Standards and Technology for fiscal year 2012.
       (2) Specific allocations.--Of the amount authorized by 
     paragraph (1)--
       (A) $661,100,000 shall be authorized for scientific and 
     technical research and services laboratory activities;
       (B) $84,900,000 shall be authorized for the construction 
     and maintenance of facilities; and
       (C) $224,800,000 shall be authorized for industrial 
     technology services activities, of which--
       (i) $155,100,000 shall be authorized for the Manufacturing 
     Extension Partnership program under sections 25 and 26 of 
     such Act (15 U.S.C. 278k and 278l), of which not more than 
     $5,000,000 shall be for the competitive grant program under 
     section 25(f) of such Act; and
       (ii) $10,300,000 shall be authorized for the Malcolm 
     Baldrige National Quality Award program under section 17 of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3711a).
       (c) Fiscal Year 2013.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Commerce $1,039,709,000 for the National 
     Institute of Standards and Technology for fiscal year 2013.
       (2) Specific allocations.--Of the amount authorized by 
     paragraph (1)--
       (A) $676,700,000 shall be authorized for scientific and 
     technical research and services laboratory activities;
       (B) $121,300,000 shall be authorized for the construction 
     and maintenance of facilities; and
       (C) $241,709,000 shall be authorized for industrial 
     technology services activities, of which--
       (i) $165,100,000 shall be authorized for the Manufacturing 
     Extension Partnership program under sections 25 and 26 of 
     such Act (15 U.S.C. 278k and 278l), of which not more than 
     $5,000,000 shall be for the competitive grant program under 
     section 25(f) of such Act; and
       (ii) $10,609,000 shall be authorized for the Malcolm 
     Baldrige National Quality Award program under section 17 of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3711a).

     SEC. 403. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND 
                   TECHNOLOGY.

       (a) Establishment.--The National Institute of Standards and 
     Technology Act is amended by inserting after section 3 the 
     following:

[[Page 22598]]



     ``SEC. 4. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND 
                   TECHNOLOGY.

       ``(a) Establishment.--There shall be in the Department of 
     Commerce an Under Secretary of Commerce for Standards and 
     Technology (in this section referred to as the `Under 
     Secretary').
       ``(b) Appointment.--The Under Secretary shall be appointed 
     by the President by and with the advice and consent of the 
     Senate.
       ``(c) Compensation.--The Under Secretary shall be 
     compensated at the rate in effect for level III of the 
     Executive Schedule under section 5314 of title 5, United 
     States Code.
       ``(d) Duties.--The Under Secretary shall serve as the 
     Director of the Institute and shall perform such duties as 
     required of the Director by the Secretary under this Act or 
     by law.
       ``(e) Applicability.--The individual serving as the 
     Director of the Institute on the date of enactment of the 
     National Institute of Standards and Technology Authorization 
     Act of 2010 shall also serve as the Under Secretary until 
     such time as a successor is appointed under subsection 
     (b).''.
       (b) Conforming Amendments.--
       (1) Title 5, united states code.--
       (A) Level iii.--Section 5314 of title 5, United States 
     Code, is amended by inserting before the item ``Associate 
     Attorney General'' the following:
       ``Under Secretary of Commerce for Standards and Technology, 
     who also serves as Director of the National Institute of 
     Standards and Technology.''.
       (B) Level iv.--Section 5315 of title 5, United States Code, 
     is amended by striking ``Director, National Institute of 
     Standards and Technology, Department of Commerce.''.
       (2) National institute of standards and technology act.--
     Section 5 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 274) is amended by striking the 
     first, fifth, and sixth sentences.

     SEC. 404. MANUFACTURING EXTENSION PARTNERSHIP.

       (a) Community College Support.--Section 25(a) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278k(a)) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (4);
       (2) by striking ``Institute.'' in paragraph (5) and 
     inserting ``Institute; and''; and
       (3) by adding at the end the following:
       ``(6) providing to community colleges information about the 
     job skills needed in small- and medium-sized manufacturing 
     businesses in the regions they serve.''.
       (b) Innovative Services Initiative.--Section 25 of such Act 
     (15 U.S.C. 278k) is amended by adding at the end the 
     following:
       ``(g) Innovative Services Initiative.--
       ``(1) Establishment.--The Director shall establish, within 
     the Centers program under this section, an innovative 
     services initiative to assist small- and medium-sized 
     manufacturers in--
       ``(A) reducing their energy usage, greenhouse gas 
     emissions, and environmental waste to improve profitability;
       ``(B) accelerating the domestic commercialization of new 
     product technologies, including components for renewable 
     energy and energy efficiency systems; and
       ``(C) identification of and diversification to new markets, 
     including support for transitioning to the production of 
     components for renewable energy and energy efficiency 
     systems.
       ``(2) Market demand.--The Director may not undertake any 
     activity to accelerate the domestic commercialization of a 
     new product technology under this subsection unless an 
     analysis of market demand for the new product technology has 
     been conducted.''.
       (c) Reports.--Section 25 of such Act (15 U.S.C. 278k), as 
     amended by subsection (b), is further amended by adding at 
     the end the following:
       ``(h) Reports.--
       ``(1) In general.--In submitting the 3-year programmatic 
     planning document and annual updates under section 23, the 
     Director shall include an assessment of the Director's 
     governance of the program established under this section.
       ``(2) Criteria.--In conducting the assessment, the Director 
     shall use the criteria established pursuant to the Malcolm 
     Baldrige National Quality Award under section 17(d)(1)(C) of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3711a(d)(1)(C)).''.
       (d) Hollings Manufacturing Extension Partnership Program 
     Cost-Sharing.--Section 25(c) of such Act (15 U.S.C. 278k(c)) 
     is amended by adding at the end the following:
       ``(7) Not later than 90 days after the date of enactment of 
     the National Institute of Standards and Technology 
     Authorization Act of 2010, the Comptroller General shall 
     submit to Congress a report on the cost share requirements 
     under the program. The report shall--
       ``(A) discuss various cost share structures, including the 
     cost share structure in place prior to such date of 
     enactment, and the effect of such cost share structures on 
     individual Centers and the overall program; and
       ``(B) include recommendations for how best to structure the 
     cost share requirement to provide for the long-term 
     sustainability of the program.''.
       ``(8) If consistent with the recommendations in the report 
     transmitted to Congress under paragraph (7), the Secretary 
     shall alter the cost structure requirements specified under 
     paragraph (3)(B) and (5) provided that the modification does 
     not increase the cost share structure in place before the 
     date of enactment of the America COMPETES Reauthorization Act 
     of 2010, or allow the Secretary to provide a Center more than 
     50 percent of the costs incurred by that Center.''.
       (e) Advisory Board.--Section 25(e)(4) of such Act (15 
     U.S.C. 278k(e)(4)) is amended to read as follows:
       ``(4) Federal advisory committee act applicability.--
       ``(A) In general.--In discharging its duties under this 
     subsection, the MEP Advisory Board shall function solely in 
     an advisory capacity, in accordance with the Federal Advisory 
     Committee Act.
       ``(B) Exception.--Section 14 of the Federal Advisory 
     Committee Act shall not apply to the MEP Advisory Board.'.
       (f) Designation of Program.--
       (1) In general.--Section 25 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278k), as amended by 
     subsection (c), is further amended by adding at the end the 
     following:
       ``(i) Designation.--
       ``(1) Hollings manufacturing extension partnership.--The 
     program under this section shall be known as the `Hollings 
     Manufacturing Extension Partnership'.
       ``(2) Hollings manufacturing extension centers.--The 
     Regional Centers for the Transfer of Manufacturing Technology 
     created and supported under subsection (a) shall be known as 
     the `Hollings Manufacturing Extension Centers' (in this Act 
     referred to as the `Centers').''.
       (2) Conforming amendment to consolidated appropriations 
     act, 2005.--Division B of title II of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2879; 
     15 U.S.C. 278k note) is amended under the heading 
     ``industrial technology services'' by striking ``2007: 
     Provided further, That'' and all that follows through 
     ``Extension Centers.'' and inserting ``2007.''.
       (3) Technical amendments.--
       (A) Section 25(a) of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278k(a)) is amended in the 
     matter preceding paragraph (1) by striking ``Regional Centers 
     for the Transfer of Manufacturing Technology'' and inserting 
     ``regional centers for the transfer of manufacturing 
     technology''.
       (B) Section 25 of such Act (15 U.S.C. 278k), as amended by 
     subsection (f), is further amended by adding at the end the 
     following:
       ``(j) Community College Defined.--In this section, the term 
     `community college' means an institution of higher education 
     (as defined under section 101(a) of the Higher Education Act 
     of 1965 (20 U.S.C. 1001(a))) at which the highest degree that 
     is predominately awarded to students is an associate's 
     degree.''.
       (h) Evaluation of Obstacles Unique to Small 
     Manufacturers.--Section 25 of such Act (15 U.S.C. 278k), as 
     amended by subsection (g), is further amended by adding at 
     the end the following:
       ``(k) Evaluation of Obstacles Unique to Small 
     Manufacturers.--The Director shall--
       ``(1) evaluate obstacles that are unique to small 
     manufacturers that prevent such manufacturers from 
     effectively competing in the global market;
       ``(2) implement a comprehensive plan to train the Centers 
     to address such obstacles; and
       ``(3) facilitate improved communication between the Centers 
     to assist such manufacturers in implementing appropriate, 
     targeted solutions to such obstacles.''.
       (i) NIST Act Amendment.--Section 25(f)(3) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 
     278k(f)(3)) is amended by striking ``Director of the Centers 
     program,'' and inserting ``Director of the Hollings MEP 
     program,''.

     SEC. 405. EMERGENCY COMMUNICATION AND TRACKING TECHNOLOGIES 
                   RESEARCH INITIATIVE.

       (a) Establishment.--The Director shall establish a research 
     initiative to support the development of emergency 
     communication and tracking technologies for use in locating 
     trapped individuals in confined spaces, such as underground 
     mines, and other shielded environments, such as high-rise 
     buildings or collapsed structures, where conventional radio 
     communication is limited.
       (b) Activities.--In order to carry out this section, the 
     Director shall work with the private sector and appropriate 
     Federal agencies to--
       (1) perform a needs assessment to identify and evaluate the 
     measurement, technical standards, and conformity assessment 
     needs required to improve the operation and reliability of 
     such emergency communication and tracking technologies;
       (2) support the development of technical standards and 
     conformance architecture to improve the operation and 
     reliability of such emergency communication and tracking 
     technologies; and
       (3) incorporate and build upon existing reports and studies 
     on improving emergency communications.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the

[[Page 22599]]

     Director shall submit to Congress and make publicly available 
     a report describing the assessment performed under subsection 
     (b)(1) and making recommendations about research priorities 
     to address gaps in the measurement, technical standards, and 
     conformity assessment needs identified by the assessment.

     SEC. 406. BROADENING PARTICIPATION.

       (a) Research Fellowships.--Section 18 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-1) 
     is amended by adding at the end the following:
       ``(c) Underrepresented Minorities.--In evaluating 
     applications for fellowships under this section, the Director 
     shall give consideration to the goal of promoting the 
     participation of underrepresented minorities in research 
     areas supported by the Institute.''.
       (b) Postdoctoral Fellowship Program.--Section 19 of such 
     Act (15 U.S.C. 278g-2) is amended by adding at the end the 
     following: ``In evaluating applications for fellowships under 
     this section, the Director shall give consideration to the 
     goal of promoting the participation of underrepresented 
     minorities in research areas supported by the Institute.''.
       (c) Teacher Development.--Section 19A(c) of such Act (15 
     U.S.C. 278g-2a(c)) is amended by adding at the end the 
     following: ``The Director shall give special consideration to 
     an application from a teacher from a high-need school, as 
     defined in section 200 of the Higher Education Act of 1965 
     (20 U.S.C. 1021).''.

     SEC. 407. NIST FELLOWSHIPS.

       (a) Post-Doctoral Fellowship Program.--Section 19 of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-2) is amended by striking ``, in conjunction with the 
     National Academy of Sciences,''.
       (b) Research Fellowships.--Section 18(a) of that Act (15 
     USC 278g-1(a)) is amended by striking ``up to 1.5 percent of 
     the''.
       (c) Commerce, Science, and Technology Fellowship Program.--
     Section 5163(d) of the Omnibus Trade and Competition Act of 
     1988 (15 U.S.C. 1533) is repealed.

     SEC. 408. GREEN MANUFACTURING AND CONSTRUCTION.

       The Director shall carry out a green manufacturing and 
     construction initiative--
       (1) to develop accurate sustainability metrics and 
     practices for use in manufacturing;
       (2) to advance the development of standards, including high 
     performance green building standards, and the creation of an 
     information infrastructure to communicate sustainability 
     information about suppliers; and
       (3) to move buildings toward becoming high performance 
     green buildings, including improving energy performance, 
     service life, and indoor air quality of new and retrofitted 
     buildings through validated measurement data.

     SEC. 409. DEFINITIONS.

       In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the National Institute of Standards and Technology.
       (2) Federal agency.--The term ``Federal agency'' has the 
     meaning given such term in section 4 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3703).
       (3) High performance green building.--The term ``high 
     performance green building'' has the meaning given that term 
     by section 401(13) of the Energy Independence and Security 
     Act of 2009 (42 U.S.C. 17061(13)).

  TITLE V--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT 
                                PROGRAMS

                SUBTITLE A--NATIONAL SCIENCE FOUNDATION

     SEC. 501. SHORT TITLE.

       This subtitle may be cited as the ``National Science 
     Foundation Authorization Act of 2010''.

     SEC. 502. DEFINITIONS.

       In this subtitle:
       (1) Director.--The term ``Director'' means the Director of 
     the National Science Foundation.
       (2) EPSCoR.--The term ``EPSCoR'' means the Experimental 
     Program to Stimulate Competitive Research.
       (3) Foundation.--The term ``Foundation'' means the National 
     Science Foundation established under section 2 of the 
     National Science Foundation Act of 1950 (42 U.S.C. 1861).
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (5) State.--The term ``State'' means one of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, or any other 
     territory or possession of the United States.
       (6) United States.--The term ``United States'' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     territory or possession of the United States.

     SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2011.--
       (1) In general.--There are authorized to be appropriated to 
     the Foundation $7,424,400,000 for fiscal year 2011.
       (2) Specific allocations.--Of the amount authorized by 
     paragraph (1)--
       (A) $5,974,782,000 shall be made available to carry 
     research and related activities;
       (B) $937,850,000 shall be made available for education and 
     human resources;
       (C) $164,744,000 shall be made available for major research 
     equipment and facilities construction;
       (D) $327,503,000 shall be made available for agency 
     operations and award management;
       (E) $4,803,000 shall be made available for the Office of 
     the National Science Board; and
       (F) $14,718,000 shall be made available for the Office of 
     Inspector General.
       (b) Fiscal Year 2012.--
       (1) In general.--There are authorized to be appropriated to 
     the Foundation $7,800,000,000 for fiscal year 2012.
       (2) Specific allocations.--Of the amount authorized by 
     paragraph (1)--
       (A) $6,234,281,000 shall be made available to carry 
     research and related activities;
       (B) $978,959,000 shall be made available for education and 
     human resources;
       (C) $225,544,000 shall be made available for major research 
     equipment and facilities construction;
       (D) $341,676,000 shall be made available for agency 
     operations and award management;
       (E) $4,808,000 shall be made available for the Office of 
     the National Science Board; and
       (F) $14,732,000 shall be made available for the Office of 
     Inspector General.
       (c) Fiscal Year 2013.--
       (1) In general.--There are authorized to be appropriated to 
     the Foundation $8,300,000,000 for fiscal year 2013.
       (2) Specific allocations.--Of the amount authorized by 
     paragraph (1)--
       (A) $6,637,849,000 shall be made available to carry 
     research and related activities;
       (B) $1,041,762,000 shall be made available for education 
     and human resources;
       (C) $236,764,000 shall be made available for major research 
     equipment and facilities construction;
       (D) $363,670,000 shall be made available for agency 
     operations and award management;
       (E) $4,906,000 shall be made available for the Office of 
     the National Science Board; and
       (F) $15,049,000 shall be made available for the Office of 
     Inspector General.

     SEC. 504. NATIONAL SCIENCE BOARD ADMINISTRATIVE AMENDMENTS.

       (a) Staffing at the National Science Board.--Section 4(g) 
     of the National Science Foundation Act of 1950 (42 U.S.C. 
     1863(g)) is amended by striking ``not more than 5''.
       (b) National Science Board Reports.--Section 4(j)(2) of the 
     National Science Foundation Act of 1950 (42 U.S.C. 
     1863(j)(2)) is amended by inserting ``within the authority of 
     the Foundation (or otherwise as requested by the Congress or 
     the President)'' after ``individual policy matters''.
       (c) Board Adherence to Sunshine Act.--Section 15(a)(2) of 
     the National Science Foundation Authorization Act of 2002 (42 
     U.S.C. 1862n-5(a)(2)) is amended--
       (1) by striking ``The Board'' and inserting ``To ensure 
     transparency of the Board's entire decision-making process, 
     including deliberations on Board business occurring within 
     its various subdivisions, the Board''; and
       (2) by adding at the end the following: ``The preceding 
     requirement will apply to meetings of the full Board, 
     whenever a quorum is present; and to meetings of its 
     subdivisions, whenever a quorum of the subdivision is 
     present.''.

     SEC. 505. NATIONAL CENTER FOR SCIENCE AND ENGINEERING 
                   STATISTICS.

       (a) Establishment.--There is established within the 
     Foundation a National Center for Science and Engineering 
     Statistics that shall serve as a central Federal 
     clearinghouse for the collection, interpretation, analysis, 
     and dissemination of objective data on science, engineering, 
     technology, and research and development.
       (b) Duties.--In carrying out subsection (a) of this 
     section, the Director, acting through the Center shall--
       (1) collect, acquire, analyze, report, and disseminate 
     statistical data related to the science and engineering 
     enterprise in the United States and other nations that is 
     relevant and useful to practitioners, researchers, 
     policymakers, and the public, including statistical data on--
       (A) research and development trends;
       (B) the science and engineering workforce;
       (C) United States competitiveness in science, engineering, 
     technology, and research and development; and
       (D) the condition and progress of United States STEM 
     education;
       (2) support research using the data it collects, and on 
     methodologies in areas related to the work of the Center; and
       (3) support the education and training of researchers in 
     the use of large-scale, nationally representative data sets.
       (c) Statistical Reports.--The Director or the National 
     Science Board, acting through the Center, shall issue 
     regular, and as necessary, special statistical reports on 
     topics related to the national and international science and 
     engineering enterprise such as the biennial report required 
     by section 4(j)(1)

[[Page 22600]]

     of the National Science Foundation Act of 1950 (42 U.S.C. 
     1863(j)(1)) on indicators of the state of science and 
     engineering in the United States.

     SEC. 506. NATIONAL SCIENCE FOUNDATION MANUFACTURING RESEARCH 
                   AND EDUCATION.

       (a) Manufacturing Research.--The Director shall carry out a 
     program to award merit-reviewed, competitive grants to 
     institutions of higher education to support fundamental 
     research leading to transformative advances in manufacturing 
     technologies, processes, and enterprises that will support 
     United States manufacturing through improved performance, 
     productivity, sustainability, and competitiveness. Research 
     areas may include--
       (1) nanomanufacturing;
       (2) manufacturing and construction machines and equipment, 
     including robotics, automation, and other intelligent 
     systems;
       (3) manufacturing enterprise systems;
       (4) advanced sensing and control techniques;
       (5) materials processing; and
       (6) information technologies for manufacturing, including 
     predictive and real-time models and simulations, and virtual 
     manufacturing.
       (b) Manufacturing Education.--In order to help ensure a 
     well-trained manufacturing workforce, the Director shall 
     award grants to strengthen and expand scientific and 
     technical education and training in advanced manufacturing, 
     including through the Foundation's Advanced Technological 
     Education program.

     SEC. 507. NATIONAL SCIENCE BOARD REPORT ON MID-SCALE 
                   INSTRUMENTATION.

       (a) Mid-scale Research Instrumentation Needs.--The National 
     Science Board shall evaluate the needs, across all 
     disciplines supported by the Foundation, for mid-scale 
     research instrumentation that falls between the instruments 
     funded by the Major Research Instrumentation program and the 
     very large projects funded by the Major Research Equipment 
     and Facilities Construction program.
       (b) Report on Mid-scale Research Instrumentation Program.--
     Not later than 1 year after the date of enactment of this 
     Act, the National Science Board shall submit to Congress a 
     report on mid-scale research instrumentation at the 
     Foundation. At a minimum, this report shall include--
       (1) the findings from the Board's evaluation of 
     instrumentation needs required under subsection (a), 
     including a description of differences across disciplines and 
     Foundation research directorates;
       (2) a recommendation or recommendations regarding how the 
     Foundation should set priorities for mid-scale 
     instrumentation across disciplines and Foundation research 
     directorates;
       (3) a recommendation or recommendations regarding the 
     appropriateness of expanding existing programs, including the 
     Major Research Instrumentation program or the Major Research 
     Equipment and Facilities Construction program, to support 
     more instrumentation at the mid-scale;
       (4) a recommendation or recommendations regarding the need 
     for and appropriateness of a new, Foundation-wide program or 
     initiative in support of mid-scale instrumentation, including 
     any recommendations regarding the administration of and 
     budget for such a program or initiative and the appropriate 
     scope of instruments to be funded under such a program or 
     initiative; and
       (5) any recommendation or recommendations regarding other 
     options for supporting mid-scale research instrumentation at 
     the Foundation.

     SEC. 508. PARTNERSHIPS FOR INNOVATION.

       (a) In General.--The Director shall carry out a program to 
     award merit-reviewed, competitive grants to institutions of 
     higher education to establish and to expand partnerships that 
     promote innovation and increase the impact of research by 
     developing tools and resources to connect new scientific 
     discoveries to practical uses.
       (b) Partnerships.--
       (1) In general.--To be eligible for funding under this 
     section, an institution of higher education must propose 
     establishment of a partnership that--
       (A) includes at least one private sector entity; and
       (B) may include other institutions of higher education, 
     public sector institutions, private sector entities, and 
     nonprofit organizations.
       (2) Priority.--In selecting grant recipients under this 
     section, the Director shall give priority to partnerships 
     that include one or more institutions of higher education and 
     at least one of the following:
       (A) A minority serving institution.
       (B) A primarily undergraduate institution.
       (C) A 2-year institution of higher education.
       (c) Program.--Proposals funded under this section shall 
     seek--
       (1) to increase the impact of the most promising research 
     at the institution or institutions of higher education that 
     are members of the partnership through knowledge transfer or 
     commercialization;
       (2) to increase the engagement of faculty and students 
     across multiple disciplines and departments, including 
     faculty and students in schools of business and other 
     appropriate non-STEM fields and disciplines in knowledge 
     transfer activities;
       (3) to enhance education and mentoring of students and 
     faculty in innovation and entrepreneurship through networks, 
     courses, and development of best practices and curricula;
       (4) to strengthen the culture of the institution or 
     institutions of higher education to undertake and participate 
     in activities related to innovation and leading to economic 
     or social impact;
       (5) to broaden the participation of all types of 
     institutions of higher education in activities to meet STEM 
     workforce needs and promote innovation and knowledge 
     transfer; and
       (6) to build lasting partnerships with local and regional 
     businesses, local and State governments, and other relevant 
     entities.
       (d) Additional Criteria.--In selecting grant recipients 
     under this section, the Director shall also consider the 
     extent to which the applicants are able to demonstrate 
     evidence of institutional support for, and commitment to--
       (1) achieving the goals of the program as described in 
     subsection (c);
       (2) expansion to an institution-wide program if the initial 
     proposal is not for an institution-wide program; and
       (3) sustaining any new innovation tools and resources 
     generated from funding under this program.
       (e) Limitation.--No funds provided under this section may 
     be used to construct or renovate a building or structure.

     SEC. 509. SUSTAINABLE CHEMISTRY BASIC RESEARCH.

       The Director shall establish a Green Chemistry Basic 
     Research program to award competitive, merit-based grants to 
     support research into green and sustainable chemistry which 
     will lead to clean, safe, and economical alternatives to 
     traditional chemical products and practices. The research 
     program shall provide sustained support for green chemistry 
     research, education, and technology transfer through--
       (1) merit-reviewed competitive grants to individual 
     investigators and teams of investigators, including, to the 
     extent practicable, young investigators, for research;
       (2) grants to fund collaborative research partnerships 
     among universities, industry, and nonprofit organizations;
       (3) symposia, forums, and conferences to increase outreach, 
     collaboration, and dissemination of green chemistry advances 
     and practices; and
       (4) education, training, and retraining of undergraduate 
     and graduate students and professional chemists and chemical 
     engineers, including through partnerships with industry, in 
     green chemistry science and engineering.

     SEC. 510. GRADUATE STUDENT SUPPORT.

       (a) Finding.--The Congress finds that--
       (1) the Integrative Graduate Education and Research 
     Traineeship program is an important program for training the 
     next generation of scientists and engineers in team-based 
     interdisciplinary research and problem solving, and for 
     providing them with the many additional skills, such as 
     communication skills, needed to thrive in diverse STEM 
     careers; and
       (2) the Integrative Graduate Education and Research 
     Traineeship program is no less valuable to the preparation 
     and support of graduate students than the Foundation's 
     Graduate Research Fellowship program.
       (b) Equal Treatment of IGERT and GRF.--Beginning in fiscal 
     year 2011, the Director shall increase or, if necessary, 
     decrease funding for the Foundation's Integrative Graduate 
     Education and Research Traineeship program (or any program by 
     which it is replaced) at least at the same rate as it 
     increases or decreases funding for the Graduate Research 
     Fellowship program.
       (c) Support for Graduate Student Research From the Research 
     Account.--For each of the fiscal years 2011 through 2013, at 
     least 50 percent of the total Foundation funds allocated to 
     the Integrative Graduate Education and Research Traineeship 
     program and the Graduate Research Fellowship program shall 
     come from funds appropriated for Research and Related 
     Activities.
       (d) Cost of Education Allowance for GRF Program.--Section 
     10 of the National Science Foundation Act of 1950 (42 U.S.C. 
     1869) is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Foundation is authorized''; and
       (2) by adding at the end the following:
       ``(b) Amount.--The Director shall establish for each year 
     the amount to be awarded for scholarships and fellowships 
     under this section for that year. Each such scholarship and 
     fellowship shall include a cost of education allowance of 
     $12,000, subject to any restrictions on the use of cost of 
     education allowance as determined by the Director.''.

     SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

       (a) Matching Requirement.--Section 10A(h)(1) of the 
     National Science Foundation Authorization Act of 2002 (42 
     U.S.C. 1862n-1a(h)(1)) is amended to read as follows:
       ``(1) In general.--An eligible entity receiving a grant 
     under this section shall provide, from non-Federal sources, 
     to carry out the activities supported by the grant--
       ``(A) in the case of grants in an amount of less than 
     $1,500,000, an amount equal to at

[[Page 22601]]

     least 30 percent of the amount of the grant, at least one 
     half of which shall be in cash; and
       ``(B) in the case of grants in an amount of $1,500,000 or 
     more, an amount equal to at least 50 percent of the amount of 
     the grant, at least one half of which shall be in cash.''.
       (b) Retiring STEM Professionals.--Section 10A(a)(2)(A) of 
     the National Science Foundation Authorization Act of 2002 (42 
     U.S.C. 1862n-1a(a)(2)(A)) is amended by inserting ``including 
     retiring professionals in those fields,'' after ``mathematics 
     professionals,''.

     SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION PROGRAM.

       The Foundation shall continue to support the Historically 
     Black Colleges and Universities Undergraduate Program, the 
     Louis Stokes Alliances for Minority Participation program, 
     the Tribal Colleges and Universities Program, and Hispanic-
     serving institutions as separate programs.

     SEC. 513. RESEARCH EXPERIENCES FOR HIGH SCHOOL STUDENTS.

       The Director shall permit specialized STEM high schools 
     conducting research to participate in major data collection 
     initiatives from universities, corporations, or government 
     labs under a research grant from the Foundation, as part of 
     the research proposal.

     SEC. 514. RESEARCH EXPERIENCES FOR UNDERGRADUATES.

       (a) Research Sites.--The Director shall award grants, on a 
     merit-reviewed, competitive basis, to institutions of higher 
     education, nonprofit organizations, or consortia of such 
     institutions and organizations, for sites designated by the 
     Director to provide research experiences for 6 or more 
     undergraduate STEM students for sites designated at primarily 
     undergraduate institutions of higher education and 10 or more 
     undergraduate STEM students for all other sites, with 
     consideration given to the goal of promoting the 
     participation of individuals identified in section 33 or 34 
     of the Science and Engineering Equal Opportunities Act (42 
     U.S.C. 1885a or 1885b). The Director shall ensure that--
       (1) at least half of the students participating in a 
     program funded by a grant under this subsection at each site 
     shall be recruited from institutions of higher education 
     where research opportunities in STEM are limited, including 
     2-year institutions;
       (2) the awards provide undergraduate research experiences 
     in a wide range of STEM disciplines;
       (3) the awards support a variety of projects, including 
     independent investigator-led projects, interdisciplinary 
     projects, and multi-institutional projects (including virtual 
     projects);
       (4) students participating in each program funded have 
     mentors, including during the academic year to the extent 
     practicable, to help connect the students' research 
     experiences to the overall academic course of study and to 
     help students achieve success in courses of study leading to 
     a baccalaureate degree in a STEM field;
       (5) mentors and students are supported with appropriate 
     salary or stipends; and
       (6) student participants are tracked, for employment and 
     continued matriculation in STEM fields, through receipt of 
     the undergraduate degree and for at least 3 years thereafter.
       (b) Inclusion of Undergraduates in Standard Research 
     Grants.--The Director shall require that every recipient of a 
     research grant from the Foundation proposing to include 1 or 
     more students enrolled in certificate, associate, or 
     baccalaureate degree programs in carrying out the research 
     under the grant shall request support, including stipend 
     support, for such undergraduate students as part of the 
     research proposal itself rather than as a supplement to the 
     research proposal, unless such undergraduate participation 
     was not foreseeable at the time of the original proposal.

     SEC. 515. STEM INDUSTRY INTERNSHIP PROGRAMS.

       (a) In General.--The Director may award grants, on a 
     competitive, merit-reviewed basis, to institutions of higher 
     education, or consortia thereof, to establish or expand 
     partnerships with local or regional private sector entities, 
     for the purpose of providing undergraduate students with 
     integrated internship experiences that connect private sector 
     internship experiences with the students' STEM coursework. 
     The partnerships may also include industry or professional 
     associations.
       (b) Internship Program.-- The grants awarded under section 
     (a) may include internship programs in the manufacturing 
     sector.
       (c) Use of Grant Funds.--Grants under this section may be 
     used--
       (1) to develop and implement hands-on learning 
     opportunities;
       (2) to develop curricula and instructional materials 
     related to industry, including the manufacturing sector;
       (3) to perform outreach to secondary schools;
       (4) to develop mentorship programs for students with 
     partner organizations; and
       (5) to conduct activities to support awareness of career 
     opportunities and skill requirements.
       (d) Priority.--In awarding grants under this section, the 
     Director shall give priority to institutions of higher 
     education or consortia thereof that demonstrate significant 
     outreach to and coordination with local or regional private 
     sector entities and Regional Centers for the Transfer of 
     Manufacturing Technology established by section 25(a) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278k(a)) in developing academic courses designed to provide 
     students with the skills or certifications necessary for 
     employment in local or regional companies.
       (c) Outreach to Rural Communities.--The Foundation shall 
     conduct outreach to institutions of higher education and 
     private sector entities in rural areas to encourage those 
     entities to participate in partnerships under this section.
       (d) Cost-share.--The Director shall require a 50 percent 
     non-Federal cost-share from partnerships established or 
     expanded under this section.
       (e) Restriction.--No Federal funds provided under this 
     section may be used--
       (1) for the purpose of providing stipends or compensation 
     to students for private sector internships unless private 
     sector entities match 75 percent of such funding; or
       (2) as payment or reimbursement to private sector entities, 
     except for institutions of higher education.
       (f) Report.--Not less than 3 years after the date of 
     enactment of this Act, the Director shall submit a report to 
     Congress on the number and total value of awards made under 
     this section, the number of students affected by those 
     awards, any evidence of the effect of those awards on 
     workforce preparation and jobs placement for participating 
     students, and an economic and ethnic breakdown of the 
     participating students.

     SEC. 516. CYBER-ENABLED LEARNING FOR NATIONAL CHALLENGES.

       The Director shall, in consultation with appropriate 
     Federal agencies, identify ways to use cyber-enabled learning 
     to create an innovative STEM workforce and to help retrain 
     and retain our existing STEM workforce to address national 
     challenges, including national security and competitiveness, 
     and use technology to enhance or supplement laboratory based 
     learning.

     SEC. 517. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
                   RESEARCH.

       (a) Findings.--The Congress finds that--
       (1) The National Science Foundation Act of 1950 stated, 
     ``it shall be an objective of the Foundation to strengthen 
     research and education in the sciences and engineering, 
     including independent research by individuals, throughout the 
     United States, and to avoid undue concentration of such 
     research and education,'';
       (2) National Science Foundation funding remains highly 
     concentrated, with 27 States and 2 jurisdictions, taken 
     together, receiving only about 10 percent of all NSF research 
     funding; each of these States received only a fraction of one 
     percent of Foundation's research dollars each year;
       (3) the Nation requires the talent, expertise, and research 
     capabilities of all States in order to prepare sufficient 
     numbers of scientists and engineers, remain globally 
     competitive and support economic development.
       (b) Continuation of Program.--The Director shall continue 
     to carry out EPSCoR, with the objective of helping the 
     eligible States to develop the research infrastructure that 
     will make them more competitive for Foundation and other 
     Federal research funding. The program shall continue to 
     increase as the National Science Foundation funding 
     increases.
       (c) Congressional Reports.--The Director shall report to 
     the appropriate committees of Congress on an annual basis, 
     using the most recent available data--
       (1) the total amount made available, by State, under 
     EPSCoR;
       (2) the amount of co-funding made available to EPSCoR 
     States;
       (3) the total amount of National Science Foundation funding 
     made available to all institutions and entities within EPSCoR 
     States; and
       (4) efforts and accomplishments to more fully integrate the 
     29 EPSCoR jurisdictions in major activities and initiatives 
     of the Foundation.
       (d) Coordination of EPSCoR and Similar Federal Programs.--
       (1) Another finding.--The Congress finds that a number of 
     Federal agencies have programs, such as Experimental Programs 
     to Stimulate Competitive Research and the National Institutes 
     of Health Institutional Development Award program, designed 
     to increase the capacity for and quality of science and 
     technology research and training at academic institutions in 
     States that historically have received relatively little 
     Federal research and development funding.
       (2) Coordination required.--The EPSCoR Interagency 
     Coordinating Committee, chaired by the National Science 
     Foundation, shall--
       (A) coordinate EPSCoR and Federal EPSCoR-like programs to 
     maximize the impact of Federal support for building 
     competitive research infrastructure, and in order to achieve 
     an integrated Federal effort;
       (B) coordinate agency objectives with State and 
     institutional goals, to obtain continued non-Federal support 
     of science and technology research and training;

[[Page 22602]]

       (C) develop metrics to assess gains in academic research 
     quality and competitiveness, and in science and technology 
     human resource development;
       (D) conduct a cross-agency evaluation of EPSCoR and other 
     Federal EPSCoR-like programs and accomplishments, including 
     management, investment, and metric-measuring strategies 
     implemented by the different agencies aimed to increase the 
     number of new investigators receiving peer-reviewed funding, 
     broaden participation, and empower knowledge generation, 
     dissemination, application, and national research and 
     development competitiveness;
       (E) coordinate the development and implementation of new, 
     novel workshops, outreach activities, and follow-up mentoring 
     activities among EPSCoR or EPSCoR-like programs for colleges 
     and universities in EPSCoR States and territories in order to 
     increase the number of proposals submitted and successfully 
     funded and to enhance statewide coordination of EPSCoR and 
     Federal EPSCoR-like programs;
       (F) coordinate the development of new, innovative 
     solicitations and programs to facilitate collaborations, 
     partnerships, and mentoring activities among faculty at all 
     levels in non-EPSCoR and EPSCoR States and jurisdictions;
       (G) conduct an evaluation of the roles, responsibilities 
     and degree of autonomy that program officers or managers (or 
     the equivalent position) have in executing EPSCoR programs at 
     the different Federal agencies and the impacts these 
     differences have on the number of EPSCoR State and 
     jurisdiction faculty participating in the peer review process 
     and the percentage of successful awards by individual EPSCoR 
     State jurisdiction and individual researcher; and
       (H) conduct a survey of colleges and university faculty at 
     all levels regarding their knowledge and understanding of 
     EPSCoR, and their level of interaction with and knowledge 
     about their respective State or Jurisdictional EPSCoR 
     Committee.
       (3) Meetings and reports.--The Committee shall meet at 
     least twice each fiscal year and shall submit an annual 
     report to the appropriate committees of Congress describing 
     progress made in carrying out paragraph (2).
       (e) Federal Agency Reports.--Each Federal agency that 
     administers an EPSCoR or Federal EPSCoR-like program shall 
     submit to the OSTP as part of its Federal budget submission--
       (1) a description of the program strategy and objectives;
       (2) a description of the awards made in the previous year, 
     including--
       (A) the percentage of reviewers and number of new reviewers 
     from EPSCoR States;
       (B) the percentage of new investigators from EPSCoR States;
       (C) the number of programs or large collaborator awards 
     involving a partnership of organizations and institutions 
     from EPSCoR and non-EPSCoR States; and
       (3) an analysis of the gains in academic research quality 
     and competitiveness, and in science and technology human 
     resource development, achieved by the program in the last 
     year.
       (f) National Academy of Sciences Study.--
       (1) In general.--The Director shall contract with the 
     National Academy of Sciences to conduct a study on all 
     Federal agencies that administer an Experimental Program to 
     Stimulate Competitive Research or a program similar to the 
     Experimental Program to Stimulate Competitive Research.
       (2) Matters to be addressed.--The study conducted under 
     paragraph (1) shall include the following:
       (A) A delineation of the policies of each Federal agency 
     with respect to the awarding of grants to EPSCoR States.
       (B) The effectiveness of each program.
       (C) Recommendations for improvements for each agency to 
     achieve EPSCoR goals.
       (D) An assessment of the effectiveness of EPSCoR States in 
     using awards to develop science and engineering research and 
     education, and science and engineering infrastructure within 
     their States.
       (E) Such other issues that address the effectiveness of 
     EPSCoR as the National Academy of Sciences considers 
     appropriate.

     SEC. 518. SENSE OF THE CONGRESS REGARDING THE SCIENCE, 
                   TECHNOLOGY, ENGINEERING, AND MATHEMATICS TALENT 
                   EXPANSION PROGRAM.

       It is the sense of the Congress that--
       (1) the Science, Technology, Engineering, and Mathematics 
     Talent Expansion Program established by the National Science 
     Foundation Authorization Act of 2002 continues to be an 
     effective program to increase the number of students, who are 
     citizens or permanent residents of the United States, 
     receiving associate or baccalaureate degrees in established 
     or emerging fields within science, technology, engineering, 
     and mathematics, and its authorization continues;
       (2) the strategies employed continue to strengthen 
     mentoring and tutoring between faculty and students and 
     provide students with information and exposure to potential 
     career pathways in science, technology, engineering, and 
     mathematics areas;
       (3) this highly competitive program awarded 145 Program 
     implementation awards and 12 research projects in the first 6 
     years of operations; and
       (4) the Science, Technology, Engineering, and Mathematics 
     Talent Expansion Program should continue to be supported by 
     the National Science Foundation.

     SEC. 519. SENSE OF THE CONGRESS REGARDING THE NATIONAL 
                   SCIENCE FOUNDATION'S CONTRIBUTIONS TO BASIC 
                   RESEARCH AND EDUCATION.

       (a) Findings.--The Congress finds that--
       (1) the National Science Foundation is an independent 
     Federal agency created by Congress in 1950 to, among other 
     things, promote the progress of science, to advance the 
     national health, prosperity, and welfare, and to secure the 
     national defense;
       (2) the Foundation is the funding source for approximately 
     20 percent of all federally supported basic research 
     conducted by America's colleges and universities, and is the 
     major source of Federal backing for mathematics, computer 
     science and other sciences;
       (3) the America COMPETES Act of 2007 helped rejuvenate our 
     focus on increasing basic research investment in the physical 
     sciences, strengthening educational opportunities in the 
     science, technology, engineering, and mathematics fields and 
     developing a robust innovation infrastructure; and
       (4) reauthorization of the America COMPETES Act should 
     continue a robust investment in basic research and education 
     and preserve the essence of the original Act by increasing 
     the investment focus on science, technology, engineering, and 
     mathematics basic research and education as a national 
     priority.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) the National Science Foundation is the finest 
     scientific foundation in the world, and is a vital agency 
     that must support basic research needed to advance the United 
     States into the 21st century;
       (2) the National Science Foundation should focus Federal 
     research and development resources primarily in the areas of 
     science, technology, engineering, and mathematics basic 
     research and education; and
       (3) the National Science Foundation should strive to ensure 
     that federally-supported research is of the finest quality, 
     is ground breaking, and answers questions or solves problems 
     that are of utmost importance to society at large.

     SEC. 520. ACADEMIC TECHNOLOGY TRANSFER AND COMMERCIALIZATION 
                   OF UNIVERSITY RESEARCH.

       (a) In General.--Any institution of higher education (as 
     such term is defined in section 101(A) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a))) that receives 
     National Science Foundation research support and has received 
     at least $25,000,000 in total Federal research grants in the 
     most recent fiscal year shall keep, maintain, and report 
     annually to the National Science Foundation the universal 
     record locator for a public website that contains information 
     concerning its general approach to and mechanisms for 
     transfer of technology and the commercialization of research 
     results, including--
       (1) contact information for individuals and university 
     offices responsible for technology transfer and 
     commercialization;
       (2) information for both university researchers and 
     industry on the institution's technology licensing and 
     commercialization strategies;
       (3) success stories, statistics, and examples of how the 
     university supports commercialization of research results;
       (4) technologies available for licensing by the university 
     where appropriate; and
       (5) any other information deemed by the institution to be 
     helpful to companies with the potential to commercialize 
     university inventions.
       (b) NSF Website.--The National Science Foundation shall 
     create and maintain a website accessible to the public that 
     links to each website mentioned under (a).
       (c) Trade Secret Information.--Notwithstanding subsection 
     (a), an institution shall not be required to reveal 
     confidential, trade secret, or proprietary information on its 
     website.

     SEC. 521. STUDY TO DEVELOP IMPROVED IMPACT-ON-SOCIETY 
                   METRICS.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall contract with the National Academy of 
     Sciences to initiate a study to evaluate, develop, or improve 
     metrics for measuring the potential impact-on-society, 
     including--
       (1) the potential for commercial applications of research 
     studies funded in whole or in part by grants of financial 
     assistance from the Foundation or other Federal agencies;
       (2) the manner in which research conducted at, and 
     individuals graduating from, an institution of higher 
     education contribute to the development of new intellectual 
     property and the success of commercial activities;
       (3) the quality of relevant scientific and international 
     publications; and
       (4) the ability of such institutions to attract external 
     research funding.
       (b) Report.--Within 1 year after initiating the study 
     required by subsection (a), the Director shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science and Technology

[[Page 22603]]

     setting forth the Director's findings, conclusions, and 
     recommendations.

     SEC. 522. NSF GRANTS IN SUPPORT OF SPONSORED POST-DOCTORAL 
                   FELLOWSHIP PROGRAMS.

       The Director of the National Science Foundation may utilize 
     funds appropriated to carry out grants to institutions of 
     higher education (as such term is defined in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to 
     provide financial support for post-graduate research in 
     fields with potential commercial applications to match, in 
     whole or in part, any private sector grant of financial 
     assistance to any post-doctoral program in such a field of 
     study.

     SEC. 523. COLLABORATION IN PLANNING FOR STEWARDSHIP OF LARGE-
                   SCALE FACILITIES.

       It is the sense of Congress that--
       (1) the Foundation should, in its planning for construction 
     and stewardship of large facilities, coordinate and 
     collaborate with other Federal agencies, including the 
     Department of Energy's Office of Science, to ensure that 
     joint investments may be made when practicable;
       (2) in particular, the Foundation should ensure that it 
     responds to recommendations by the National Academy of 
     Sciences and working groups convened by the National Science 
     and Technology Council regarding such facilities and 
     opportunities for partnership with other agencies in the 
     design and construction of such facilities; and
       (3) for facilities in which research in multiple 
     disciplines will be possible, the Director should include 
     multiple units within the Foundation during the planning 
     process.

     SEC. 524. CLOUD COMPUTING RESEARCH ENHANCEMENT.

       (a) Research Focus Area.--The Director may support a 
     national research agenda in key areas affected by the 
     increased use of public and private cloud computing, 
     including--
       (1) new approaches, techniques, technologies, and tools 
     for--
       (A) optimizing the effectiveness and efficiency of cloud 
     computing environments; and
       (B) mitigating security, identity, privacy, reliability, 
     and manageability risks in cloud-based environments, 
     including as they differ from traditional data centers;
       (2) new algorithms and technologies to define, assess, and 
     establish large-scale, trustworthy, cloud-based 
     infrastructures;
       (3) models and advanced technologies to measure, assess, 
     report, and understand the performance, reliability, energy 
     consumption, and other characteristics of complex cloud 
     environments; and
       (4) advanced security technologies to protect sensitive or 
     proprietary information in global-scale cloud environments.
       (b) Establishment.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Director shall initiate a review 
     and assessment of cloud computing research opportunities and 
     challenges, including research areas listed in subsection 
     (a), as well as related issues such as--
       (A) the management and assurance of data that are the 
     subject of Federal laws and regulations in cloud computing 
     environments, which laws and regulations exist on the date of 
     enactment of this Act;
       (B) misappropriation of cloud services, piracy through 
     cloud technologies, and other threats to the integrity of 
     cloud services;
       (C) areas of advanced technology needed to enable trusted 
     communications, processing, and storage; and
       (D) other areas of focus determined appropriate by the 
     Director.
       (2) Unsolicited proposals.--The Director may accept 
     unsolicited proposals that review and assess the issues 
     described in paragraph (1). The proposals may be judged 
     according to existing criteria of the National Science 
     Foundation.
       (c) Report.--The Director shall provide an annual report 
     for not less than 5 consecutive years to Congress on the 
     outcomes of National Science Foundation investments in cloud 
     computing research, recommendations for research focus and 
     program improvements, or other related recommendations. The 
     reports, including any interim findings or recommendations, 
     shall be made publicly available on the website of the 
     National Science Foundation.
       (d) NIST Support.--The Director of the National Institute 
     of Standards and Technology shall--
       (1) collaborate with industry in the development of 
     standards supporting trusted cloud computing infrastructures, 
     metrics, interoperability, and assurance; and
       (2) support standards development with the intent of 
     supporting common goals.

     SEC. 525. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM.

       (a) In General.--The Director shall continue to support a 
     program to award grants on a competitive, merit-reviewed 
     basis to tribal colleges and universities (as defined in 
     section 316 of the Higher Education Act of 1965 (20 U.S.C. 
     1059c), including institutions described in section 317 of 
     such Act (20 U.S.C. 1059d), to enhance the quality of 
     undergraduate STEM education at such institutions and to 
     increase the retention and graduation rates of Native 
     American students pursuing associate's or baccalaureate 
     degrees in STEM.
       (b) Program Components.--Grants awarded under this section 
     shall support--
       (1) activities to improve courses and curriculum in STEM;
       (2) faculty development;
       (3) stipends for undergraduate students participating in 
     research; and
       (4) other activities consistent with subsection (a), as 
     determined by the Director.
       (c) Instrumentation.--Funding provided under this section 
     may be used for laboratory equipment and materials.

     SEC. 526. BROADER IMPACTS REVIEW CRITERION.

       (a) Goals.--The Foundation shall apply a Broader Impacts 
     Review Criterion to achieve the following goals:
       (1) Increased economic competitiveness of the United 
     States.
       (2) Development of a globally competitive STEM workforce.
       (3) Increased participation of women and underrepresented 
     minorities in STEM.
       (4) Increased partnerships between academia and industry.
       (5) Improved pre-K-12 STEM education and teacher 
     development.
       (6) Improved undergraduate STEM education.
       (7) Increased public scientific literacy.
       (8) Increased national security.
       (b) Policy.--Not later than 6 months after the date of 
     enactment of this Act, the Director shall develop and 
     implement a policy for the Broader Impacts Review Criterion 
     that--
       (1) provides for educating professional staff at the 
     Foundation, merit review panels, and applicants for 
     Foundation research grants on the policy developed under this 
     subsection;
       (2) clarifies that the activities of grant recipients 
     undertaken to satisfy the Broader Impacts Review Criterion 
     shall--
       (A) to the extent practicable employ proven strategies and 
     models and draw on existing programs and activities; and
       (B) when novel approaches are justified, build on the most 
     current research results;
       (3) allows for some portion of funds allocated to broader 
     impacts under a research grant to be used for assessment and 
     evaluation of the broader impacts activity;
       (4) encourages institutions of higher education and other 
     nonprofit education or research organizations to develop and 
     provide, either as individual institutions or in partnerships 
     thereof, appropriate training and programs to assist 
     Foundation-funded principal investigators at their 
     institutions in achieving the goals of the Broader Impacts 
     Review Criterion as described in subsection (a); and
       (5) requires principal investigators applying for 
     Foundation research grants to provide evidence of 
     institutional support for the portion of the investigator's 
     proposal designed to satisfy the Broader Impacts Review 
     Criterion, including evidence of relevant training, programs, 
     and other institutional resources available to the 
     investigator from either their home institution or 
     organization or another institution or organization with 
     relevant expertise.

     SEC. 527. TWENTY-FIRST CENTURY GRADUATE EDUCATION.

       (a) In General.--The Director shall award grants, on a 
     competitive, merit-reviewed basis, to institutions of higher 
     education to implement or expand research-based reforms in 
     master's and doctoral level STEM education that emphasize 
     preparation for diverse careers utilizing STEM degrees, 
     including at diverse types of institutions of higher 
     education, in industry, and at government agencies and 
     research laboratories.
       (b) Uses of Funds.--Activities supported by grants under 
     this section may include--
       (1) creation of multidisciplinary or interdisciplinary 
     courses or programs for the purpose of improved student 
     instruction and research in STEM;
       (2) expansion of graduate STEM research opportunities to 
     include interdisciplinary research opportunities and research 
     opportunities in industry, at Federal laboratories, and at 
     international research institutions or research sites;
       (3) development and implementation of future faculty 
     training programs focused on improved instruction, mentoring, 
     assessment of student learning, and support of undergraduate 
     STEM students;
       (4) support and training for graduate students to 
     participate in instructional activities beyond the 
     traditional teaching assistantship, and especially as part of 
     ongoing educational reform efforts, including at pre-K-12 
     schools, and primarily undergraduate institutions;
       (5) creation, improvement, or expansion of innovative 
     graduate programs such as science master's degree programs;
       (6) development and implementation of seminars, workshops, 
     and other professional development activities that increase 
     the ability of graduate students to engage in innovation, 
     technology transfer, and entrepreneurship;
       (7) development and implementation of seminars, workshops, 
     and other professional development activities that increase 
     the ability of graduate students to effectively communicate 
     their research findings to technical audiences outside of 
     their own discipline and to nontechnical audiences;
       (8) expansion of successful STEM reform efforts beyond a 
     single academic unit to

[[Page 22604]]

     other STEM academic units within an institution or to 
     comparable academic units at other institutions; and
       (9) research on teaching and learning of STEM at the 
     graduate level related to the proposed reform effort, 
     including assessment and evaluation of the proposed reform 
     activities and research on scalability and sustainability of 
     approaches to reform.
       (c) Partnership.--An institution of higher education may 
     partner with one or more other nonprofit education or 
     research organizations, including scientific and engineering 
     societies, for the purposes of carrying out the activities 
     authorized under this section.
       (d) Selection Process.--
       (1) Applications.--An institution of higher education 
     seeking a grant under this section shall submit an 
     application to the Director at such time, in such manner, and 
     containing such information as the Director may require. The 
     application shall include, at a minimum--
       (A) a description of the proposed reform effort;
       (B) in the case of applications that propose an expansion 
     of a previously implemented reform effort at the applicant's 
     institution or at other institutions, a description of the 
     previously implemented reform effort;
       (C) evidence of institutional support for, and commitment 
     to, the proposed reform effort, including long-term 
     commitment to implement successful strategies from the 
     current reform effort beyond the academic unit or units 
     included in the grant proposal or to disseminate successful 
     strategies to other institutions; and
       (D) a description of the plans for assessment and 
     evaluation of the grant proposed reform activities.
       (2) Review of applications.--In selecting grant recipients 
     under this section, the Director shall consider at a 
     minimum--
       (A) the likelihood of success in undertaking the proposed 
     effort at the institution submitting the application, 
     including the extent to which the faculty, staff, and 
     administrators of the institution are committed to making the 
     proposed institutional reform a priority of the participating 
     academic unit or units;
       (B) the degree to which the proposed reform will contribute 
     to change in institutional culture and policy such that a 
     greater value is placed on preparing graduate students for 
     diverse careers utilizing STEM degrees;
       (C) the likelihood that the institution will sustain or 
     expand the reform beyond the period of the grant; and
       (D) the degree to which scholarly assessment and evaluation 
     plans are included in the design of the reform effort.

                SUBTITLE B--STEM-TRAINING GRANT PROGRAM

     SEC. 551. PURPOSE.

       The purpose of this subtitle is to replicate and implement 
     programs at institutions of higher education that provide 
     integrated courses of study in science, technology, 
     engineering, or mathematics, and teacher education, that lead 
     to a baccalaureate degree in science, technology, 
     engineering, or mathematics with concurrent teacher 
     certification.

     SEC. 552. PROGRAM REQUIREMENTS.

       The Director shall replicate and implement undergraduate 
     degree programs under this subtitle that--
       (1) are designed to recruit and prepare students who pursue 
     a baccalaureate degree in science, technology, engineering, 
     or mathematics to become certified as elementary and 
     secondary teachers;
       (2) require the education department (or its equivalent) 
     and the departments or division responsible for preparation 
     of science, technology, engineering, and mathematics majors 
     at an institution of higher education to collaborate in 
     establishing and implementing the program at that 
     institution;
       (3) require students participating in the program to enter 
     the program through a field-based course and to continue to 
     complete field-based courses supervised by master teachers 
     throughout the program;
       (4) hire sufficient teachers so that the ratio of students 
     to master teachers in the program does not exceed 100 to 1;
       (5) include instruction in the use of scientifically-based 
     instructional materials and methods, assessments, pedagogical 
     content knowledge (including the interaction between 
     mathematics and science), the use of instructional 
     technology, and how to incorporate State and local standards 
     into the classroom curriculum;
       (6) restrict to students participating in the program those 
     courses that are specifically designed for the needs of 
     teachers of science, technology, engineering, and 
     mathematics; and
       (7) require students participating in the program to 
     successfully complete a final evaluation of their teaching 
     proficiency, based on their classroom teaching performance, 
     conducted by multiple trained observers, and a portfolio of 
     their accomplishments.

     SEC. 553. GRANT PROGRAM.

       (a) In General.--The Director shall establish a grant 
     program to support programs at institutions of higher 
     education to carry out the purpose of this subtitle.
       (b) Geographical Considerations.--In the administration of 
     this subtitle, the Director shall take such steps as may be 
     necessary to ensure that grants are equitably distributed 
     across all regions of the United States, taking into account 
     population density and other geographic and demographic 
     considerations.
       (c) Amount of Grant.--Subject to the requirements of 
     subsection (d), the Director may award grants annually on a 
     competitive basis to institutions of higher education in the 
     amount of $2,000,000, per institution of which--
       (1) $1,500,000 shall be used--
       (A) to design, implement, and evaluate a program that meets 
     the requirements of section 552;
       (B) to employ master teachers at the institution to oversee 
     field experiences;
       (C) to provide a stipend to mentor teachers participating 
     in the program; and
       (D) to support curriculum development and implementation 
     strategies for science, technology, engineering, and 
     mathematics content courses taught through the program; and
       (2) up to $500,000 shall be set aside by the grantee for 
     technical support and evaluation services from the 
     institution whose programs will be replicated.
       (d) Eligibility.--To be eligible to apply for a grant under 
     this section, an institution of higher education shall--
       (1) include former secondary school science, technology, 
     engineering, or mathematics master teachers as faculty in its 
     science department for this program;
       (2) grant terminal degrees in science, technology, 
     engineering, and mathematics; and
       (3) have a process to be used in establishing partnerships 
     with local educational agencies for placement of 
     participating students in their field experiences, including 
     a process for identifying mentor teachers working in local 
     schools to supervise classroom field experiences in 
     cooperation with university-based master teachers;
       (4) maintain policies allowing flexible entry to the 
     program throughout the undergraduate coursework;
       (5) require that master teachers employed by the 
     institution will supervise field experiences of students in 
     the program;
       (6) require that the program complies with State 
     certification or licensing requirements and the requirements 
     under section 9101(23) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801(23)) for highly 
     qualified teachers;
       (7) develop during the course of the grant a plan for long-
     term support and assessment of its graduates, which shall 
     include--
       (A) induction support for graduates in their first one to 
     two years of teaching;
       (B) systems to determine the teaching status of graduates 
     and thereby determine retention rates; and
       (C) methods to analyze the achievement of students taught 
     by graduates, and methods to analyze classroom practices of 
     graduates; and
       (8) be able upon completion of the grant at the end of 5 
     years to fund essential program costs, including salaries of 
     master teachers and other necessary personnel, from recurring 
     university budgets.
       (e) Application Requirements.--An institution of higher 
     education seeking a grant under the program shall submit an 
     application to the Director in such form, at such time, and 
     containing such information and assurances as the Director 
     may require, including--
       (1) a description of the current rate at which individuals 
     majoring in science, technology, engineering, and mathematics 
     become certified as elementary and secondary teachers;
       (2) a description for the institution's plan for increasing 
     the numbers of students enrolled in and graduating from the 
     program supported under this subtitle;
       (3) a description of the institution's capacity to develop 
     a program in which individuals majoring in science, 
     technology, engineering, and mathematics can become certified 
     as elementary and secondary teachers;
       (4) identification of the organizational unit within the 
     department or division of arts and sciences or the science 
     department at the institution that will adopt teacher 
     certification for elementary and secondary teachers as its 
     primary mission;
       (5) identification of core faculty within the department or 
     division of arts and sciences or the science department at 
     the institution to champion teacher preparation in their 
     departments by teaching courses dedicated to preparing future 
     elementary and secondary school teachers, helping create new 
     degree plans, advising prospective students within their 
     major, and assisting as needed with program administration;
       (6) identification of core faculty in the education 
     department or its equivalent at the institution to champion 
     teacher preparation by creating and teaching courses specific 
     to the preparation of science, technology, engineering, and 
     mathematics and working closely with colleagues in the 
     department or division of arts and sciences or the science 
     department; and
       (7) a description of involving practical, field-based 
     experience in teaching and degree plans enabling students to 
     graduate in 4

[[Page 22605]]

     years with a major in science, technology, engineering, or 
     mathematics and elementary or secondary school teacher 
     certification.
       (f) Matching Requirement.--An institution of higher 
     education may not receive a grant under this section unless 
     it provides, from non-federal sources, to carry out the 
     activities supported by the grant, an amount that is not less 
     than--
       (1) 35 percent of the amount of the grant for the first 
     fiscal year of the grant;
       (2) 55 percent of the amount of the grant for the second 
     and third fiscal years of the grant; and
       (3) 75 percent of the amount of the grant for the fourth 
     and fifth fiscal years of the grant.
       (g) Guidance.--Within 90 days after the date of enactment 
     of this Act, the Director shall initiate a proceeding to 
     promulgate guidance for the administration of the grant 
     program established under subsection (a).

     SEC. 554. GRANT OVERSIGHT AND ADMINISTRATION.

       (a) In General.--The Director may execute a contract for 
     program oversight and fiscal management with an organization 
     at an institution of higher education, a non-profit 
     organization, or other entity that demonstrates capacity for 
     and experience in--
       (1) replicating 1 or more similar programs at regional or 
     national levels;
       (2) providing programmatic and technical implementation 
     assistance for the program;
       (3) performing data collection and analysis to ensure 
     proper implementation and continuous program improvement; and
       (4) providing accountability for results by measuring and 
     monitoring achievement of programmatic milestones.
       (b) Oversight Responsibilities.--
       (1) Mandatory duties.--If the Director executes a contract 
     under subsection (a) with an organization for program 
     oversight and fiscal management, the organization shall--
       (A) ensure that a grant recipient faithfully replicates and 
     implements the program or programs for which the grant is 
     awarded;
       (B) ensure that grant funds are used for the purposes 
     authorized and that a grant recipient has a system in place 
     to track and account for all Federal grant funds provided;
       (C) provide technical assistance to grant recipients;
       (D) collect and analyze data and report to the Director 
     annually on the effects of the program on--
       (i) the progress of participating students in achieving 
     teaching competence and teaching certification;
       (ii) the participation of students in the program by major, 
     compared with local and State needs on secondary teachers by 
     discipline; and
       (iii) the participation of students in the program by 
     demographic subgroup;
       (E) collect and analyze data and report to the Director 
     annually on the effects of the program on the academic 
     achievement of elementary and secondary school students 
     taught by graduates of programs funded by grants under this 
     subtitle; and
       (F) submit an annual report to the Director demonstrating 
     compliance with the requirements of subparagraphs (A) through 
     (E).
       (2) Discretionary duties.--At the request of the Director, 
     the organization under contract under subsection (a) may 
     assist the Director in evaluating grant applications.
       (c) Reports to Congress.--The Director shall submit a copy 
     of the annual report required by subsection (b)(1)(F) to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the Senate Committee on Health, Education, Labor, and 
     Pensions, the House of Representatives Committee on Science 
     and Technology, and the House of Representatives Committee on 
     Education and Labor.

     SEC. 555. DEFINITIONS.

       In this subtitle:
       (1) Field-based course.--The term ``field-based course'' 
     means a course of instruction offered by an institution of 
     higher education that includes a requirement that students 
     teach a minimum of 3 lessons or sequences of lessons to 
     elementary or secondary students.
       (2) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term by section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
       (3) Master teacher.--The term ``master teacher'' means an 
     individual--
       (A) who has been awarded a master's or doctoral degree by 
     an institution of higher education;
       (B) whose graduate coursework included courses in 
     mathematics, science, computer science, or engineering;
       (C) who has at least 3 years teaching experience in K-12 
     settings; and
       (D) whose teaching has been recognized for exceptional 
     accomplishments in educating students, or is demonstrated to 
     have resulted in improved student achievement.
       (4) Mentor teacher.--The term ``mentor teacher'' means an 
     elementary or secondary school classroom teacher who assists 
     with the training of students participating in a field-based 
     course.
       (5) Director.--The term ``Director'' means the Director of 
     the National Science Foundation.

     SEC. 556. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Director to 
     carry out this subtitle $10,000,000 for each of fiscal years 
     2011 through 2013.

                          TITLE VI--INNOVATION

     SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

       The Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.), as amended by section 106 of this Act, 
     is amended by adding at the end the following:

     ``SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

       ``(a) In General.--The Secretary shall establish an Office 
     of Innovation and Entrepreneurship to foster innovation and 
     the commercialization of new technologies, products, 
     processes, and services with the goal of promoting 
     productivity and economic growth in the United States.
       ``(b) Duties.--The Office of Innovation and 
     Entrepreneurship shall be responsible for--
       ``(1) developing policies to accelerate innovation and 
     advance the commercialization of research and development, 
     including federally funded research and development;
       ``(2) identifying existing barriers to innovation and 
     commercialization, including access to capital and other 
     resources, and ways to overcome those barriers, particularly 
     in States participating in the Experimental Program to 
     Stimulate Competitive Research;
       ``(3) providing access to relevant data, research, and 
     technical assistance on innovation and commercialization;
       ``(4) strengthening collaboration on and coordination of 
     policies relating to innovation and commercialization, 
     including those focused on the needs of small businesses and 
     rural communities, within the Department of Commerce, between 
     the Department of Commerce and other Federal agencies, and 
     between the Department of Commerce and appropriate State 
     government agencies and institutions, as appropriate; and
       ``(5) any other duties as determined by the Secretary.
       ``(c) Advisory Committee.--The Secretary shall establish an 
     Advisory Council on Innovation and Entrepreneurship to 
     provide advice to the Secretary on carrying out subsection 
     (b).''.

     SEC. 602. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES 
                   IN MANUFACTURING.

       The Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.), as amended by section 601, is further 
     amended by adding at the end the following:

     ``SEC. 26. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 
                   TECHNOLOGIES IN MANUFACTURING.

       ``(a) Establishment.--The Secretary shall establish a 
     program to provide loan guarantees for obligations to small- 
     or medium-sized manufacturers for the use or production of 
     innovative technologies.
       ``(b) Eligible Projects.--A loan guarantee may be made 
     under the program only for a project that re-equips, expands, 
     or establishes a manufacturing facility in the United 
     States--
       ``(1) to use an innovative technology or an innovative 
     process in manufacturing;
       ``(2) to manufacture an innovative technology product or an 
     integral component of such a product; or
       ``(3) to commercialize an innovative product, process, or 
     idea that was developed by research funded in whole or in 
     part by a grant from the Federal government.
       ``(c) Eligible Borrower.--A loan guarantee may be made 
     under the program only for a borrower who is a small- or 
     medium-sized manufacturer, as determined by the Secretary 
     under the criteria established pursuant to subsection (l).
       ``(d) Limitation on Amount.--A loan guarantee shall not 
     exceed an amount equal to 80 percent of the obligation, as 
     estimated at the time at which the loan guarantee is issued.
       ``(e) Limitations on Loan Guarantee.--No loan guarantee 
     shall be made unless the Secretary determines that--
       ``(1) there is a reasonable prospect of repayment of the 
     principal and interest on the obligation by the borrower;
       ``(2) the amount of the obligation (when combined with 
     amounts available to the borrower from other sources) is 
     sufficient to carry out the project;
       ``(3) the obligation is not subordinate to other financing;
       ``(4) the obligation bears interest at a rate that does not 
     exceed a level that the Secretary determines appropriate, 
     taking into account the prevailing rate of interest in the 
     private sector for similar loans and risks; and
       ``(5) the term of an obligation requires full repayment 
     over a period not to exceed the lesser of--
       ``(A) 30 years; or
       ``(B) 90 percent of the projected useful life, as 
     determined by the Secretary, of the physical asset to be 
     financed by the obligation.
       ``(f) Defaults.--
       ``(1) Payment by secretary.--
       ``(A) In general.--If a borrower defaults (as defined in 
     regulations promulgated by the Secretary and specified in the 
     loan guarantee) on the obligation, the holder of the loan 
     guarantee shall have the right to demand payment of the 
     unpaid amount from the Secretary.

[[Page 22606]]

       ``(B) Payment required.--Within such period as may be 
     specified in the loan guarantee or related agreements, the 
     Secretary shall pay to the holder of the loan guarantee the 
     unpaid interest on and unpaid principal of the obligation as 
     to which the borrower has defaulted, unless the Secretary 
     finds that there was no default by the borrower in the 
     payment of interest or principal or that the default has been 
     remedied.
       ``(C) Forbearance.--Nothing in this subsection precludes 
     any forbearance by the holder of the obligation for the 
     benefit of the borrower which may be agreed upon by the 
     parties to the obligation and approved by the Secretary.
       ``(2) Subrogation.--
       ``(A) In general.--If the Secretary makes a payment under 
     paragraph (1), the Secretary shall be subrogated to the 
     rights, as specified in the loan guarantee, of the recipient 
     of the payment or related agreements including, if 
     appropriate, the authority (notwithstanding any other 
     provision of law)--
       ``(i) to complete, maintain, operate, lease, or otherwise 
     dispose of any property acquired pursuant to such loan 
     guarantee or related agreement; or
       ``(ii) to permit the borrower, pursuant to an agreement 
     with the Secretary, to continue to pursue the purposes of the 
     project if the Secretary determines that such an agreement is 
     in the public interest.
       ``(B) Superiority of rights.--The rights of the Secretary, 
     with respect to any property acquired pursuant to a loan 
     guarantee or related agreements, shall be superior to the 
     rights of any other person with respect to the property.
       ``(3) Notification.--If the borrower defaults on an 
     obligation, the Secretary shall notify the Attorney General 
     of the default.
       ``(g) Terms and Conditions.--A loan guarantee under this 
     section shall include such detailed terms and conditions as 
     the Secretary determines appropriate--
       ``(1) to protect the interests of the United States in the 
     case of default; and
       ``(2) to have available all the patents and technology 
     necessary for any person selected, including the Secretary, 
     to complete and operate the project.
       ``(h) Consultation.--In establishing the terms and 
     conditions of a loan guarantee under this section, the 
     Secretary shall consult with the Secretary of the Treasury.
       ``(i) Fees.--
       ``(1) In general.--The Secretary shall charge and collect 
     fees for loan guarantees in amounts the Secretary determines 
     are sufficient to cover applicable administrative expenses.
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary into the Treasury of 
     the United States; and
       ``(B) remain available until expended, subject to such 
     other conditions as are contained in annual appropriations 
     Acts.
       ``(3) Limitation.--In charging and collecting fees under 
     paragraph (1), the Secretary shall take into consideration 
     the amount of the obligation.
       ``(j) Records.--
       ``(1) In general.--With respect to a loan guarantee under 
     this section, the borrower, the lender, and any other 
     appropriate party shall keep such records and other pertinent 
     documents as the Secretary shall prescribe by regulation, 
     including such records as the Secretary may require to 
     facilitate an effective audit.
       ``(2) Access.--The Secretary and the Comptroller General of 
     the United States, or their duly authorized representatives, 
     shall have access to records and other pertinent documents 
     for the purpose of conducting an audit.
       ``(k) Full Faith and Credit.--The full faith and credit of 
     the United States is pledged to the payment of all loan 
     guarantees issued under this section with respect to 
     principal and interest.
       ``(l) Regulations.--The Secretary shall issue final 
     regulations before making any loan guarantees under the 
     program. The regulations shall include--
       ``(1) criteria that the Secretary shall use to determine 
     eligibility for loan guarantees under this section, 
     including--
       ``(A) whether a borrower is a small- or medium-sized 
     manufacturer; and
       ``(B) whether a borrower demonstrates that a market exists 
     for the innovative technology product, or the integral 
     component of such a product, to be manufactured, as evidenced 
     by written statements of interest from potential purchasers;
       ``(2) criteria that the Secretary shall use to determine 
     the amount of any fees charged under subsection (i), 
     including criteria related to the amount of the obligation;
       ``(3) policies and procedures for selecting and monitoring 
     lenders and loan performance; and
       ``(4) any other policies, procedures, or information 
     necessary to implement this section.
       ``(m) Audit.--
       ``(1) Annual independent audits.--The Secretary shall enter 
     into an arrangement with an independent auditor for annual 
     evaluations of the program under this section.
       ``(2) Comptroller general review.--The Comptroller General 
     of the United States shall conduct a biennial review of the 
     Secretary's execution of the program under this section.
       ``(3) Report.--The results of the independent audit under 
     paragraph (1) and the Comptroller General's review under 
     paragraph (2) shall be provided directly to the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate.
       ``(n) Report to Congress.--Concurrent with the submission 
     to Congress of the President's annual budget request in each 
     year after the date of enactment of the America COMPETES 
     Reauthorization Act of 2010, the Secretary shall transmit to 
     the Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report containing a summary of 
     all activities carried out under this section.
       ``(o) Coordination and Nonduplication.--To the maximum 
     extent practicable, the Secretary shall ensure that the 
     activities carried out under this section are coordinated 
     with, and do not duplicate the efforts of, other loan 
     guarantee programs within the Federal Government.
       ``(p) MEP Centers.--The Secretary may use centers 
     established under section 25 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278k) to provide 
     information about the program established under this section 
     and to conduct outreach to potential borrowers, as 
     appropriate.
       ``(q) Minimizing Risk.--The Secretary shall promulgate 
     regulations and policies to carry out this section in 
     accordance with Office of Management and Budget Circular No. 
     A-129, entitled `Policies for Federal Credit Programs and 
     Non-Tax Receivables', as in effect on the date of enactment 
     of the America COMPETES Reauthorization Act of 2010.
       ``(r) Sense of Congress.--It is the sense of Congress that 
     no loan guarantee shall be made under this section unless the 
     borrower agrees to use a federally-approved electronic 
     employment eligibility verification system to verify the 
     employment eligibility of--
       ``(1) all persons hired during the contract term by the 
     borrower to perform employment duties within the United 
     States; and
       ``(2) all persons assigned by the borrower to perform work 
     within the United States on the project.
       ``(s) Definitions.--In this section:
       ``(1) Cost.--The term `cost' has the meaning given such 
     term under section 502 of the Federal Credit Reform Act of 
     1990 (2 U.S.C. 661a).
       ``(2) Innovative process.--The term `innovative process' 
     means a process that is significantly improved as compared to 
     the process in general use in the commercial marketplace in 
     the United States at the time the loan guarantee is issued.
       ``(3) Innovative technology.--The term `innovative 
     technology' means a technology that is significantly improved 
     as compared to the technology in general use in the 
     commercial marketplace in the United States at the time the 
     loan guarantee is issued.
       ``(4) Loan guarantee.--The term `loan guarantee' has the 
     meaning given such term in section 502 of the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661a). The term includes a loan 
     guarantee commitment (as defined in section 502 of such Act 
     (2 U.S.C. 661a)).
       ``(5) Obligation.--The term `obligation' means the loan or 
     other debt obligation that is guaranteed under this section.
       ``(6) Program.--The term `program' means the loan guarantee 
     program established in subsection (a).
       ``(t) Authorization of Appropriations.--There are 
     authorized to be appropriated $20,000,000 for each of fiscal 
     years 2011 through 2013 to provide the cost of loan 
     guarantees under this section.''.

     SEC. 603. REGIONAL INNOVATION PROGRAM.

       The Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.), as amended by section 602, is further 
     amended by adding at the end thereof the following:

     ``SEC. 27. REGIONAL INNOVATION PROGRAM.

       ``(a) Establishment.--The Secretary shall establish a 
     regional innovation program to encourage and support the 
     development of regional innovation strategies, including 
     regional innovation clusters and science and research parks.
       `(b) Cluster Grants.--
       ``(1) In general.--As part of the program established under 
     subsection (a), the Secretary may award grants on a 
     competitive basis to eligible recipients for activities 
     relating to the formation and development of regional 
     innovation clusters.
       ``(2) Permissible activities.--Grants awarded under this 
     subsection may be used for activities determined appropriate 
     by the Secretary, including the following:
       ``(A) Feasibility studies.
       ``(B) Planning activities.
       ``(C) Technical assistance.
       ``(D) Developing or strengthening communication and 
     collaboration between and among participants of a regional 
     innovation cluster.
       ``(E) Attracting additional participants to a regional 
     innovation cluster.
       ``(F) Facilitating market development of products and 
     services developed by a regional innovation cluster, 
     including through demonstration, deployment, technology 
     transfer, and commercialization activities.

[[Page 22607]]

       ``(G) Developing relationships between a regional 
     innovation cluster and entities or clusters in other regions.
       ``(H) Interacting with the public and State and local 
     governments to meet the goals of the cluster.
       ``(3) Eligible recipient defined.--In this subsection, the 
     term `eligible recipient' means--
       ``(A) a State;
       ``(B) an Indian tribe;
       ``(C) a city or other political subdivision of a State;
       ``(D) an entity that--
       ``(i) is a nonprofit organization, an institution of higher 
     education, a public-private partnership, a science or 
     research park, a Federal laboratory, or an economic 
     development organization or similar entity; and
       ``(ii) has an application that is supported by a State or a 
     political subdivision of a State; or
       ``(E) a consortium of any of the entities described in 
     subparagraphs (A) through (D).
       ``(4) Application.--
       ``(A) In general.--An eligible recipient shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information and assurances as the 
     Secretary may require.
       ``(B) Components.--The application shall include, at a 
     minimum, a description of the regional innovation cluster 
     supported by the proposed activity, including a description 
     of--
       ``(i) whether the regional innovation cluster is supported 
     by the private sector, State and local governments, and other 
     relevant stakeholders;
       ``(ii) how the existing participants in the regional 
     innovation cluster will encourage and solicit participation 
     by all types of entities that might benefit from 
     participation, including newly formed entities and those 
     rival existing participants;
       ``(iii) the extent to which the regional innovation cluster 
     is likely to stimulate innovation and have a positive impact 
     on regional economic growth and development;
       ``(iv) whether the participants in the regional innovation 
     cluster have access to, or contribute to, a well-trained 
     workforce;
       ``(v) whether the participants in the regional innovation 
     cluster are capable of attracting additional funds from non-
     Federal sources; and
       ``(vi) the likelihood that the participants in the regional 
     innovation cluster will be able to sustain activities once 
     grant funds under this subsection have been expended.
       ``(C) Special consideration.--The Secretary shall give 
     special consideration to applications from regions that 
     contain communities negatively impacted by trade.
       ``(5) Special consideration.--The Secretary shall give 
     special consideration to an eligible recipient who agrees to 
     collaborate with local workforce investment area boards.
       ``(6) Cost share.--The Secretary may not provide more than 
     50 percent of the total cost of any activity funded under 
     this subsection.
       ``(7) Use and application of research and information 
     program.--To the maximum extent practicable, the Secretary 
     shall ensure that activities funded under this subsection use 
     and apply any relevant research, best practices, and metrics 
     developed under the program established in subsection (c).
       ``(c) Science and Research Park Development Grants.--
       ``(1) In general.--As part of the program established under 
     subsection (a), the Secretary may award grants for the 
     development of feasibility studies and plans for the 
     construction of new science parks or the renovation or 
     expansion of existing science parks.
       ``(2) Limitation on amount of grants.--The amount of a 
     grant awarded under this subsection may not exceed $750,000.
       ``(3) Award.--
       ``(A) Competition required.--The Secretary shall award 
     grants under this subsection pursuant to a full and open 
     competition.
       ``(B) Geographic dispersion.-- In conducting a competitive 
     process, the Secretary shall consider the need to avoid undue 
     geographic concentration among any one category of States 
     based on their predominant rural or urban character as 
     indicated by population density.
       ``(C) Selection criteria.--The Secretary shall publish the 
     criteria to be utilized in any competition for the selection 
     of recipients of grants under this subsection, which shall 
     include requirements relating to the--
       ``(i) effect the science park will have on regional 
     economic growth and development;
       ``(ii) number of jobs to be created at the science park and 
     the surrounding regional community each year during its first 
     3 years;
       ``(iii) funding to be required to construct, renovate or 
     expand the science park during its first 3 years;
       ``(iv) amount and type of financing and access to capital 
     available to the applicant;
       ``(v) types of businesses and research entities expected in 
     the science park and surrounding regional community;
       ``(vi) letters of intent by businesses and research 
     entities to locate in the science park;
       ``(vii) capability to attract a well trained workforce to 
     the science park;
       ``(viii) the management of the science park during its 
     first 5 years;
       ``(ix) expected financial risks in the construction and 
     operation of the science park and the risk mitigation 
     strategy;
       ``(x) physical infrastructure available to the science 
     park, including roads, utilities, and telecommunications;
       ``(xi) utilization of energy-efficient building technology 
     including nationally recognized green building design 
     practices, renewable energy, cogeneration, and other methods 
     that increase energy efficiency and conservation;
       ``(xii) consideration to the transformation of military 
     bases affected by the base realignment and closure process or 
     the redevelopment of existing buildings, structures, or 
     brownfield sites that are abandoned, idled, or underused into 
     single or multiple building facilities for science and 
     technology companies and institutions;
       ``(xiii) ability to collaborate with other science parks 
     throughout the world;
       ``(xiv) consideration of sustainable development practices 
     and the quality of life at the science park; and
       ``(xv) other such criteria as the Secretary shall 
     prescribe.
       ``(4) Allocation constraints.--The Secretary may not 
     allocate less than one-third of the total grant funding 
     allocated under this section for any fiscal year to grants 
     under subsection (b) or this subsection without written 
     notification to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives 
     Committees on Science and Technology and on Energy and 
     Commerce.
       ``(d) Loan Guarantees for Science Park Infrastructure.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     may guarantee up to 80 percent of the loan amount for 
     projects for the construction or expansion, including 
     renovation and modernization, of science park infrastructure.
       ``(2) Limitations on guarantee amounts.--The maximum amount 
     of loan principal guaranteed under this subsection may not 
     exceed--
       ``(A) $50,000,000 with respect to any single project; and
       ``(B) $300,000,000 with respect to all projects.
       ``(3) Selection of guarantee recipients.--The Secretary 
     shall select recipients of loan guarantees under this 
     subsection based upon the ability of the recipient to 
     collateralize the loan amount through bonds, equity, 
     property, and such other things of values as the Secretary 
     shall deem necessary. Recipients of grants under subsection 
     (c) are not eligible for a loan guarantee during the period 
     of the grant. To the extent that the Secretary determines it 
     to be feasible, the Secretary may select recipients of 
     guarantee assistance in accord with a competitive process 
     that takes into account the factors set out in subsection 
     (c)(3)(C) of this section.
       ``(4) Terms and conditions for loan guarantees.--The loans 
     guaranteed under this subsection shall be subject to such 
     terms and conditions as the Secretary may prescribe, except 
     that--
       ``(A) the final maturity of such loans made or guaranteed 
     may not exceed the lesser of--
       ``(i) 30 years; or
       ``(ii) 90 percent of the useful life of any physical asset 
     to be financed by the loan;
       ``(B) a loan guaranteed under this subsection may not be 
     subordinated to another debt contracted by the borrower or to 
     any other claims against the borrowers in the case of 
     default;
       ``(C) a loan may not be guaranteed under this subsection 
     unless the Secretary determines that the lender is 
     responsible and that provision is made for servicing the loan 
     on reasonable terms and in a manner that adequately protects 
     the financial interest of the United States;
       ``(D) a loan may not be guaranteed under this subsection 
     if--
       ``(i) the income from the loan is excluded from gross 
     income for purposes of chapter 1 of the Internal Revenue Code 
     of 1986; or
       ``(ii) the guarantee provides significant collateral or 
     security, as determined by the Secretary in coordination with 
     the Secretary of the Treasury, for other obligations the 
     income from which is so excluded;
       ``(E) any guarantee provided under this subsection shall be 
     conclusive evidence that--
       ``(i) the guarantee has been properly obtained;
       ``(ii) the underlying loan qualified for the guarantee; and
       ``(iii) absent fraud or material misrepresentation by the 
     holder, the guarantee is presumed to be valid, legal, and 
     enforceable;
       ``(F) the Secretary may not extend credit assistance unless 
     the Secretary has determined that there is a reasonable 
     assurance of repayment; and
       ``(G) new loan guarantees may not be committed except to 
     the extent that appropriations of budget authority to cover 
     their costs are made in advance, as required under section 
     504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
       ``(5) Payment of losses.--
       ``(A) In general.--If, as a result of a default by a 
     borrower under a loan guaranteed under this subsection, after 
     the holder has made such further collection efforts and 
     instituted such enforcement proceedings as the

[[Page 22608]]

     Secretary may require, the Secretary determines that the 
     holder has suffered a loss, the Secretary shall pay to the 
     holder the percentage of the loss specified in the guarantee 
     contract. Upon making any such payment, the Secretary shall 
     be subrogated to all the rights of the recipient of the 
     payment. The Secretary shall be entitled to recover from the 
     borrower the amount of any payments made pursuant to any 
     guarantee entered into under this section.
       ``(B) Enforcement of rights.--The Attorney General shall 
     take such action as may be appropriate to enforce any right 
     accruing to the United States as a result of the issuance of 
     any guarantee under this section.
       ``(C) Forbearance.--Nothing in this section may be 
     construed to preclude any forbearance for the benefit of the 
     borrower which may be agreed upon by the parties to the 
     guaranteed loan and approved by the Secretary, if budget 
     authority for any resulting subsidy costs (as defined in 
     section 502(5) of the Federal Credit Reform Act of 1990) is 
     available.
       ``(6) Evaluation of credit risk.--
       ``(A) The Secretary shall periodically assess the credit 
     risk of new and existing direct loans or guaranteed loans.
       ``(B) Not later than 2 years after the date of the 
     enactment of the America COMPETES Reauthorization Act of 
     2010, the Comptroller General of the United States shall--
       ``(i) conduct a review of the subsidy estimates for the 
     loan guarantees under this section; and
       ``(ii) submit to Congress a report on the review conducted 
     under this paragraph.
       ``(7) Termination.--A loan may not be guaranteed under this 
     section after September 30, 2013.
       ``(8) Authorization of appropriations.--There are 
     authorized to be appropriated $7,000,000 for each of fiscal 
     years 2011 through 2013 for the cost (as defined in section 
     502(5) of the Federal Credit Reform Act of 1990) of 
     guaranteeing $300,000,000 in loans under this section, such 
     sums to remain available until expended.
       ``(e) Regional Innovation Research and Information 
     Program.--
       ``(1) In general.--As part of the program established under 
     subsection (a), the Secretary shall establish a regional 
     innovation research and information program--
       ``(A) to gather, analyze, and disseminate information on 
     best practices for regional innovation strategies (including 
     regional innovation clusters), including information relating 
     to how innovation, productivity, and economic development can 
     be maximized through such strategies;
       ``(B) to provide technical assistance, including through 
     the development of technical assistance guides, for the 
     development and implementation of regional innovation 
     strategies (including regional innovation clusters);
       ``(C) to support the development of relevant metrics and 
     measurement standards to evaluate regional innovation 
     strategies (including regional innovation clusters), 
     including the extent to which such strategies stimulate 
     innovation, productivity, and economic development; and
       ``(D) to collect and make available data on regional 
     innovation cluster activity in the United States, including 
     data on--
       ``(i) the size, specialization, and competitiveness of 
     regional innovation clusters;
       ``(ii) the regional domestic product contribution, total 
     jobs and earnings by key occupations, establishment size, 
     nature of specialization, patents, Federal research and 
     development spending, and other relevant information for 
     regional innovation clusters; and
       ``(iii) supply chain product and service flows within and 
     between regional innovation clusters.
       ``(2) Research grants.--The Secretary may award research 
     grants on a competitive basis to support and further the 
     goals of the program established under this subsection.
       ``(3) Dissemination of information.--Data and analysis 
     compiled by the Secretary under the program established in 
     this subsection shall be made available to other Federal 
     agencies, State and local governments, and nonprofit and for-
     profit entities.
       ``(4) Regional innovation grant program.--The Secretary 
     shall incorporate data and analysis relating to any grant 
     under subsection (b) or (c) and any loan guarantee under 
     subsection (d) into the program established under this 
     subsection.
       ``(f) Interagency Coordination.--
       ``(1) In general.--To the maximum extent practicable, the 
     Secretary shall ensure that the activities carried out under 
     this section are coordinated with, and do not duplicate the 
     efforts of, other programs at the Department of Commerce or 
     other Federal agencies.
       ``(2) Collaboration.--
       ``(A) In general.--The Secretary shall explore and pursue 
     collaboration with other Federal agencies, including through 
     multiagency funding opportunities, on regional innovation 
     strategies.
       ``(B) Small businesses.--The Secretary shall ensure that 
     such collaboration with Federal agencies prioritizes the 
     needs and challenges of small businesses.
       ``(g) Evaluation.--
       ``(1) In general.--Not later than 3 years after the date of 
     enactment of the America COMPETES Reauthorization Act of 
     2010, the Secretary shall enter into a contract with an 
     independent entity, such as the National Academy of Sciences, 
     to conduct an evaluation of the program established under 
     subsection (a).
       ``(2) Requirements.--The evaluation shall include--
       ``(A) whether the program is achieving its goals;
       ``(B) any recommendations for how the program may be 
     improved; and
       ``(C) a recommendation as to whether the program should be 
     continued or terminated.
       ``(h) Definitions.--In this section:
       ``(1) Regional innovation cluster.--The term `regional 
     innovation cluster' means a geographically bounded network of 
     similar, synergistic, or complementary entities that--
       ``(A) are engaged in or with a particular industry sector;
       ``(B) have active channels for business transactions and 
     communication;
       ``(C) share specialized infrastructure, labor markets, and 
     services; and
       ``(D) leverage the region's unique competitive strengths to 
     stimulate innovation and create jobs.
       ``(2) Science park.--The term `Science park' means a 
     property-based venture, which has--
       ``(A) master-planned property and buildings designed 
     primarily for private-public research and development 
     activities, high technology and science-based companies, and 
     research and development support services;
       ``(B) a contractual or operational relationship with one or 
     more science- or research-related institution of higher 
     education or governmental or non-profit research 
     laboratories;
       ``(C) a primary mission to promote research and development 
     through industry partnerships, assisting in the growth of new 
     ventures and promoting innovation-driven economic 
     development;
       ``(D) a role in facilitating the transfer of technology and 
     business skills between researchers and industry teams; and
       ``(E) a role in promoting technology-led economic 
     development for the community or region in which the science 
     park is located. A science park may be owned by a 
     governmental or not-for-profit entity, but it may enter into 
     partnerships or joint ventures with for-profit entities for 
     development or management of specific components of the park.
       ``(3) State.--The term `State' means one of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, or any other 
     territory or possession of the United States.
       ``(i) Authorization of Appropriations.--Except as provided 
     in subsection (d)(8), there are authorized to be appropriated 
     $100,000,000 for each of fiscal years 2011 through 2013 to 
     carry out this section (other than for loan guarantees under 
     subsection (d)).''.

     SEC. 604. STUDY ON ECONOMIC COMPETITIVENESS AND INNOVATIVE 
                   CAPACITY OF UNITED STATES AND DEVELOPMENT OF 
                   NATIONAL ECONOMIC COMPETITIVENESS STRATEGY.

       (a) Study.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     complete a comprehensive study of the economic 
     competitiveness and innovative capacity of the United States.
       (2) Matters covered.--The study required by paragraph (1) 
     shall include the following:
       (A) An analysis of the United States economy and innovation 
     infrastructure.
       (B) An assessment of the following:
       (i) The current competitive and innovation performance of 
     the United States economy relative to other countries that 
     compete economically with the United States.
       (ii) Economic competitiveness and domestic innovation in 
     the current business climate, including tax and Federal 
     regulatory policy.
       (iii) The business climate of the United States and those 
     of other countries that compete economically with the United 
     States.
       (iv) Regional issues that influence the economic 
     competitiveness and innovation capacity of the United States, 
     including--

       (I) the roles of State and local governments and 
     institutions of higher education; and
       (II) regional factors that contribute positively to 
     innovation.

       (v) The effectiveness of the Federal Government in 
     supporting and promoting economic competitiveness and 
     innovation, including any duplicative efforts of, or gaps in 
     coverage between, Federal agencies and departments.
       (vi) Barriers to competitiveness in newly emerging business 
     or technology sectors, factors influencing underperforming 
     economic sectors, unique issues facing small and medium 
     enterprises, and barriers to the development and evolution of 
     start-ups, firms, and industries.
       (vii) The effects of domestic and international trade 
     policy on the competitiveness of the United States and the 
     United States economy.

[[Page 22609]]

       (viii) United States export promotion and export finance 
     programs relative to export promotion and export finance 
     programs of other countries that compete economically with 
     the United States, including Canada, France, Germany, Italy, 
     Japan, Korea, and the United Kingdom, with noting of export 
     promotion and export finance programs carried out by such 
     countries that are not analogous to any programs carried out 
     by the United States.
       (ix) The effectiveness of current policies and programs 
     affecting exports, including an assessment of Federal trade 
     restrictions and State and Federal export promotion 
     activities.
       (x) The effectiveness of the Federal Government and 
     Federally funded research and development centers in 
     supporting and promoting technology commercialization and 
     technology transfer.
       (xi) Domestic and international intellectual property 
     policies and practices.
       (xii) Manufacturing capacity, logistics, and supply chain 
     dynamics of major export sectors, including access to a 
     skilled workforce, physical infrastructure, and broadband 
     network infrastructure.
       (xiii) Federal and State policies relating to science, 
     technology, and education and other relevant Federal and 
     State policies designed to promote commercial innovation, 
     including immigration policies.
       (C) Development of recommendations on the following:
       (i) How the United States should invest in human capital.
       (ii) How the United States should facilitate 
     entrepreneurship and innovation.
       (iii) How best to develop opportunities for locally and 
     regionally driven innovation by providing Federal support.
       (iv) How best to strengthen the economic infrastructure and 
     industrial base of the United States.
       (v) How to improve the international competitiveness of the 
     United States.
       (3) Consultation.--
       (A) In general.--The study required by paragraph (1) shall 
     be conducted in consultation with the National Economic 
     Council of the Office of Policy Development, such Federal 
     agencies as the Secretary considers appropriate, and the 
     Innovation Advisory Board established under subparagraph (B). 
     The Secretary shall also establish a process for obtaining 
     comments from the public.
       (B) Innovation advisory board.--
       (i) In general.--The Secretary shall establish an 
     Innovation Advisory Board for purposes of obtaining advice 
     with respect to the conduct of the study required by 
     paragraph (1).
       (ii) Composition.--The Advisory Board established under 
     clause (i) shall be comprised of 15 members, appointed by the 
     Secretary--

       (I) who shall represent all major industry sectors;
       (II) a majority of whom should be from private industry, 
     including large and small firms, representing advanced 
     technology sectors and more traditional sectors that use 
     technology; and
       (III) who may include economic or innovation policy 
     experts, State and local government officials active in 
     technology-based economic development, and representatives 
     from higher education.

       (iii) Exemption from faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to the advisory board 
     established under clause (i).
       (b) Strategy.--
       (1) In general.--Not later than 1 year after the completion 
     of the study required by subsection (a), the Secretary shall 
     develop, based on the study required by subsection (a)(1), a 
     national 10-year strategy to strengthen the innovative and 
     competitive capacity of the Federal Government, State and 
     local governments, United States institutions of higher 
     education, and the private sector of the United States.
       (2) Elements.--The strategy required by paragraph (1) shall 
     include the following:
       (A) Actions to be taken by individual Federal agencies and 
     departments to improve competitiveness.
       (B) Proposed legislative actions for consideration by 
     Congress.
       (C) Annual goals and milestones for the 10-year period of 
     the strategy.
       (D) A plan for monitoring the progress of the Federal 
     Government with respect to improving conditions for 
     innovation and the competitiveness of the United States.
       (c) Report.--
       (1) In general.--Upon the completion of the strategy 
     required by subsection (b), the Secretary of Commerce shall 
     submit to Congress and the President a report on the study 
     conducted under subsection (a) and the strategy developed 
     under subsection (b).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The findings of the Secretary with respect to the study 
     conducted under subsection (a).
       (B) The strategy required by subsection (b).

     SEC. 605. PROMOTING USE OF HIGH-END COMPUTING SIMULATION AND 
                   MODELING BY SMALL- AND MEDIUM-SIZED 
                   MANUFACTURERS.

       (a) Findings.--Congress finds that--
       (1) the utilization of high-end computing simulation and 
     modeling by large-scale government contractors and Federal 
     research entities has resulted in substantial improvements in 
     the development of advanced manufacturing technologies; and
       (2) such simulation and modeling would also benefit small- 
     and medium-sized manufacturers in the United States if such 
     manufacturers were to deploy such simulation and modeling 
     throughout their manufacturing chains.
       (b) Policy.--It is the policy of the United States to take 
     all effective measures practicable to ensure that Federal 
     programs and policies encourage and contribute to the use of 
     high-end computing simulation and modeling in the United 
     States manufacturing sector.
       (c) Study.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Commerce, in 
     consultation with the Secretary of Energy and the Director of 
     the Office of Science and Technology Policy, shall carry out, 
     through an interagency consulting process, a study of the 
     barriers to the use of high-end computing simulation and 
     modeling by small- and medium-sized manufacturers in the 
     United States.
       (2) Factors.--In carrying out the study required by 
     paragraph (1), the Secretary of Commerce, in consultation 
     with the Secretary of Energy and the Director of the Office 
     of Science and Technology Policy, shall consider the 
     following:
       (A) The access of small- and medium-sized manufacturers in 
     the United States to high-performance computing facilities 
     and resources.
       (B) The availability of software and other applications 
     tailored to meet the needs of such manufacturers.
       (C) Whether such manufacturers employ or have access to 
     individuals with appropriate expertise for the use of such 
     facilities and resources.
       (D) Whether such manufacturers have access to training to 
     develop such expertise.
       (E) The availability of tools and other methods to such 
     manufacturers to understand and manage the costs and risks 
     associated with transitioning to the use of such facilities 
     and resources.
       (3) Report.--Not later than 270 days after the commencement 
     of the study required by paragraph (1), the Secretary of 
     Commerce shall, in consultation with the Secretary of Energy 
     and the Director of the Office of Science and Technology 
     Policy, submit to Congress a report on such study. Such 
     report shall include such recommendations for such 
     legislative or administrative action as the Secretary of 
     Commerce considers appropriate in light of the study to 
     increase the utilization of high-end computing simulation and 
     modeling by small- and medium-sized manufacturers in the 
     United States.
       (d) Authorization of Demonstration and Pilot Programs.--As 
     part of the study required by subsection (c)(1), the 
     Secretary of Commerce, the Secretary of Energy, and the 
     Director of the Office of Science and Technology Policy may 
     carry out such demonstration or pilot programs as either 
     Secretary or the Director considers appropriate to gather 
     experiential data to evaluate the feasibility and 
     advisability of a specific program or policy initiative to 
     reduce barriers to the utilization of high-end computer 
     modeling and simulation by small- and medium-sized 
     manufacturers in the United States.

                       TITLE VII--NIST GREEN JOBS

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``NIST Grants for Energy 
     Efficiency, New Job Opportunities, and Business Solutions Act 
     of 2010'' or the ``NIST GREEN JOBS Act of 2010''.

     SEC. 702. FINDINGS.

       Congress finds the following:
       (1) Over its 20-year existence, the Hollings Manufacturing 
     Extension Partnership has proven its value to manufacturers 
     as demonstrated by the resulting impact on jobs and the 
     economies of all 50 States and the Nation as a whole.
       (2) The Hollings Manufacturing Extension Partnership has 
     helped thousands of companies reinvest in themselves through 
     process improvement and business growth initiatives leading 
     to more sales, new markets, and the adoption of technology to 
     deliver new products and services.
       (3) Manufacturing is an increasingly important part of the 
     construction sector as the industry moves to the use of more 
     components and factory built sub-assemblies.
       (4) Construction practices must become more efficient and 
     precise if the United States is to construct and renovate its 
     building stock to reduce related carbon emissions to levels 
     that are consistent with combating global warming.
       (5) Many companies involved in construction are small, 
     without access to innovative manufacturing techniques, and 
     could benefit from the type of training and business analysis 
     activities that the Hollings Manufacturing Extension 
     Partnership routinely provides to the Nation's manufacturers 
     and their supply chains.
       (6) Broadening the competitiveness grant program under 
     section 25(f) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278k(f)) could help develop and 
     diffuse knowledge necessary to capture a large

[[Page 22610]]

     portion of the estimated $100 billion or more in energy 
     savings if buildings in the United States met the level and 
     quality of energy efficiency now found in buildings in 
     certain other countries.
       (7) It is therefore in the national interest to expand the 
     capabilities of the Hollings Manufacturing Extension 
     Partnership to be supportive of the construction and green 
     energy industries.

     SEC. 703. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
                   COMPETITIVE GRANT PROGRAM.

       (a) In General.--Section 25(f)(3) of the National Institute 
     of Standards and Technology Act (15 U.S.C. 278k(f)(3)) is 
     amended--
       (1) by striking ``to develop'' in the first sentence and 
     inserting ``to add capabilities to the MEP program, including 
     the development of''; and
       (2) by striking the last sentence and inserting ``Centers 
     may be reimbursed for costs incurred under the program. These 
     themes--
       ``(A) shall be related to projects designed to increase the 
     viability both of traditional manufacturing sectors and other 
     sectors, such as construction, that increasingly rely on 
     manufacturing through the use of manufactured components and 
     manufacturing techniques, including supply chain integration 
     and quality management;
       ``(B) shall be related to projects related to the transfer 
     of technology based on the technological needs of 
     manufacturers and available technologies from institutions of 
     higher education, laboratories, and other technology 
     producing entities; and
       ``(C) may extend beyond these traditional areas to include 
     projects related to construction industry modernization.''.
       (b) Selection.--Section 25(f)(5) of the National Institute 
     of Standards and Technology Act (15 U.S.C. 278k(f)(5)) is 
     amended to read as follows:
       ``(5) Selection.--
       ``(A) In general.--Awards under this section shall be peer 
     reviewed and competitively awarded. The Director shall 
     endeavor to select at least one proposal in each of the 9 
     statistical divisions of the United States (as designated by 
     the Bureau of the Census). The Director shall select 
     proposals to receive awards that will--
       ``(i) create jobs or train newly hired employees;
       ``(ii) promote technology transfer and commercialization of 
     environmentally focused materials, products, and processes;
       ``(iii) increase energy efficiency; and
       ``(iv) improve the competitiveness of industries in the 
     region in which the Center or Centers are located.
       ``(B) Additional selection criteria.--The Director may 
     select proposals to receive awards that will--
       ``(i) encourage greater cooperation and foster partnerships 
     in the region with similar Federal, State, and locally funded 
     programs to encourage energy efficiency and building 
     technology; and
       ``(ii) collect data and analyze the increasing connection 
     between manufactured products and manufacturing techniques, 
     the future of construction practices, and the emerging 
     application of products from the green energy industries.''.
       (c) Other Modifications.--Section 25(f) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278k(f)) 
     is amended--
       (1) by adding at the end the following:
       ``(7) Duration.--Awards under this section shall last no 
     longer than 3 years.
       ``(8) Eligible participants.--In addition to manufacturing 
     firms eligible to participate in the Centers program, awards 
     under this subsection may be used by the Centers to assist 
     small- or medium-sized construction firms. Centers may be 
     reimbursed under the program for working with such eligible 
     participants.
       ``(9) Authorization of appropriations.--In addition to any 
     amounts otherwise authorized or appropriated to carry out 
     this section, there are authorized to be appropriated to the 
     Secretary of Commerce $7,000,000 for each of the fiscal years 
     2011 through 2013 to carry out this subsection.''.

                     TITLE VIII--GENERAL PROVISIONS

     SEC. 801. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.

       Not later than May 31, 2013, the Comptroller General of the 
     United States shall submit a report to the Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committee on Science and Technology that 
     evaluates the status of the programs authorized in this Act, 
     including the extent to which such programs have been funded, 
     implemented, and are contributing to achieving the goals of 
     the Act.

     SEC. 802. SALARY RESTRICTIONS.

       (a) Obscene Matter on Federal Property.--None of the funds 
     authorized under this Act may be used to pay the salary of 
     any individual who is convicted of violating section 1460 of 
     title 18, United States Code.
       (b) Use of Federal Computers for Child Pornography or 
     Exploitation of Minors.--None of the funds authorized under 
     this Act may be used to pay the salary of any individual who 
     is convicted of a violation of section 2252 of title 18, 
     United States Code.

     SEC. 803. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.

       Title I of the Communications Act of 1934 (47 U.S.C. 151 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 12. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.

       ``In order to carry out the purposes of this Act, the 
     Commission may--
       ``(1) undertake research and development work in connection 
     with any matter in relation to which the Commission has 
     jurisdiction; and
       ``(2) promote the carrying out of such research and 
     development by others, or otherwise to arrange for such 
     research and development to be carried out by others.''.

                     TITLE IX--DEPARTMENT OF ENERGY

     SEC. 901. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION 
                   PROGRAMS.

       (a) In General.--Sections 3171, 3175, and 3191 of the 
     Department of Energy Science Education Enhancement Act (42 
     U.S.C. 7381h, 7381j, 7381p) are repealed.
       (b) Authorization of Appropriations for Summer 
     Institutes.--Section 3185(f) of the Department of Energy 
     Science Education Enhancement Act (42 U.S.C. 7381n(f)) is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) $25,000,000 for each of fiscal years 2011 through 
     2013.''.
       (c) Conforming Amendments.--
       (1) Subpart B of the Department of Energy Science Education 
     Enhancement Act (42 U.S.C. 7381g et seq.) is amended by 
     striking chapters 1, 2, and 5 (42 U.S.C. 7381h, 7381j, 
     7381p).
       (2) Section 3195 of the Department of Energy Science 
     Education Enhancement Act (42 U.S.C. 7381r) is amended by 
     striking ``chapters 1, 3, and 4'' each place it appears and 
     inserting ``chapters 3 and 4''.

     SEC. 902. ENERGY RESEARCH PROGRAMS.

       (a) Nuclear Science Talent Program.--Section 5004(f) of the 
     America COMPETES Act (42 U.S.C. 16532(f)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(D) $9,800,000 for fiscal year 2011;
       ``(E) $10,100,000 for fiscal year 2012; and
       ``(F) $10,400,000 for fiscal year 2013.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(D) $8,240,000 for fiscal year 2011;
       ``(E) $8,500,000 for fiscal year 2012; and
       ``(F) $8,750,000 for fiscal year 2013.''.
       (b) Hydrocarbon Systems Science Talent Program.--Section 
     5005 of the America COMPETES Act (42 U.S.C. 16533) is 
     amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (H), by striking ``and'' at the end;
       (B) in subparagraph (I), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(J) hydrocarbon spill response and remediation.''; and
       (2) in subsection (f)(1)--
       (A) in subparagraph (B), by striking ``and'';
       (B) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(D) $9,800,000 for fiscal year 2011;
       ``(E) $10,000,000 for fiscal year 2012; and
       ``(F) $10,400,000 for fiscal year 2013.''.
       (c) Early Career Awards.--Section 5006(h) of the America 
     COMPETES Act (42 U.S.C. 16534(h)) is amended by striking 
     ``2010'' and inserting ``2013''.
       (d) Protecting America's Competitive Edge (PACE) Graduate 
     Fellowship Program.--Section 5009(f) of the America COMPETES 
     Act (42 U.S.C. 16536(f)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(4) $20,600,000 for fiscal year 2011;
       ``(5) $21,200,000 for fiscal year 2012; and
       ``(6) $21,900,000 for fiscal year 2013.''.
       (e) Distinguished Scientist Program.--Section 5011(j) of 
     the America COMPETES Act (42 U.S.C. 16537(j)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(4) $31,000,000 for fiscal year 2011;
       ``(5) $32,000,000 for fiscal year 2012; and
       ``(6) $33,000,000 for fiscal year 2013.''.

     SEC. 903. BASIC RESEARCH.

       Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 
     16311(b)) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(5) $5,247,000,000 for fiscal year 2011;

[[Page 22611]]

       ``(6) $5,614,000,000 for fiscal year 2012; and
       ``(7) $6,007,000,000 for fiscal year 2013.''.

     SEC. 904. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.

       Section 5012 of the America COMPETES Act (42 U.S.C. 16538) 
     is amended--
       (1) in subsection (a)(3), by striking ``subsection (m)(1)'' 
     and inserting ``subsection (n)(1)'';
       (2) in subsection (c)(2)(A), by inserting ``and applied'' 
     after ``advances in fundamental'';
       (3) in subsection (e)--
       (A) in paragraph (3)--
       (i) by striking subparagraph (C) and inserting the 
     following:
       ``(C) research and development of advanced manufacturing 
     process and technologies for the domestic manufacturing of 
     novel energy technologies; and''; and
       (ii) in subparagraph (D), by striking ``and'' after the 
     semicolon at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) pursuant to subsection (c)(2)(C)--
       ``(A) ensuring that applications for funding disclose the 
     extent of current and prior efforts, including monetary 
     investments as appropriate, in pursuit of the technology area 
     for which funding is being requested;
       ``(B) adopting measures to ensure that, in making awards, 
     program managers adhere to the purposes of subsection 
     (c)(2)(C); and
       ``(C) providing as part of the annual report required by 
     subsection (h)(1) a summary of the instances of and reasons 
     for ARPA-E funding projects in technology areas already being 
     undertaken by industry.'';
       (4) by redesignating subsections (f) through (m) as 
     subsections (g) through (n), respectively;
       (5) by inserting after subsection (e) the following:
       ``(f) Awards.--In carrying out this section, the Director 
     may provide awards in the form of grants, contracts, 
     cooperative agreements, cash prizes, and other 
     transactions.'';
       (6) in subsection (g) (as redesignated by paragraph (4))--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (B) by inserting before paragraph (2) (as redesignated by 
     subparagraph (A)) the following:
       ``(1) In general.--The Director shall establish and 
     maintain within ARPA-E a staff with sufficient qualifications 
     and expertise to enable ARPA-E to carry out the 
     responsibilities of ARPA-E under this section in conjunction 
     with other operations of the Department.'';
       (C) in paragraph (2) (as redesignated by subparagraph 
     (A))--
       (i) in the paragraph heading, by striking ``Program 
     managers'' and inserting ``Program directors'';
       (ii) in subparagraph (A), by striking ``program managers 
     for each of'' and inserting ``program directors for'';
       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking 
     ``program manager'' and inserting ``program director'';
       (II) in clause (iv), by striking ``, with advice under 
     subsection (j) as appropriate,'';
       (III) by redesignating clauses (v) and (vi) as clauses (vi) 
     and (viii), respectively;
       (IV) by inserting after clause (iv) the following:

       ``(v) identifying innovative cost-sharing arrangements for 
     ARPA-E projects, including through use of the authority 
     provided under section 988(b)(3) of the Energy Policy Act of 
     2005 (42 U.S.C. 16352(b)(3));'';

       (V) in clause (vi) (as redesignated by subclause (III)), by 
     striking ``; and'' and inserting a semicolon; and
       (VI) by inserting after clause (vi) (as redesignated by 
     subclause (III)) the following:

       ``(vii) identifying mechanisms for commercial application 
     of successful energy technology development projects, 
     including through establishment of partnerships between 
     awardees and commercial entities; and'';
       (iv) in subparagraph (C), by inserting ``not more than'' 
     after ``shall be''; and
       (D) in paragraph (3) (as redesignated by subparagraph 
     (A))--
       (i) in subparagraph (A)--

       (I) in clause (i), by striking ``and'' after the semicolon 
     at the end; and
       (II) by striking clause (ii) and inserting the following:

       ``(ii) fix the basic pay of such personnel at a rate to be 
     determined by the Director at rates not in excess of Level II 
     of the Executive Schedule (EX-II) without regard to the civil 
     service laws; and
       ``(iii) pay any employee appointed under this subpart 
     payments in addition to basic pay, except that the total 
     amount of additional payments paid to an employee under this 
     subpart for any 12-month period shall not exceed the least of 
     the following amounts:

       ``(I) $25,000.
       ``(II) The amount equal to 25 percent of the annual rate of 
     basic pay of the employee.
       ``(III) The amount of the limitation that is applicable for 
     a calendar year under section 5307(a)(1) of title 5, United 
     States Code.'';

       (ii) in subparagraph (B), by striking ``not less than 70, 
     and not more than 120,'' and inserting ``not more than 120'';
       (7) in subsection (h)(2) (as redesignated by paragraph 
     (4))--
       (A) by striking ``2008'' and inserting ``2010''; and
       (B) by striking ``2011'' and inserting''2013'';
       (8) by striking subsection (j) (as redesignated by 
     paragraph (4)) and inserting the following:
       ``(j) Federal Demonstration of Technologies.--The Director 
     shall seek opportunities to partner with purchasing and 
     procurement programs of Federal agencies to demonstrate 
     energy technologies resulting from activities funded through 
     ARPA-E.'';
       (9) in subsection (l) (as redesignated by paragraph (4))--
       (A) in paragraph (1), by striking ``4 years'' and 
     inserting''6 years''; and
       (B) in paragraph (2)(B), by inserting ``, and the manner in 
     which those lessons may apply to the operation of other 
     programs of the Department'' after ``ARPA-E''; and
       (10) in subsection (n) (as redesignated by paragraph (4))--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(C) $300,000,000 for fiscal year 2011;
       ``(D) $306,000,000 for fiscal year 2012; and
       ``(E) $312,000,000 for fiscal year 2013.'';
       (B) by striking paragraph (4);
       (C) by redesignating paragraph (5) as paragraph (4); and
       (D) in paragraph (4)(B) (as redesignated by subparagraph 
     (C))--
       (i) by striking'' 2.5 percent'' and inserting ``5 
     percent''; and
       (ii) by inserting ``, consistent with the goal described in 
     subsection (c)(2)(D) and within the responsibilities of 
     program directors described in subsection (g)(2)(B)(vii)'' 
     after ``outreach activities''.

                           TITLE X--EDUCATION

     SEC. 1001. REFERENCES.

       Except as otherwise expressly provided, wherever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the America COMPETES Act (Public Law 110-
     69).

     SEC. 1002. REPEALS AND CONFORMING AMENDMENTS.

       (a) Repeals.--The following provisions of the Act are 
     repealed:
       (1) Section 6001 (20 U.S.C. 9801).
       (2) Part III of subtitle A of title VI (20 U.S.C. 9841).
       (3) Subtitle B of title VI (20 U.S.C. 9851 et seq.)
       (4) Subtitle C of title VI (20 U.S.C. 9861 et seq.).
       (5) Subtitle E of title VI (20 U.S.C. 9881 et seq.).
       (b) Conforming Amendments.--The Act is amended--
       (1) by redesignating section 6002 (20 U.S.C. 9802) as 
     section 6001;
       (2) by redesignating subtitle D of title VI (20 U.S.C. 
     9871) as subtitle B of title VI; and
       (3) by redesignating section 6401 (20 U.S.C. 9871) as 
     section 6201.
       SEC.1003. AUTHORIZATIONS OF APPROPRIATIONS AND MATCHING 
     REQUIREMENT.
       (a) Teachers for a Competitive Tomorrow.--Section 6116 (20 
     U.S.C. 9816) is amended to read as follows:

     ``SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $4,000,000 for each of fiscal years 2011 through 2013, 
     of which--
       ``(1) $2,000,000 shall be available to carry out section 
     6113 for each of fiscal years 2011 through 2013; and
       ``(2) $2,000,000 shall be available to carry out section 
     6114 for each of fiscal years 2011 through 2013.''.
       (b) Advanced Placement and International Baccalaureate 
     Programs and Matching Requirement.--Section 6123 (20 U.S.C. 
     9833) is amended--
       (1) in subsection (h)(1)--
       (A) by striking ``100'' and inserting ``50''; and
       (B) by striking ``200'' and inserting ``100''; and
       (2) by striking subsection (l) and inserting the following:
       ``(l) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $75,000,000 for each of fiscal years 2011 through 2013.''.
       (c) Alignment of Education Programs.--Section 6201(j), as 
     redesignated by section 1002(b)(3), is amended to read as 
     follows:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $120,000,000 for each of fiscal years 2011 and 2012.''.
                                 ______
                                 
  SA 4844. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 5281, to amend title 28, United States Code, to 
clarify and improve certain provisions relating to the removal of 
litigation against Federal officers or agencies to Federal courts, and 
for other purposes; which was ordered to lie on the table; as follows:


[[Page 22612]]

       At the end of the House amendment, add the following:

     SEC. 17. BORDER FENCE COMPLETION.

       (a) Minimum Requirements.--Section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) is amended--
       (1) in subparagraph (A), by adding at the end the 
     following: ``Fencing that does not effectively restrain 
     pedestrian traffic (such as vehicle barriers and virtual 
     fencing) may not be used to meet the 700-mile fence 
     requirement under this subparagraph.'';
       (2) in subparagraph (B)--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) not later than 1 year after the date of the 
     enactment of the DREAM Act of 2010, complete the construction 
     of all the reinforced fencing and the installation of the 
     related equipment described in subparagraph (A).''; and
       (3) in subparagraph (C), by adding at the end the 
     following:
       ``(iii) Funding not contingent on consultation.--Amounts 
     appropriated to carry out this paragraph may not be impounded 
     or otherwise withheld for failure to fully comply with the 
     consultation requirement under clause (i).''.
       (b) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to Congress that describes--
       (1) the progress made in completing the reinforced fencing 
     required under section 102(b)(1) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1103 note), as amended by this Act; and
       (2) the plans for completing such fencing not later than 1 
     year after the date of the enactment of this Act.
                                 ______
                                 
  SA 4845. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 303, to reauthorize and improve the Federal 
Financial Assistance Management Improvement Act of 1999; which was 
ordered to lie on the table; as follows:

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``America's Great Outdoors Act 
     of 2010''.

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Divisions.--This Act is organized into the following 
     divisions:
       (1) Division A-National Park Service Authorizations.
       (2) Division B-National Wilderness Preservation System.
       (3) Division C-Forest Service Authorizations.
       (4) Division D-Department of the Interior Authorizations.
       (5) Division E-National Heritage Areas.
       (6) Division F-Bureau of Land Management Authorizations.
       (7) Division G-Rivers and Trails.
       (8) Division H-Water and Hydropower Authorizations.
       (9) Division I-Insular Areas.
       (10) Division J-Wildlife Conservation and Water Quality 
     Protection and Restoration.
       (11) Division K-Oceans and Fisheries.
       (12) Division L-Indian Homelands and Trust Land.
       (13) Division M-Miscellaneous.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.

            DIVISION A--NATIONAL PARK SERVICE AUTHORIZATIONS

             TITLE I--ADDITIONS TO THE NATIONAL PARK SYSTEM

              Subtitle A--Valles Caldera National Preserve

Sec. 101. Definitions.
Sec. 102. Valles Caldera National Preserve.
Sec. 103. Transfer of administrative jurisdiction.
Sec. 104. Repeal of Valles Caldera Preservation Act.
Sec. 105. Authorization of appropriations.

               Subtitle B--Waco Mammoth National Monument

Sec. 111. Definitions.
Sec. 112. Waco Mammoth National Monument, Texas.
Sec. 113. Administration of National Monument.
Sec. 114. Acquisition of property and boundary management.
Sec. 115. Construction of facilities on non-Federal lands.
Sec. 116. General management plan.

          TITLE II--EXISTING UNITS OF THE NATIONAL PARK SYSTEM

          Subtitle A--Oregon Caves National Monument Expansion

Sec. 201. Definitions.
Sec. 202. Designations; land transfer; boundary adjustment.
Sec. 203. Administration.
Sec. 204. Voluntary grazing lease or permit donation program.
Sec. 205. Wild and scenic river designations.

     Subtitle B--Minuteman Missile National Historic Site Boundary 
                              Modification

Sec. 211. Boundary modification.

      Subtitle C--Indiana Dunes National Lakeshore Visitor Center

Sec. 221. Dorothy Buell Memorial Visitor Center.
Sec. 222. Indiana Dunes National Lakeshore.

         Subtitle D--North Cascades National Park Fish Stocking

Sec. 231. Definitions.
Sec. 232. Stocking of certain lakes in the North Cascades National Park 
              Service Complex.

   Subtitle E--Petersburg National Battlefield Boundary Modification

Sec. 241. Boundary modification.
Sec. 242. Administrative jurisdiction transfer.

   Subtitle F--Gettysburg National Battlefield Boundary Modification

Sec. 251. Gettysburg National Military Park boundary revision.
Sec. 252. Acquisition and disposal of land.

   Subtitle G--Cane River National Historical Park Curatorial Center

Sec. 261. Collections conservation center.
Sec. 262. Technical corrections.

                  TITLE III--SPECIAL RESOURCE STUDIES

Sec. 301. New Philadelphia, Illinois.
Sec. 302. George C. Marshall Home, Virginia.
Sec. 303. Heart Mountain Relocation Center, Wyoming.
Sec. 304. Colonel Charles Young Home, Ohio.
Sec. 305. United States Civil Rights Trail.
Sec. 306. Camp Hale, Colorado.

          TITLE IV--BLACK REVOLUTIONARY WAR PATRIOTS MEMORIAL

Sec. 401. Finding.
Sec. 402. Definitions.
Sec. 403. Memorial authorization.
Sec. 404. Repeal of joint resolutions.

                      TITLE V--GENERAL AUTHORITIES

  Subtitle A--Revolutionary War and War of 1812 American Battlefield 
                                Funding

Sec. 501. Revolutionary War and War of 1812 American Battlefield 
              protection.

     Subtitle B--National Park Service Miscellaneous Authorizations

Sec. 511. National Park System authorities.
Sec. 512. Pearl Harbor ticketing.
Sec. 513. Changes to national park units.
Sec. 514. Technical corrections.

          DIVISION B--NATIONAL WILDERNESS PRESERVATION SYSTEM

           TITLE XX--ORGAN MOUNTAINS-DESERT PEAKS WILDERNESS

Sec. 2001. Definitions.
Sec. 2002. Designation of wilderness areas.
Sec. 2003. Establishment of National Conservation Areas.
Sec. 2004. General provisions.
Sec. 2005. Prehistoric Trackways National Monument Boundary adjustment.
Sec. 2006. Border security.
Sec. 2007. Authorization of appropriations.

              TITLE XXI--ALPINE LAKES WILDERNESS ADDITIONS

Sec. 2101. Expansion of Alpine Lakes Wilderness.
Sec. 2102. Wild and Scenic River designations.

                TITLE XXII--DEVIL'S STAIRCASE WILDERNESS

Sec. 2201. Definitions.
Sec. 2202. Devil's Staircase Wilderness, Oregon.
Sec. 2203. Wild and Scenic River designations, Wasson Creek and 
              Franklin Creek, Oregon.

             TITLE XXIII--IDAHO WILDERNESS WATER FACILITIES

Sec. 2301. Treatment of existing water diversions in Frank Church-River 
              of No Return Wilderness and Selway-Bitterroot Wilderness, 
              Idaho.

               DIVISION C--FOREST SERVICE AUTHORIZATIONS

        TITLE XXX--CHIMNEY ROCK NATIONAL MONUMENT AUTHORIZATION

Sec. 3001. Definitions.
Sec. 3002. Establishment of Chimney Rock National Monument.
Sec. 3003. Administration.
Sec. 3004. Management plan.
Sec. 3005. Land acquisition.
Sec. 3006. Withdrawal.
Sec. 3007. Effect.
Sec. 3008. Authorization of appropriations.

       TITLE XXXI--NORTH FORK FLATHEAD RIVER WATERSHED PROTECTION

Sec. 3101. Definitions.
Sec. 3102. Withdrawal.

              TITLE XXXII--LAND CONVEYANCES AND EXCHANGES

           Subtitle A--Sugar Loaf Fire District Land Exchange

Sec. 3201. Definitions.
Sec. 3202. Land exchange.

       Subtitle B--Wasatch-Cache National Forest Land Conveyance

Sec. 3211. Definitions.

[[Page 22613]]

Sec. 3212. Conveyance of Federal land to Alta, Utah.

          Subtitle C--Los Padres National Forest Land Exchange

Sec. 3221. Definitions.
Sec. 3222. Land exchange.

                 Subtitle D--Box Elder Land Conveyance

Sec. 3231. Conveyance of certain lands to Mantua, Utah.

                 Subtitle E--Deafy Glade Land Exchange

Sec. 3241. Land exchange, Mendocino National Forest, California.

         Subtitle F--Wallowa Forest Service Compound Conveyance

Sec. 3251. Conveyance to city of Wallowa, Oregon.

        Subtitle G--Sandia Pueblo Settlement Technical Amendment

Sec. 3261. Sandia Pueblo Settlement technical amendment.

                  TITLE XXXIII--GENERAL AUTHORIZATIONS

                   Subtitle A--Ski Areas Summer Uses

Sec. 3301. Purpose.
Sec. 3302. Ski area permits.
Sec. 3303. Effect.

       Subtitle B--National Forest Insect and Disease Authorities

Sec. 3311. Purposes.
Sec. 3312. Definitions.
Sec. 3313. Designation of areas.
Sec. 3314. Support for restoration and response.
Sec. 3315. Authorization of appropriations.

                  Subtitle C--Good Neighbor Authority

Sec. 3321. Good neighbor agreements.

         Subtitle D--Federal Land Avalanche Protection Program

Sec. 3331. Definitions.
Sec. 3332. Avalanche protection program.

         DIVISION D--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS

  TITLE XL--FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION

Sec. 4001. Reauthorization.

           TITLE XLI--NATIONAL VOLCANO EARLY WARNING PROGRAM

Sec. 4101. Definitions.
Sec. 4102. National volcano early warning and monitoring program.
Sec. 4103. Management.
Sec. 4104. Authorization of appropriations.

             TITLE XLII--UPPER CONNECTICUT RIVER WATERSHED

Sec. 4201. Definitions.
Sec. 4202. Connecticut River grants and technical assistance program.
Sec. 4203. Funding limitations.
Sec. 4204. Termination of authority.

            TITLE XLIII--ABANDONED MINE RECLAMATION PAYMENTS

Sec. 4301. Abandoned mine reclamation.

           TITLE XLIV--PUBLIC LANDS SERVICE CORPS AMENDMENTS

Sec. 4401. Amendment to short title.
Sec. 4402. References.
Sec. 4403. Amendments to the Public Lands Service Corps Act of 1993.

            TITLE XLV--PATENT MODIFICATIONS AND VALIDATIONS

Sec. 4501. Whitefish Lighthouse patent modification, Michigan.
Sec. 4502. Southern Nevada patent validation.

                       TITLE XLVI--MISCELLANEOUS

Sec. 4601. Land and water conservation fund.
Sec. 4602. United States Fish and Wildlife Service technical amendment.
Sec. 4603. Public Land Order 2568 technical modification.

                  DIVISION E--NATIONAL HERITAGE AREAS

          TITLE L--SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA

Sec. 5001. Definitions.
Sec. 5002. Susquehanna Gateway National Heritage Area.
Sec. 5003. Designation of local coordinating entity.
Sec. 5004. Management plan.
Sec. 5005. Relationship to other Federal agencies.
Sec. 5006. Private property and regulatory protections.
Sec. 5007. Evaluation; report.
Sec. 5008. Funding limitations.
Sec. 5009. Termination of authority.

          TITLE LI--ALABAMA BLACK BELT NATIONAL HERITAGE AREA

Sec. 5101. Definitions.
Sec. 5102. Designation of Alabama Black Belt National Heritage Area.
Sec. 5103. Local coordinating entity.
Sec. 5104. Management plan.
Sec. 5105. Evaluation; report.
Sec. 5106. Relationship to other Federal agencies.
Sec. 5107. Private property and regulatory protections.
Sec. 5108. Funding limitations.
Sec. 5109. Use of Federal funds from other sources.
Sec. 5110. Termination of financial assistance.

       TITLE LII--FUNDING LIMITATIONS FOR NATIONAL HERITAGE AREAS

Sec. 5201. Funding limitations for national heritage areas.

          DIVISION F--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

        TITLE LX--NATIONAL CONSERVATION AREAS AND HISTORIC SITES

      Subtitle A--Rio Grande Del Norte National Conservation Area

Sec. 6001. Definitions.
Sec. 6002. Establishment of National Conservation Area.
Sec. 6003. Designation of wilderness areas.
Sec. 6004. General provisions.
Sec. 6005. Authorization of appropriations.

                Subtitle B--Gold Hill Ranch, California

Sec. 6011. Definitions.
Sec. 6012. Gold Hill Ranch.
Sec. 6013. Authorization of appropriations.

                 Subtitle C--Orange County, California

Sec. 6021. Preservation of rocks and small islands along the coast of 
              Orange County, California.

               TITLE LXI--LAND CONVEYANCES AND EXCHANGES

           Subtitle A--Salmon Lake Land Selection Resolution

Sec. 6101. Purpose.
Sec. 6102. Definitions.
Sec. 6103. Ratification and implementation of agreement.

      Subtitle B--Southern Nevada Higher Education Land Conveyance

Sec. 6111. Definitions.
Sec. 6112. Conveyances of Federal land to the System.
Sec. 6113. Authorization of appropriations.

              Subtitle C--La Pine, Oregon, Land Conveyance

Sec. 6121. Definitions.
Sec. 6122. Conveyances of land.

               TITLE LXII--SLOAN HILLS MINERAL WITHDRAWAL

Sec. 6201. Withdrawal of Sloan Hills Area of Clark County, Nevada.

                     DIVISION G--RIVERS AND TRAILS

      TITLE LXX--NATIONAL WILD AND SCENIC RIVERS SYSTEM AMENDMENTS

Sec. 7001. Molalla River, Oregon.
Sec. 7002. Illabot Creek, Washington.
Sec. 7003. White Clay Creek.
Sec. 7004. Elk River, West Virginia.

              TITLE LXXI--NATIONAL TRAIL SYSTEM AMENDMENTS

Sec. 7101. North Country National Scenic Trail Route adjustment.

            DIVISION H--WATER AND HYDROPOWER AUTHORIZATIONS

        TITLE LXXX--BUREAU OF RECLAMATION PROJECT AUTHORIZATIONS

Sec. 8001. Magna Water District.
Sec. 8002. Bay Area regional water recycling program.
Sec. 8003. Calleguas water project.
Sec. 8004. Hermiston, Oregon, water recycling and reuse project.
Sec. 8005. Central Valley Project water transfers.
Sec. 8006. Land withdrawal and reservation for Cragin Project.
Sec. 8007. Leadville Mine Drainage Tunnel.
Sec. 8008. Reauthorization of base funding for fish recovery programs.

                        TITLE LXXXI--HYDROPOWER

Sec. 8101. American Falls Reservoir hydro license extension.
Sec. 8102. Little Wood River Ranch hydro license extension.
Sec. 8103. Bonneville Unit hydropower.
Sec. 8104. Hoover power plant allocation.

                      TITLE LXXXII--MISCELLANEOUS

Sec. 8201. Uintah Water Conservancy District prepayment.
Sec. 8202. Tule River Tribe water development.
Sec. 8203. Inland Empire ground water assessment.

                       DIVISION I--INSULAR AREAS

Sec. 9001. Conveyance of certain submerged land to the Commonwealth of 
              the Northern Mariana Islands.

  DIVISION J--WILDLIFE CONSERVATION AND WATER QUALITY PROTECTION AND 
                              RESTORATION

          TITLE C--WILDLIFE AND WILDLIFE HABITAT CONSERVATION

             Subtitle A--National Fish Habitat Conservation

Sec. 10001. Short title.
Sec. 10002. Findings; purpose.
Sec. 10003. Definitions.
Sec. 10004. National Fish Habitat Board.
Sec. 10005. Fish habitat partnerships.
Sec. 10006. Fish habitat conservation projects.
Sec. 10007. National Fish Habitat Conservation Partnership Office.
Sec. 10008. Technical and scientific assistance.
Sec. 10009. Conservation of aquatic habitat for fish and other aquatic 
              organisms on Federal land.
Sec. 10010. Coordination with States and Indian tribes.
Sec. 10011. Accountability and reporting.
Sec. 10012. Regulations.
Sec. 10013. Effect of subtitle.
Sec. 10014. Nonapplicability of Federal Advisory Committee Act.
Sec. 10015. Funding.

         Subtitle B--Marine Turtle Conservation Reauthorization

Sec. 10011. Short title.

[[Page 22614]]

Sec. 10012. Amendments to provisions preventing funding of projects in 
              the United States.
Sec. 10013. Limitations on expenditures.
Sec. 10014. Reauthorization of the Marine Turtle Conservation Act of 
              2004.

       Subtitle C--Neotropical Bird Conservation Reauthorization

Sec. 10021. Reauthorization of Neotropical Migratory Bird Conservation 
              Act.

              Subtitle D--Joint Ventures for Bird Habitat

Sec. 10031. Short title.
Sec. 10032. Findings and purpose.
Sec. 10033. Definitions.
Sec. 10034. Joint Ventures Program.
Sec. 10035. Joint Venture establishment and administration.
Sec. 10036. Grants and other assistance.
Sec. 10037. Reporting requirements.
Sec. 10038. Treatment of existing joint ventures.
Sec. 10039. Relationship to other authorities.
Sec. 10040. Federal Advisory Committee Act.

                     Subtitle E--Crane Conservation

Sec. 10041. Short title.
Sec. 10042. Purposes.
Sec. 10043. Definitions.
Sec. 10044. Crane conservation assistance.
Sec. 10045. Crane Conservation Fund.
Sec. 10046. Advisory group.
Sec. 10047. Funding.

          Subtitle F--Great Cats and Rare Canids Conservation

Sec. 10051. Short title.
Sec. 10052. Purposes.
Sec. 10053. Definitions.
Sec. 10054. Great Cats and Rare Canids Conservation Fund.
Sec. 10055. Financial assistance.
Sec. 10056. Study of conservation status of felid and canid species.
Sec. 10057. Authorization of appropriations.

     Subtitle G--Junior Duck Stamp Conservation and Design Program

Sec. 10061. Short title.
Sec. 10062. Findings.
Sec. 10063. Reporting requirement.
Sec. 10064. Authorization of appropriations.

              Subtitle H--Additional Conservation Funding

Sec. 10071. Great Ape Conservation Act of 2000.
Sec. 10072. African Elephant Conservation Act.
Sec. 10073. Asian Elephant Conservation Act of 1997.
Sec. 10074. Rhinoceros and Tiger Conservation Act of 1994.

                   TITLE CI--INVASIVE SPECIES CONTROL

Sec. 10101. Short title.
Sec. 10102. Findings; purpose.
Sec. 10103. Definitions.
Sec. 10104. Nutria eradication program.
Sec. 10105. Report.

          TITLE CII--WATER RESOURCE RESTORATION AND PROTECTION

         Subtitle A--Gulf of Mexico Restoration and Protection

Sec. 10201. Short title.
Sec. 10202. Findings and purposes.
Sec. 10203. Gulf of Mexico restoration and protection.

                   Subtitle B--Lake Tahoe Restoration

Sec. 10211. Short title.
Sec. 10212. Findings and purposes.
Sec. 10213. Definitions.
Sec. 10214. Administration of the Lake Tahoe Basin Management Unit.
Sec. 10215. Consultation.
Sec. 10216. Authorized projects.
Sec. 10217. Environmental restoration priority list.
Sec. 10218. Relationship to other laws.
Sec. 10219. Authorization of appropriations.
Sec. 10220. Conforming amendments.

                      Subtitle C--Clean Estuaries

Sec. 10221. Short title.
Sec. 10222. National Estuary Program amendments.

                  Subtitle D--Puget Sound Restoration

Sec. 10231. Puget Sound restoration.

              Subtitle E--Columbia River Basin Restoration

Sec. 10241. Short title.
Sec. 10242. Findings.
Sec. 10243. Columbia River Basin restoration.

              Subtitle F--Great Lakes Ecosystem Protection

Sec. 10251. Short title.
Sec. 10252. Great Lakes provision modifications.
Sec. 10253. Contaminated sediment remediation approaches, technologies, 
              and techniques.
Sec. 10254. Aquatic nuisance species.

               Subtitle G--Long Island Sound Restoration

Sec. 10261. Short title.
Sec. 10262. Amendments.
Sec. 10263. Innovative stormwater management approaches.
Sec. 10264. Nutrient bioextraction pilot project.

      Subtitle H--Chesapeake Clean Water and Ecosystem Restoration

Sec. 10271. Short title.
Sec. 10272. Chesapeake Basin program.
Sec. 10273. Federal enforcement.
Sec. 10274. Federal responsibility to pay for stormwater programs.
Sec. 10275. Relationship to National Estuary Program.
Sec. 10276. Separate appropriations account.
Sec. 10277. Chesapeake Basin assurance standards.

               Subtitle I--San Francisco Bay Restoration

Sec. 10281. Short title.
Sec. 10282. San Francisco Bay restoration grant program.

     TITLE CIII--WATER QUALITY PROTECTION AND RESTORATION PROGRAMS

        Subtitle A--Clean Coastal Environment and Public Health

Sec. 10301. Short title.
Sec. 10302. Federal Water Pollution Control Act amendments.
Sec. 10303. Funding for Beaches Environmental Assessment and Coastal 
              Health Act.
Sec. 10304. Study of grant distribution formula.
Sec. 10305. Impact of climate change on pollution of coastal recreation 
              waters.
Sec. 10306. Impact of nutrients on pollution of coastal recreation 
              waters.

      Subtitle B--Chesapeake Bay Gateways and Watertrails Network

Sec. 10311. Chesapeake Bay gateways and watertrails network continuing 
              authorization.

            Subtitle C--Water Resources Research Amendments

Sec. 10321. Water Resources Research Act amendments.

               TITLE CIV--NATIONAL WOMEN'S HISTORY MUSEUM

Sec. 10401. Short title.
Sec. 10402. Definitions.
Sec. 10403. Conveyance of property.
Sec. 10404. Environmental matters.
Sec. 10405. Incidental costs.
Sec. 10406. Land use approvals.
Sec. 10407. Reports.

                    DIVISION K--OCEANS AND FISHERIES

           TITLE CXI--PACIFIC SALMON STRONGHOLD CONSERVATION

Sec. 11101. Short title.
Sec. 11102. Findings; purposes.
Sec. 11103. Definitions.
Sec. 11104. Salmon Stronghold Partnership.
Sec. 11105. Information and assessment.
Sec. 11106. Salmon stronghold watershed grants and technical assistance 
              program.
Sec. 11107. Interagency cooperation.
Sec. 11108. International cooperation.
Sec. 11109. Acquisition and transfer of real property interests.
Sec. 11110. Administrative provisions.
Sec. 11111. Limitations.
Sec. 11112. Reports to Congress.
Sec. 11113. Authorization of appropriations.

                     TITLE CXII--SHARK CONSERVATION

Sec. 11201. Short title.
Sec. 11202. Amendment of High Seas Driftnet Fishing Moratorium 
              Protection Act.
Sec. 11203. Amendment of Magnuson-Stevens Fishery Conservation and 
              Management Act.

              TITLE CXIII--MARINE MAMMAL RESCUE ASSISTANCE

Sec. 11301. Short title.
Sec. 11302. Stranding and entanglement response.

          TITLE CXIV--SOUTHERN SEA OTTER RECOVERY AND RESEARCH

Sec. 11401. Short title.
Sec. 11402. Definitions.
Sec. 11403. Southern sea otter recovery and research program.
Sec. 11404. Authorization of appropriations.
Sec. 11405. Termination.

     TITLE CXV--INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT

Sec. 11501. Short title.

   Subtitle A--Administration and Enforcement of Certain Fishery and 
                            Related Statutes

Sec. 11511. Authority of the Secretary to enforce statutes.
Sec. 11512. Conforming, minor, and technical amendments.
Sec. 11513. Illegal, unreported, or unregulated fishing.
Sec. 11514. Liability.

        Subtitle B--Law Enforcement and International Operations

Sec. 11521. International fisheries enforcement program.
Sec. 11522. International cooperation and assistance program.

                  Subtitle C--Miscellaneous Amendments

Sec. 11531. Atlantic Tunas Convention Act of 1975.
Sec. 11532. Data sharing.
Sec. 11533. Permits under the High Seas Fishing Compliance Act of 1995.
Sec. 11534. Technical corrections to the Western and Central Pacific 
              Fisheries Convention Implementation Act.
Sec. 11535. Pacific Whiting Act of 2006.
Sec. 11536. Clarification of existing authority.
Sec. 11537. Reauthorizations.

          Subtitle D--Implementation of the Antigua Convention

Sec. 11541. Short title.

[[Page 22615]]

Sec. 11542. Amendment of the Tuna Conventions Act of 1950.
Sec. 11543. Definitions.
Sec. 11544. Commissioners, number, appointment, and qualifications.
Sec. 11545. General Advisory Committee and Scientific Advisory 
              Subcommittee.
Sec. 11546. Rulemaking.
Sec. 11547. Prohibited acts.
Sec. 11548. Enforcement.
Sec. 11549. Reduction of bycatch.
Sec. 11550. Repeal of Eastern Pacific Tuna Licensing Act of 1984.

  TITLE CXVI--GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE 
            SANCTUARIES BOUNDARY MODIFICATION AND PROTECTION

Sec. 11601. Short title.
Sec. 11602. Findings.
Sec. 11603. Policy and purpose.
Sec. 11604. Definitions.
Sec. 11605. National marine sanctuary boundary adjustments.
Sec. 11606. Management plans and regulations.
Sec. 11607. Authorization of appropriations.

           TITLE CXVII--THUNDER BAY NATIONAL MARINE SANCTUARY

Sec. 11701. Short title.
Sec. 11702. Findings and purposes.
Sec. 11703. Definitions.
Sec. 11704. Sanctuary boundary adjustment.
Sec. 11705. Extension of regulations and management.

    TITLE CXVIII--NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE 
                     REAUTHORIZATION AND EXPANSION

Sec. 11801. Short title.
Sec. 11802. Reauthorization of Northwest Straits Marine Conservation 
              Initiative Act.

     TITLE CXIX--HARMFUL ALGAL BLOOMS HYPOXIA RESEARCH AND CONTROL

Sec. 11901. Short title.
Sec. 11902. Amendment of Harmful Algal Bloom and Hypoxia Research and 
              Control Act of 1998.
Sec. 11903. Findings.
Sec. 11904. Purposes.
Sec. 11905. Interagency Task Force on Harmful Algal Blooms and Hypoxia.
Sec. 11906. National harmful algal bloom and hypoxia program.
Sec. 11907. Regional Research and Action Plans.
Sec. 11908. Reporting.
Sec. 11909. Northern Gulf of Mexico Hypoxia.
Sec. 11910. Authorization of appropriations.
Sec. 11911. Definitions.
Sec. 11912. Application with other laws.

TITLE CXXI--CHESAPEAKE BAY SCIENCE, EDUCATION AND ECOSYSTEM ENHANCEMENT

Sec. 12101. Short title.
Sec. 12102. Reauthorization of Chesapeake Bay Office of National 
              Oceanic and Atmospheric Administration.

            TITLE CXXII--CORAL REEF CONSERVATION AMENDMENTS

Sec. 12201. Short title.
Sec. 12202. Amendment of Coral Reef Conservation Act of 2000.
Sec. 12203. Purposes.
Sec. 12204. National coral reef action strategy.
Sec. 12205. Coral reef conservation program.
Sec. 12206. Coral Reef Conservation Fund.
Sec. 12207. Agreements; redesignations.
Sec. 12208. Emergency assistance.
Sec. 12209. National program.
Sec. 12210. Study of trade in corals.
Sec. 12211. International coral reef conservation activities.
Sec. 12212. Community-based planning grants.
Sec. 12213. Vessel grounding inventory.
Sec. 12214. Prohibited activities.
Sec. 12215. Destruction of coral reefs.
Sec. 12216. Enforcement.
Sec. 12217. Permits.
Sec. 12218. Regional, State, and territorial coordination.
Sec. 12219. Regulations.
Sec. 12220. Effectiveness and assessment report.
Sec. 12221. Authorization of appropriations.
Sec. 12222. Judicial review.
Sec. 12223. Definitions.

              DIVISION L--INDIAN HOMELANDS AND TRUST LAND

                      TITLE CXXX--LEASE AUTHORITY

Sec. 13001. Short title.
Sec. 13002. Finding; purposes.
Sec. 13003. Definitions.
Sec. 13004. Extinguishment of claims and title.
Sec. 13005. Land to be placed in trust for tribes.
Sec. 13006. Trust land to be converted to fee land.
Sec. 13007. Tribal trust fund account and allottee trust account.
Sec. 13008. Attorney fees.
Sec. 13009. Effect on original reservation boundary.
Sec. 13010. Effect on tribal water rights.
Sec. 13011. Disclaimers regarding claims.
Sec. 13012. Funding.
Sec. 13013. Effective date.

                     DIVISION M--BUDGETARY EFFECTS

Sec. 14001. Budgetary effects.

            DIVISION A--NATIONAL PARK SERVICE AUTHORIZATIONS

             TITLE I--ADDITIONS TO THE NATIONAL PARK SYSTEM

              Subtitle A--Valles Caldera National Preserve

     SEC. 101. DEFINITIONS.

       In this subtitle:
       (1) Eligible employee.--The term ``eligible employee'' 
     means a person who was a full-time or part-time employee of 
     the Trust during the 180-day period immediately preceding the 
     date of enactment of this Act.
       (2) Fund.--The term ``Fund'' means the Valles Caldera Fund 
     established by section 106(h)(2) of the Valles Caldera 
     Preservation Act (16 U.S.C. 698v-4(h)(2)).
       (3) Preserve.--The term ``Preserve'' means the Valles 
     Caldera National Preserve in the State.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of New 
     Mexico.
       (6) Trust.--The term ``Trust'' means the Valles Caldera 
     Trust established by section 106(a) of the Valles Caldera 
     Preservation Act (16 U.S.C. 698v-4(a)).

     SEC. 102. VALLES CALDERA NATIONAL PRESERVE.

       (a) Designation as Unit of the National Park System.--To 
     protect, preserve, and restore the fish, wildlife, watershed, 
     natural, scientific, scenic, geologic, historic, cultural, 
     archaeological, and recreational values of the area, the 
     Valles Caldera National Preserve is designated as a unit of 
     the National Park System.
       (b) Management.--
       (1) Applicable law.--The Secretary shall administer the 
     Preserve in accordance with--
       (A) this subtitle; and
       (B) the laws generally applicable to units of the National 
     Park System, including--
       (i) the National Park Service Organic Act (16 U.S.C. 1 et 
     seq.); and
       (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
       (2) Management coordination.--The Secretary may coordinate 
     the management and operations of the Preserve with the 
     Bandelier National Monument.
       (3) Management plan.--
       (A) In general.--Not later than 3 fiscal years after the 
     date on which funds are made available to implement this 
     subsection, the Secretary shall prepare a management plan for 
     the Preserve.
       (B) Applicable law.--The management plan shall be prepared 
     in accordance with--
       (i) section 12(b) of Public Law 91-383 (commonly known as 
     the ``National Park Service General Authorities Act'') (16 
     U.S.C. 1a-7(b)); and
       (ii) any other applicable laws.
       (C) Consultation.--The management plan shall be prepared in 
     consultation with--
       (i) the Secretary of Agriculture;
       (ii) State and local governments;
       (iii) Indian tribes and pueblos, including the Pueblos of 
     Jemez, Santa Clara, and San Ildefonso; and
       (iv) the public.
       (c) Acquisition of Land.--
       (1) In general.--The Secretary may acquire land and 
     interests in land within the boundaries of the Preserve by--
       (A) purchase with donated or appropriated funds;
       (B) donation; or
       (C) transfer from another Federal agency.
       (2) Administration of acquired land.--On acquisition of any 
     land or interests in land under paragraph (1), the acquired 
     land or interests in land shall be administered as part of 
     the Preserve.
       (d) Science and Education Program.--
       (1) In general.--The Secretary shall--
       (A) until the date on which a management plan is completed 
     in accordance with subsection (b)(3), carry out the science 
     and education program for the Preserve established by the 
     Trust; and
       (B) beginning on the date on which a management plan is 
     completed in accordance with subsection (b)(3), establish a 
     science and education program for the Preserve that--
       (i) allows for research and interpretation of the natural, 
     historic, cultural, geologic and other scientific features of 
     the Preserve;
       (ii) provides for improved methods of ecological 
     restoration and science-based adaptive management of the 
     Preserve; and
       (iii) promotes outdoor educational experiences in the 
     Preserve.
       (2) Science and education center.--As part of the program 
     established under paragraph (1)(B), the Secretary may 
     establish a science and education center outside the 
     boundaries of the Preserve.
       (e) Grazing.--The Secretary may allow the grazing of 
     livestock within the Preserve to continue--
       (1) consistent with this subtitle; and
       (2) to the extent the use furthers scientific research or 
     interpretation of the ranching history of the Preserve.
       (f) Fish and Wildlife.--Nothing in this subtitle affects 
     the responsibilities of the State with respect to fish and 
     wildlife in the State, except that the Secretary, in 
     consultation with the New Mexico Department of Game and 
     Fish--

[[Page 22616]]

       (1) shall permit hunting and fishing on land and water 
     within the Preserve in accordance with applicable Federal and 
     State laws; and
       (2) may designate zones in which, and establish periods 
     during which, no hunting or fishing shall be permitted for 
     reasons of public safety, administration, the protection of 
     wildlife and wildlife habitats, or public use and enjoyment.
       (g) Ecological Restoration.--
       (1) In general.--The Secretary shall undertake activities 
     to improve the health of forest, grassland, and riparian 
     areas within the Preserve, including any activities carried 
     out in accordance with title IV of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 7301 et seq.).
       (2) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with adjacent pueblos to coordinate 
     activities carried out under paragraph (1) on the Preserve 
     and adjacent pueblo land.
       (h) Withdrawal.--Subject to valid existing rights, all land 
     and interests in land within the boundaries of the Preserve 
     are withdrawn from--
       (1) entry, disposal, or appropriation under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing laws, geothermal 
     leasing laws, and mineral materials laws.
       (i) Volcanic Domes and Other Peaks.--
       (1) In general.--Except as provided in paragraph (3), for 
     the purposes of preserving the natural, cultural, religious, 
     archaeological, and historic resources of the volcanic domes 
     and other peaks in the Preserve described in paragraph (2) 
     within the area of the domes and peaks above 9,600 feet in 
     elevation or 250 feet below the top of the dome, whichever is 
     lower--
       (A) no roads or buildings shall be constructed; and
       (B) no motorized access shall be allowed.
       (2) Description of volcanic domes.--The volcanic domes and 
     other peaks referred to in paragraph (1) are--
       (A) Redondo Peak;
       (B) Redondito;
       (C) South Mountain;
       (D) San Antonio Mountain;
       (E) Cerro Seco;
       (F) Cerro San Luis;
       (G) Cerros Santa Rosa;
       (H) Cerros del Abrigo;
       (I) Cerro del Medio;
       (J) Rabbit Mountain;
       (K) Cerro Grande;
       (L) Cerro Toledo;
       (M) Indian Point;
       (N) Sierra de los Valles; and
       (O) Cerros de los Posos.
       (3) Exception.--Paragraph (1) shall not apply in cases in 
     which construction or motorized access is necessary for 
     administrative purposes (including ecological restoration 
     activities or measures required in emergencies to protect the 
     health and safety of persons in the area).
       (j) Traditional Cultural and Religious Sites.--
       (1) In general.--The Secretary, in consultation with Indian 
     tribes and pueblos, shall ensure the protection of 
     traditional cultural and religious sites in the Preserve.
       (2) Access.--The Secretary, in accordance with Public Law 
     95-341 (commonly known as the ``American Indian Religious 
     Freedom Act'') (42 U.S.C. 1996)--
       (A) shall provide access to the sites described in 
     paragraph (1) by members of Indian tribes or pueblos for 
     traditional cultural and customary uses; and
       (B) may, on request of an Indian tribe or pueblo, 
     temporarily close to general public use 1 or more specific 
     areas of the Preserve to protect traditional cultural and 
     customary uses in the area by members of the Indian tribe or 
     pueblo.
       (3) Prohibition on motorized access.--The Secretary shall 
     maintain prohibitions on the use of motorized or mechanized 
     travel on Preserve land located adjacent to the Santa Clara 
     Indian Reservation, to the extent the prohibition was in 
     effect on the date of enactment of this Act.
       (k) Caldera Rim Trail.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Agriculture, affected Indian tribes and 
     pueblos, and the public, shall study the feasibility of 
     establishing a hiking trail along the rim of the Valles 
     Caldera on--
       (A) land within the Preserve; and
       (B) National Forest System land that is adjacent to the 
     Preserve.
       (2) Agreements.--On the request of an affected Indian tribe 
     or pueblo, the Secretary and the Secretary of Agriculture 
     shall seek to enter into an agreement with the Indian tribe 
     or pueblo with respect to the Caldera Rim Trail that provides 
     for the protection of--
       (A) cultural and religious sites in the vicinity of the 
     trail; and
       (B) the privacy of adjacent pueblo land.
       (l) Valid Existing Rights.--Nothing in this subtitle 
     affects valid existing rights.

     SEC. 103. TRANSFER OF ADMINISTRATIVE JURISDICTION.

       (a) In General.--Administrative jurisdiction over the 
     Preserve is transferred from the Secretary of Agriculture and 
     the Trust to the Secretary, to be administered as a unit of 
     the National Park System, in accordance with section 102.
       (b) Exclusion From Santa Fe National Forest.--The 
     boundaries of the Santa Fe National Forest are modified to 
     exclude the Preserve.
       (c) Interim Management.--
       (1) Memorandum of agreement.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary and the 
     Trust shall enter into a memorandum of agreement to 
     facilitate the orderly transfer to the Secretary of the 
     administration of the Preserve.
       (2) Existing management plans.--Notwithstanding the repeal 
     made by section 104(a), until the date on which the Secretary 
     completes a management plan for the Preserve in accordance 
     with section 102(b)(3), the Secretary may administer the 
     Preserve in accordance with any management activities or 
     plans adopted by the Trust under the Valles Caldera 
     Preservation Act (16 U.S.C. 698v et seq.), to the extent the 
     activities or plans are consistent with section 102(b)(1).
       (3) Public use.--The Preserve shall remain open to public 
     use during the interim management period, subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (d) Valles Caldera Trust.--
       (1) Termination.--The Trust shall terminate 180 days after 
     the date of enactment of this Act unless the Secretary 
     determines that the termination date should be extended to 
     facilitate the transitional management of the Preserve.
       (2) Assets and liabilities.--
       (A) Assets.--On termination of the Trust--
       (i) all assets of the Trust shall be transferred to the 
     Secretary; and
       (ii) any amounts appropriated for the Trust shall remain 
     available to the Secretary for the administration of the 
     Preserve.
       (B) Assumption of obligations.--
       (i) In general.--On termination of the Trust, the Secretary 
     shall assume all contracts, obligations, and other 
     liabilities of the Trust.
       (ii) New liabilities.--

       (I) Budget.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary and the Trust shall 
     prepare a budget for the interim management of the Preserve.
       (II) Written concurrence required.--The Trust shall not 
     incur any new liabilities not authorized in the budget 
     prepared under subclause (I) without the written concurrence 
     of the Secretary.

       (3) Personnel.--
       (A) Hiring.--The Secretary and the Secretary of Agriculture 
     may hire employees of the Trust on a noncompetitive basis for 
     comparable positions at the Preserve or other areas or 
     offices under the jurisdiction of the Secretary or the 
     Secretary of Agriculture.
       (B) Salary.--Any employees hired from the Trust under 
     subparagraph (A) shall be subject to the provisions of 
     chapter 51, and subchapter III of chapter 53, title 5, United 
     States Code, relating to classification and General Schedule 
     pay rates.
       (C) Interim retention of eligible employees.--For a period 
     of not less than 180 days beginning on the date of enactment 
     of this Act, all eligible employees of the Trust shall be--
       (i) retained in the employment of the Trust;
       (ii) considered to be placed on detail to the Secretary; 
     and
       (iii) subject to the direction of the Secretary.
       (D) Termination for cause.--Nothing in this paragraph 
     precludes the termination of employment of an eligible 
     employee for cause during the period described in 
     subparagraph (C).
       (4) Records.--The Secretary shall have access to all 
     records of the Trust pertaining to the management of the 
     Preserve.
       (5) Valles caldera fund.--
       (A) In general.--Effective on the date of enactment of this 
     Act, the Secretary shall assume the powers of the Trust over 
     the Fund.
       (B) Availability and use.--Any amounts in the Fund as of 
     the date of enactment of this Act shall be available to the 
     Secretary for use, without further appropriation, for the 
     management of the Preserve.

     SEC. 104. REPEAL OF VALLES CALDERA PRESERVATION ACT.

       (a) Repeal.--On the termination of the Trust, the Valles 
     Caldera Preservation Act (16 U.S.C. 698v et seq.) is 
     repealed.
       (b) Effect of Repeal.--Notwithstanding the repeal made by 
     subsection (a)--
       (1) the authority of the Secretary of Agriculture to 
     acquire mineral interests under section 104(e) of the Valles 
     Caldera Preservation Act (16 U.S.C. 698v-2(e)) is transferred 
     to the Secretary and any proceeding for the condemnation of, 
     or payment of compensation for, an outstanding mineral 
     interest pursuant to the transferred authority shall 
     continue;
       (2) the provisions in section 104(g) of the Valles Caldera 
     Preservation Act (16 U.S.C. 698v-2(g)) relating to the Pueblo 
     of Santa Clara shall remain in effect; and
       (3) the Fund shall not be terminated until all amounts in 
     the Fund have been expended by the Secretary.

[[Page 22617]]

       (c) Boundaries.--The repeal of the Valles Caldera 
     Preservation Act (16 U.S.C. 698v et seq.) shall not affect 
     the boundaries as of the date of enactment of this Act 
     (including maps and legal descriptions) of--
       (1) the Preserve;
       (2) the Santa Fe National Forest (other than the 
     modification made by section 103(b));
       (3) Bandelier National Monument; and
       (4) any land conveyed to the Pueblo of Santa Clara.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

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

               Subtitle B--Waco Mammoth National Monument

     SEC. 111. DEFINITIONS.

       In this subtitle the following definitions apply:
       (1) National monument.--The term ``national monument'' 
     means the Waco Mammoth National Monument, established in 
     section 112.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3)  Map.--The term ``map'' means the map titled ``Proposed 
     Boundary Waco-Mammoth National Monument'', numbered T21/
     80,000, and dated April, 2009.

     SEC. 112. WACO MAMMOTH NATIONAL MONUMENT, TEXAS.

       (a) Establishment.--There is established the Waco Mammoth 
     National Monument in the State of Texas, as a unit of the 
     National Park System, as generally depicted on the map.
       (b) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.

     SEC. 113. ADMINISTRATION OF NATIONAL MONUMENT.

       (a) In General.--The Secretary shall administer the 
     national monument in accordance with this subtitle, the 
     cooperative agreements described in this section, and laws 
     and regulations generally applicable to units of the National 
     Park System, including the National Park Service Organic Act 
     (39 Stat. 535, 16 U.S.C. 1).
       (b) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements for the management of the national 
     monument with Baylor University and City of Waco, pursuant to 
     the National Park Service General Authorities Act (16 U.S.C. 
     1a-2(1)).

     SEC. 114. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT.

       (a) Acquisition of Property.--The Secretary is authorized 
     to acquire from willing sellers lands, or interests in lands, 
     within the proposed boundary of the national monument 
     necessary for effective management.
       (b) Conditions.--Lands identified in subsection (a) may be 
     acquired--
       (1) by donation, purchase with donated or appropriated 
     funds, transfer from another Federal agency, or by exchange; 
     and
       (2) in the case of lands owned by the State of Texas, or a 
     political subdivision thereof, or Baylor University only by 
     donation or exchange.

     SEC. 115. CONSTRUCTION OF FACILITIES ON NON-FEDERAL LANDS.

       (a) In General.--The Secretary is authorized, subject to 
     the appropriation of necessary funds, to construct essential 
     administrative or visitor use facilities on non-Federal lands 
     within the national monument.
       (b) Other Funding.--In addition to the use of Federal funds 
     authorized in subsection (a), the Secretary may use donated 
     funds, property, and services to carry out this section.

     SEC. 116. GENERAL MANAGEMENT PLAN.

       (a) In General.--Not later than three years after the date 
     on which funds are made available to carry out this subtitle, 
     the Secretary, in consultation with Baylor University and 
     City of Waco, shall prepare a management plan for the 
     national monument.
       (b) Inclusions.--The management plan shall include, at a 
     minimum--
       (1) measures for the preservation of the resources of the 
     national monument;
       (2) requirements for the type and extent of development and 
     use of the national monument;
       (3) identification of visitor carrying capacities for 
     national monument; and
       (4) opportunities for involvement by Baylor University, the 
     City of Waco, the State of Texas, and other local and 
     national entities in the formulation of educational programs 
     for the national monument and for developing and supporting 
     the national monument.

          TITLE II--EXISTING UNITS OF THE NATIONAL PARK SYSTEM

          Subtitle A--Oregon Caves National Monument Expansion

     SEC. 201. DEFINITIONS.

       In this subtitle:
       (1) Map.--The term ``map'' means the map entitled ``Oregon 
     Caves National Monument and Preserve'', numbered 150/80,023, 
     and dated May 2010.
       (2) Monument.--The term ``Monument'' means the Oregon Caves 
     National Monument established by Presidential Proclamation 
     Number 876 (36 Stat. 2497), dated July 12, 1909.
       (3) National monument and preserve.--The term ``National 
     Monument and Preserve'' means the Oregon Caves National 
     Monument and Preserve designated by section 202(a)(1).
       (4) National preserve.--The term ``National Preserve'' 
     means the National Preserve designated by section 202(a)(2).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture (acting through the Chief 
     of the Forest Service), with respect to National Forest 
     System land; and
       (B) the Secretary of the Interior, with respect to land 
     managed by the Bureau of Land Management.
       (7) State.--The term ``State'' means the State of Oregon.

     SEC. 202. DESIGNATIONS; LAND TRANSFER; BOUNDARY ADJUSTMENT.

       (a) Designations.--
       (1) In general.--The Monument and the National Preserve 
     shall be administered as a single unit of the National Park 
     System and collectively known and designated as the ``Oregon 
     Caves National Monument and Preserve''.
       (2) National preserve.--The approximately 4,070 acres of 
     land identified on the map as ``Proposed Addition Lands'' 
     shall be designated as a National Preserve.
       (b) Transfer of Administrative Jurisdiction.--
       (1) In general.--Administrative jurisdiction over the land 
     designated as a National Preserve under subsection (a)(2) is 
     transferred from the Secretary of Agriculture to the 
     Secretary, to be administered as part of the National 
     Monument and Preserve.
       (2) Exclusion of land.--The boundaries of the Rogue River-
     Siskiyou National Forest are adjusted to exclude the land 
     transferred under paragraph (1).
       (c) Boundary Adjustment.--The boundary of the National 
     Monument and Preserve is modified to exclude approximately 4 
     acres of land--
       (1) located in the City of Cave Junction; and
       (2) identified on the map as the ``Cave Junction Unit''.
       (d) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (e) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Monument shall be considered to be a reference to the 
     ``Oregon Caves National Monument and Preserve''.

     SEC. 203. ADMINISTRATION.

       (a) In General.--The Secretary shall administer the 
     National Monument and Preserve in accordance with--
       (1) this subtitle;
       (2) Presidential Proclamation Number 876 (36 Stat. 2497), 
     dated July 12, 1909; and
       (3) any law (including regulations) generally applicable to 
     units of the National Park System, including the National 
     Park Service Organic Act (16 U.S.C. 1 et seq.).
       (b) Fire Management.--As soon as practicable after the date 
     of enactment of this Act, in accordance with subsection (a), 
     the Secretary shall--
       (1) revise the fire management plan for the Monument to 
     include the land transferred under section 202(b)(1); and
       (2) in accordance with the revised plan, carry out 
     hazardous fuel management activities within the boundaries of 
     the National Monument and Preserve.
       (c) Existing Forest Service Contracts.--
       (1) In general.--The Secretary shall--
       (A) allow for the completion of any Forest Service 
     stewardship or service contract executed as of the date of 
     enactment of this Act with respect to the National Preserve; 
     and
       (B) recognize the authority of the Secretary of Agriculture 
     for the purpose of administering a contract described in 
     subparagraph (A) through the completion of the contract.
       (2) Terms and conditions.--All terms and conditions of a 
     contract described in paragraph (1)(A) shall remain in place 
     for the duration of the contract.
       (3) Liability.--The Forest Service shall be responsible for 
     any liabilities relating to a contract described in paragraph 
     (1)(A).
       (d) Grazing.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may allow the grazing of livestock within the National 
     Preserve to continue as authorized under permits or leases in 
     existence as of the date of enactment of this Act.
       (2) Applicable law.--Grazing under paragraph (1) shall be--
       (A) at a level not greater than the level at which the 
     grazing exists as of the date of enactment of this Act, as 
     measured in Animal Unit Months; and
       (B) in accordance with each applicable law (including 
     National Park Service regulations).
       (e) Fish and Wildlife.--The Secretary shall permit hunting 
     and fishing on land and waters within the National Preserve 
     in accordance with applicable Federal and State laws, except 
     that the Secretary may, in consultation with the Oregon 
     Department of Fish and Wildlife, designate zones in which, 
     and establish periods during which, no hunting or fishing 
     shall be permitted for reasons

[[Page 22618]]

     of public safety, administration, or compliance by the 
     Secretary with any applicable law (including regulations).

     SEC. 204. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.

       (a) Donation of Lease or Permit.--
       (1) Acceptance by secretary concerned.--The Secretary 
     concerned shall accept a grazing lease or permit that is 
     donated by a lessee or permittee for--
       (A) the Big Grayback Grazing Allotment located in the Rogue 
     River-Siskiyou National Forest; and
       (B) the Billy Mountain Grazing Allotment located on a 
     parcel of land that is managed by the Secretary (acting 
     through the Director of the Bureau of Land Management).
       (2) Termination.--With respect to each grazing permit or 
     lease donated under paragraph (1), the Secretary shall--
       (A) terminate the grazing permit or lease; and
       (B) ensure a permanent end to grazing on the land covered 
     by the grazing permit or lease.
       (b) Effect of Donation.--A lessee or permittee that donates 
     a grazing lease or grazing permit (or a portion of a grazing 
     lease or grazing permit) under this section shall be 
     considered to have waived any claim to any range improvement 
     on the associated grazing allotment or portion of the 
     associated grazing allotment, as applicable.

     SEC. 205. WILD AND SCENIC RIVER DESIGNATIONS.

       (a) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the 
     end the following:
       ``(208) River styx, oregon.--The subterranean segment of 
     Cave Creek, known as the River Styx, to be administered by 
     the Secretary of the Interior as a scenic river.''.
       (b) Potential Additions.--
       (1) In general.--Section 5(a) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1276(a)) is amended by adding at the end the 
     following:
       ``(141) Oregon caves national monument and preserve, 
     oregon.--
       ``(A) Cave creek, oregon.--The 2.6-mile segment of Cave 
     Creek from the headwaters at the River Styx to the boundary 
     of the Rogue River Siskiyou National Forest.
       ``(B) Lake creek, oregon.--The 3.6-mile segment of Lake 
     Creek from the headwaters at Bigelow Lakes to the confluence 
     with Cave Creek.
       ``(C) No name creek, oregon.--The 0.6-mile segment of No 
     Name Creek from the headwaters to the confluence with Cave 
     Creek.
       ``(D) Panther creek.--The 0.8-mile segment of Panther Creek 
     from the headwaters to the confluence with Lake Creek.
       ``(E) Upper cave creek.--The segment of Upper Cave Creek 
     from the headwaters to the confluence with River Styx.''.
       (2) Study; report.--Section 5(b) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the 
     end the following:
       ``(20) Oregon caves national monument and preserve, 
     oregon.--Not later than 3 years after the date on which funds 
     are made available to carry out this paragraph, the Secretary 
     shall--
       ``(A) complete the study of the Oregon Caves National 
     Monument and Preserve segments described in subsection 
     (a)(141); and
       ``(B) submit to Congress a report containing the results of 
     the study.''.

     Subtitle B--Minuteman Missile National Historic Site Boundary 
                              Modification

     SEC. 211. BOUNDARY MODIFICATION.

       Section 3(a) of the Minuteman Missile National Historic 
     Site Establishment Act of 1999 (16 U.S.C. 461 note; Public 
     Law 106-115) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Visitor facility and administrative site.--
       ``(A) In general.--In addition to the components described 
     in paragraph (2), the historic site shall include a visitor 
     facility and administrative site located on the parcel of 
     land described in subparagraph (B).
       ``(B) Description of land.--The land referred to in 
     subparagraph (A) consists of approximately 25 acres of land 
     within the Buffalo Gap National Grassland in South Dakota as 
     generally depicted on the map entitled `Minuteman Missile 
     National Historic Site Boundary Modification', numbered 406/
     80,011, and dated July 17, 2009.
       ``(C) Availability of map.--The map described in 
     subparagraph (B) shall be kept on file and available for 
     public inspection in the appropriate offices of the National 
     Park Service.
       ``(D) Transfer of administrative jurisdiction.--
     Administrative jurisdiction over the land described in 
     subparagraph (B) is transferred from the Secretary of 
     Agriculture to the Secretary, to be administered as part of 
     the historic site.
       ``(E) Boundary adjustment.--The boundaries of the Buffalo 
     Gap National Grasslands are modified to exclude the land 
     transferred under subparagraph (D).''.

      Subtitle C--Indiana Dunes National Lakeshore Visitor Center

     SEC. 221. DOROTHY BUELL MEMORIAL VISITOR CENTER.

       (a) Memorandum of Understanding.--The Secretary of the 
     Interior may enter into a memorandum of understanding to 
     establish a joint partnership with the Porter County 
     Convention, Recreation and Visitor Commission. The memorandum 
     of understanding shall--
       (1) identify the overall goals and purpose of the Dorothy 
     Buell Memorial Visitor Center;
       (2) establish how management and operational duties will be 
     shared;
       (3) determine how exhibits, signs, and other information 
     are developed;
       (4) indicate how various activities will be funded;
       (5) identify who is responsible for providing site 
     amenities;
       (6) establish procedures for changing or dissolving the 
     joint partnership; and
       (7) address any other issues deemed necessary by the 
     Secretary or the Porter County Convention, Recreation and 
     Visitor Commission.
       (b) Development of Exhibits.--The Secretary may plan, 
     design, construct, and install exhibits in the Dorothy Buell 
     Memorial Visitor Center related to the use and management of 
     the resources at Indiana Dunes National Lakeshore, at a cost 
     not to exceed $1,500,000.
       (c) National Lakeshore Presence.--The Secretary may use 
     park staff from Indiana Dunes National Lakeshore in the 
     Dorothy Buell Memorial Visitor Center to provide visitor 
     information and education.

     SEC. 222. INDIANA DUNES NATIONAL LAKESHORE.

       Section 19 of the Act entitled ``An Act to provide for the 
     establishment of the Indiana Dunes National Lakeshore, and 
     for other purposes'' (16 U.S.C. 460u-19) is amended--
       (1) by striking ``After notifying'' and inserting ``(a) 
     After notifying''; and
       (2) by adding at the end the following:
       ``(b) Contiguous Clarified.--For purposes of subsection 
     (a), lands may be considered contiguous to other lands if the 
     lands touch the other lands, or are separated from the other 
     lands by only a public or private right-of-way, such as a 
     road, railroad, or utility corridor.''.

         Subtitle D--North Cascades National Park Fish Stocking

     SEC. 231. DEFINITIONS.

       In this subtitle:
       (1) North cascades national park service complex.--The term 
     ``North Cascades National Park Service Complex'' means 
     collectively the North Cascades National Park, Ross Lake 
     National Recreation Area, and Lake Chelan National Recreation 
     Area.
       (2) Plan.--The term ``plan'' means the document entitled 
     ``North Cascades National Park Service Complex Mountain Lakes 
     Fishery Management Plan and Environmental Impact Statement'' 
     and dated June 2008.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 232. STOCKING OF CERTAIN LAKES IN THE NORTH CASCADES 
                   NATIONAL PARK SERVICE COMPLEX.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall authorize the stocking of fish in lakes in the North 
     Cascades National Park Service Complex.
       (b) Conditions.--
       (1) In general.--The Secretary is authorized to allow 
     stocking of fish in not more than 42 of the 91 lakes in the 
     North Cascades National Park Service Complex that have 
     historically been stocked with fish.
       (2) Native nonreproducing fish.--The Secretary shall only 
     stock fish that are--
       (A) native to the slope of the Cascade Range on which the 
     lake to be stocked is located; and
       (B) nonreproducing, as identified in management alternative 
     B of the plan.
       (3) Considerations.--In making fish stocking decisions 
     under this subtitle, the Secretary shall make use of relevant 
     scientific information, including the plan and information 
     gathered under subsection (c).
       (4) Required coordination.--The Secretary shall coordinate 
     the stocking of fish under this subtitle with the State of 
     Washington.
       (c) Research and Monitoring.--The Secretary shall--
       (1) continue a program of research and monitoring of the 
     impacts of fish stocking on the resources of the applicable 
     unit of the North Cascades National Park Service Complex; and
       (2) beginning on the date that is 5 years after the date of 
     enactment of this Act and every 5 years thereafter, 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 results of the 
     research and monitoring under paragraph (1).

   Subtitle E--Petersburg National Battlefield Boundary Modification

     SEC. 241. BOUNDARY MODIFICATION.

       (a) In General.--The boundary of Petersburg National 
     Battlefield is modified to include the properties as 
     generally depicted on the map titled ``Petersburg National 
     Battlefield Boundary Expansion'', numbered 325/80,080, and 
     dated June 2007. The map shall be on file and available for 
     inspection in the appropriate offices of the National Park 
     Service.
       (b) Acquisition of Properties.--The Secretary of the 
     Interior (referred to in this subtitle as the ``Secretary'') 
     is authorized to acquire the lands or interests in land, 
     described

[[Page 22619]]

     in subsection (a), from willing sellers only by donation, 
     purchase with donated or appropriated funds, exchange, or 
     transfer.
       (c) Administration.--The Secretary shall administer any 
     land or interests in land acquired under this section as part 
     of the Petersburg National Battlefield in accordance with 
     applicable laws and regulations.

     SEC. 242. ADMINISTRATIVE JURISDICTION TRANSFER.

       (a) In General.--The Secretary and the Secretary of the 
     Army are authorized to transfer administrative jurisdiction 
     for approximately 1.171 acres of land under the jurisdiction 
     of the Department of the Interior within the boundary of the 
     Petersburg National Battlefield, for approximately 1.170 
     acres of land under the jurisdiction of the Department of the 
     Army within the boundary of the Fort Lee Military Reservation 
     adjacent to the boundary of the Petersburg National 
     Battlefield.
       (b) Map.--The land to be exchanged is depicted on the map 
     titled ``Petersburg National Battlefield Proposed Transfer of 
     Administrative Jurisdiction'', numbered 325/80,081, and dated 
     October 2009. The map shall be available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       (c) Conditions of Transfer.--The transfer of administrative 
     jurisdiction authorized in subsection (a) shall be subject to 
     the following conditions:
       (1) No reimbursement or consideration.--The transfer shall 
     occur without reimbursement or consideration.
       (2) Deadline.--The Secretary and the Secretary of the Army 
     shall complete the transfers authorized by this section not 
     later than 120 days after the funds are made available for 
     that purpose.
       (3) Management.--The land conveyed to the Secretary under 
     subsection (a) shall be included within the boundary of the 
     Petersburg National Battlefield and shall be administered as 
     part of the park in accordance with applicable laws and 
     regulations.

   Subtitle F--Gettysburg National Battlefield Boundary Modification

     SEC. 251. GETTYSBURG NATIONAL MILITARY PARK BOUNDARY 
                   REVISION.

       Section 1 of the Act titled ``An Act to revise the boundary 
     of the Gettysburg National Military Park in the Commonwealth 
     of Pennsylvania, and for other purposes'', approved August 
     17, 1990 (16 U.S.C. 430g-4), is amended by adding at the end 
     the following:
       ``(d) Additional Land.--In addition to the land identified 
     in subsections (a) and (b), the park shall also include the 
     following, as depicted on the map titled `Gettysburg National 
     Military Park Proposed Boundary Addition', numbered 305/
     80,045 and dated January 2010:
       ``(1) The land and interests in land commonly known as the 
     `Gettysburg Train Station' and its immediate surroundings in 
     the Borough of Gettysburg.
       ``(2) The land and interests in land located along Plum Run 
     in Cumberland Township.''.

     SEC. 252. ACQUISITION AND DISPOSAL OF LAND.

       Section 2 of that Act (16 U.S.C. 430g-5) is amended by 
     adding at the end of subsection (a) the following: ``The 
     Secretary is also authorized to acquire publicly owned 
     property within the area defined in section 1(d)(1) by 
     purchase, from willing sellers only, if efforts to acquire 
     that property without cost have been exhausted. The Secretary 
     may not acquire property within the area defined in section 
     1(d) by eminent domain.''.

   Subtitle G--Cane River National Historical Park Curatorial Center

     SEC. 261. COLLECTIONS CONSERVATION CENTER.

       Section 304 of the Cane River Creole National Historical 
     Park and National Heritage Area Act (16 U.S.C. 410ccc-2) is 
     amended by adding at the end the following:
       ``(f) Collections Conservation Center.--
       ``(1) In general.--Subject to the appropriation of the full 
     cost of construction in advance, the Secretary may enter into 
     an agreement with Northwestern State University (referred to 
     in this subsection as the `University') to construct a 
     facility on land owned by the University to be used--
       ``(A) to house the museum collection of the historical 
     park;
       ``(B) to provide additional space for use by the National 
     Center for Preservation Technology and Training; and
       ``(C) to provide space to the University for educational 
     purposes relating to the Williamson Museum collection, if the 
     University pays an appropriate rental fee to the National 
     Park Service, as determined in the agreement entered into 
     under this paragraph.
       ``(2) Use of fee.--Proceeds from the rental fees collected 
     under paragraph (1)(C) shall be available until expended, 
     without further appropriation, for the historical park.
       ``(3) Terms of lease.--The Secretary may enter into a lease 
     with the University for a term of not more than 40 years if 
     the land made available by the University under paragraph (1) 
     is leased at a nominal cost to the Secretary.''.

     SEC. 262. TECHNICAL CORRECTIONS.

       The Cane River Creole National Historical Park and National 
     Heritage Area Act (16 U.S.C. 410ccc et seq.) is amended--
       (1) in the third sentence of section 304(e) (16 U.S.C. 
     410ccc-2(e)), by striking ``of Technology'' and inserting 
     ``Technology''; and
       (2) in section 305(a) (16 U.S.C. 410ccc-3(a)), by striking 
     ``interest'' and inserting ``interests''.

                  TITLE III--SPECIAL RESOURCE STUDIES

     SEC. 301. NEW PHILADELPHIA, ILLINOIS.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``Study Area'' means the New 
     Philadelphia archeological site and the surrounding land in 
     the State of Illinois.
       (b) Study.--The Secretary shall conduct a special resource 
     study of the Study Area.
       (c) Contents.--In conducting the study under subsection 
     (b), the Secretary shall--
       (1) evaluate the national significance of the Study Area;
       (2) determine the suitability and feasibility of 
     designating the Study Area as a unit of the National Park 
     System;
       (3) consider other alternatives for preservation, 
     protection, and interpretation of the Study Area by--
       (A) Federal, State, or local governmental entities; or
       (B) private and nonprofit organizations;
       (4) consult with--
       (A) interested Federal, State, or local governmental 
     entities;
       (B) private and nonprofit organizations; or
       (C) any other interested individuals; and
       (5) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives considered under paragraph 
     (3).
       (d) Applicable Law.--The study required under subsection 
     (b) shall be conducted in accordance with section 8 of Public 
     Law 91-383 (16 U.S.C. 1a-5).
       (e) Report.--Not later than 3 years after the date on which 
     funds are first made available for the study under subsection 
     (b), 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. 302. GEORGE C. MARSHALL HOME, VIRGINIA.

       (a) Study.--The Secretary of the Interior (referred to in 
     this section as the ``Secretary'') shall conduct a special 
     resource study of the Dodona Manor and gardens in Leesburg, 
     Virginia, the home of George C. Marshall during the most 
     important period of Marshall's career (referred to in this 
     section as the ``study area'').
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) evaluate the national significance of the study area 
     and the surrounding area;
       (2) determine the suitability and feasibility of 
     designating the study area as an affiliated area of the 
     National Park System;
       (3) consider other alternatives for the preservation, 
     protection, and interpretation of the study area by--
       (A) the Federal Government;
       (B) State or local governmental entities; or
       (C) private or nonprofit organizations;
       (4) consult with interested--
       (A) Federal, State, or local governmental entities;
       (B) private or nonprofit organizations; or
       (C) any other interested individuals; and
       (5) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives considered under paragraph 
     (3).
       (c) Applicable Law.--The study required under subsection 
     (a) shall be conducted in accordance with section 8 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 first made available to carry out the study under 
     subsection (a), the Secretary shall submit to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report that contains a description of--
       (1) the results of the study; and
       (2) any conclusions and recommendations of the Secretary.

     SEC. 303. HEART MOUNTAIN RELOCATION CENTER, WYOMING.

       (a) Study.--The Secretary of the Interior shall conduct a 
     special resource study of the Heart Mountain Relocation 
     Center, in Park County, Wyoming.
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) evaluate the national significance of the Heart 
     Mountain Relocation Center and surrounding area;
       (2) determine the suitability and feasibility of 
     designating the Heart Mountain Relocation Center as a unit of 
     the National Park System;
       (3) consider other alternatives for preservation, 
     protection, and interpretation of the site by Federal, State, 
     or local governmental entities, or private and nonprofit 
     organizations;
       (4) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives;

[[Page 22620]]

       (5) identify any potential impacts of designation of the 
     site as a unit of the National Park System on private 
     landowners; and
       (6) consult with interested Federal, State, or local 
     governmental entities, federally recognized Indian tribes, 
     private and nonprofit organizations, owners of private 
     property that may be affected by any such designation, or any 
     other interested individuals.
       (c) Applicable Law.--The study required under subsection 
     (a) shall be conducted in accordance with section 8 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 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 the results of the study and any conclusions and 
     recommendations of the Secretary.

     SEC. 304. COLONEL CHARLES YOUNG HOME, OHIO.

       (a) Study.--The Secretary of the Interior (referred to in 
     this section as the ``Secretary''), in consultation with the 
     Secretary of the Army, shall conduct a special resource study 
     of the Colonel Charles Young Home, a National Historic 
     Landmark in Xenia, Ohio (referred to in this section as the 
     ``Home'').
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) evaluate any architectural and archeological resources 
     of the Home;
       (2) determine the suitability and feasibility of 
     designating the Home as a unit of the National Park System;
       (3) consider other alternatives for preservation, 
     protection, and interpretation of the Home by Federal, State, 
     or local governmental entities or private and nonprofit 
     organizations, including the use of shared management 
     agreements with the Dayton Aviation Heritage National 
     Historical Park or specific units of that Park, such as the 
     Paul Laurence Dunbar Home;
       (4) consult with the Ohio Historical Society, Central State 
     University, Wilberforce University, and other interested 
     Federal, State, or local governmental entities, private and 
     nonprofit organizations, or individuals; and
       (5) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives considered under the study.
       (c) Applicable Law.--The study required under subsection 
     (a) shall be conducted in accordance with section 8 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 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 that 
     contains--
       (1) the results of the study under subsection (a); and
       (2) any conclusions and recommendations of the Secretary.

     SEC. 305. UNITED STATES CIVIL RIGHTS TRAIL.

       (a) Study Required.--The Secretary of the Interior shall 
     conduct a special resource study for the purpose of 
     evaluating a range of alternatives for protecting and 
     interpreting sites associated with the struggle for civil 
     rights in the United States, including alternatives for 
     potential addition of some or all of the sites to the 
     National Trails System.
       (b) Consultation.--The Secretary shall conduct the special 
     resource study in consultation with appropriate Federal, 
     State, county, and local governmental entities.
       (c) Study Requirements.--The Secretary shall conduct the 
     study required under subsection (a) in accordance with 
     section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) and 
     section 5(b) of the National Trails System Act (16 U.S.C. 
     1244(b)), as appropriate.
       (d) Study Objectives.--In conducting the special resource 
     study, the Secretary shall evaluate alternatives for 
     achieving the following objectives:
       (1) Identifying the resources and historic themes 
     associated with the movement to secure racial equality in the 
     United States for African Americans that, focusing on the 
     period from 1954 through 1968, challenged the practice of 
     racial segregation in the Nation and achieved equal rights 
     for all American citizens.
       (2) Making a review of existing studies and reports, such 
     as the Civil Rights Framework Study, to complement and not 
     duplicate other studies of the historical importance of the 
     civil rights movements that may be underway or undertaken.
       (3) Establishing connections with agencies, organizations, 
     and partnerships already engaged in the preservation and 
     interpretation of various trails and sites dealing with the 
     civil rights movement.
       (4) Protecting historically significant landscapes, 
     districts, sites, and structures.
       (5) Identifying alternatives for preservation and 
     interpretation of the sites by the National Park Service, 
     other Federal, State, or local governmental entities, or 
     private and nonprofit organizations, including the potential 
     inclusion of some or all of the sites in a National Civil 
     Rights Trail.
       (6) Identifying cost estimates for any necessary 
     acquisition, development, interpretation, operation, and 
     maintenance associated with the alternatives developed under 
     the special resource study.
       (e) 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 the 
     results of the study conducted under subsection (c) and any 
     recommendations of the Secretary with respect to the route.

     SEC. 306. CAMP HALE, COLORADO.

       (a) Definitions.--In this section:
       (1) Camp hale.--The term ``Camp Hale'' means the area 
     comprising approximately 200,000 acres on the White River and 
     San Isabel National Forests in west-central Colorado located 
     within portions of Eagle, Lake, Pitkin, and Summit counties.
       (2) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture, 
     acting jointly.
       (b) Study.--The Secretaries shall conduct a study of Camp 
     Hale to determine--
       (1) the suitability and feasibility of designating Camp 
     Hale as a unit of the National Park System, in accordance 
     with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)); 
     or
       (2) any other designation or management option that would 
     provide for the protection of resources within Camp Hale, 
     including continued management of Camp Hale by the Forest 
     Service.
       (c) Required Analysis.--The study under subsection (b) 
     shall include an analysis of--
       (1) the significance of Camp Hale in relation to national 
     security during World War II and the Cold War, including--
       (A) the use of Camp Hale for training of the 10th Mountain 
     Division and other elements of the United States Armed 
     Forces; and
       (B) the use of Camp Hale for training by the Central 
     Intelligence Agency of Tibetan refugees seeking to resist the 
     Chinese occupation of Tibet;
       (2) opportunities for public enjoyment and recreation at 
     Camp Hale; and
       (3) any operational, management, or private property issues 
     relating to Camp Hale.
       (d) Congressional Intent.--It is the intent of Congress 
     that, in conducting the study under subsection (b), the 
     Secretaries not propose any designation that would affect 
     valid existing rights, including--
       (1) all interstate water compacts in existence on the date 
     of enactment of this Act (including full development of any 
     apportionment made in accordance with the compacts);
       (2) water rights--
       (A) decreed at Camp Hale; or
       (B) flowing within, below, or through Camp Hale;
       (3) water rights in the State of Colorado;
       (4) water rights held by the United States; and
       (5) the management and operation of any reservoir, 
     including the storage, management, release, or transportation 
     of water.
       (e) Report.--Not later than 3 years after the date on which 
     funds are made available to carry out this section, the 
     Secretaries shall submit to the Committee on Energy and 
     Natural Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives--
       (1) the study conducted under this section; and
       (2) any recommendations of the Secretaries relating to Camp 
     Hale.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

          TITLE IV--BLACK REVOLUTIONARY WAR PATRIOTS MEMORIAL

     SEC. 401. FINDING.

       Congress finds that the contributions of free persons and 
     slaves who fought during the American Revolution were of 
     preeminent historical and lasting significance to the United 
     States, as required by section 8908(b)(1) of title 40, United 
     States Code.

     SEC. 402. DEFINITIONS.

       In this subtitle:
       (1) Federal land.--
       (A) In general.--The term ``Federal land'' means the parcel 
     of land--
       (i) identified as ``Area I''; and
       (ii) depicted on the map numbered 869/86501B and dated June 
     24, 2003.
       (B) Exclusion.--The term ``Federal land'' does not include 
     the Reserve (as defined in section 8902(a) of title 40, 
     United States Code).
       (2) Memorial.--The term ``memorial'' means the memorial 
     authorized to be established under section 403(a).

     SEC. 403. MEMORIAL AUTHORIZATION.

       (a) Authorization.--In accordance with subsections (b) and 
     (c), National Mall Liberty Fund D.C. may establish a memorial 
     on Federal land in the District of Columbia to honor the more 
     than 5,000 courageous slaves and free Black persons who 
     served as soldiers and sailors or provided civilian 
     assistance during the American Revolution.
       (b) Prohibition on Use of Federal Funds.--National Mall 
     Liberty Fund D.C. may not use Federal funds to establish the 
     memorial.

[[Page 22621]]

       (c) Applicable Law.--National Mall Liberty Fund D.C. shall 
     establish the memorial in accordance with chapter 89 of title 
     40, United States Code.

     SEC. 404. REPEAL OF JOINT RESOLUTIONS.

       Public Law 99-558 (110 Stat. 3144) and Public Law 100-265 
     (102 Stat. 39) are repealed.

                      TITLE V--GENERAL AUTHORITIES

  Subtitle A--Revolutionary War and War of 1812 American Battlefield 
                                Funding

     SEC. 501. REVOLUTIONARY WAR AND WAR OF 1812 AMERICAN 
                   BATTLEFIELD PROTECTION.

       Section 7301(c) of the Omnibus Public Land Management Act 
     of 2009 (Public Law 111-11) is amended as follows:
       (1) In paragraph (1)--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Battlefield report.--The term ``battlefield report'' 
     means, collectively--
       ``(i) the report entitled `Report on the Nation's Civil War 
     Battlefields', prepared by the Civil War Sites Advisory 
     Commission, and dated July 1993; and
       ``(ii) the report entitled `Report to Congress on the 
     Historic Preservation of Revolutionary War and War of 1812 
     Sites in the United States', prepared by the National Park 
     Service, and dated September 2007.''; and
       (B) in subpagraph (C)(ii), by striking ``Battlefield 
     Report'' and inserting ``battlefield report''.
       (2) In paragraph (2), by inserting ``eligible sites or'' 
     after ``acquiring''.
       (3) In paragraph (3), by inserting ``an eligible site or'' 
     after ``acquire''.
       (4) In paragraph (4), by inserting ``an eligible site or'' 
     after ``acquiring''.
       (5) In paragraph (5), by striking ``An'' and inserting ``An 
     eligible site or an''.
       (6) By redesignating paragraph (6) as paragraph (8).
       (7) By inserting after paragraph (5) the following new 
     paragraphs:
       ``(6) Willing sellers.--Acquisition of land or interests in 
     land under this subsection shall be from willing sellers 
     only.
       ``(7) Report.--Not later than 5 years after the date of the 
     enactment of this subsection, the Secretary shall submit to 
     Congress a report on the activities carried out under this 
     subsection, including a description of--
       ``(A) preservation activities carried out at the 
     battlefields and associated sites identified in the 
     battlefield report during the period between publication of 
     the battlefield report and the report required under this 
     paragraph;
       ``(B) changes in the condition of the battlefields and 
     associated sites during that period; and
       ``(C) any other relevant developments relating to the 
     battlefields and associated sites during that period.''.
       (8) By striking paragraph (8) (as redesignated by paragraph 
     (6)) and inserting the following:
       ``(8) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to provide 
     grants under this subsection for each of fiscal years 2010 
     through 2020--
       ``(A) $10,000,000 for the protection of Civil War 
     battlefields; and
       ``(B) $10,000,000 for the protection of Revolutionary War 
     and War of 1812 battlefields.''.

     Subtitle B--National Park Service Miscellaneous Authorizations

     SEC. 511. NATIONAL PARK SYSTEM AUTHORITIES.

       (a) National Park System Advisory Board.--Section 3(f) of 
     the Act entitled, ``An Act to provide for the preservation of 
     historic American sites, buildings, objects, and antiquities 
     of national significance, and for other purposes'', approved 
     August 21, 1935 (16 U.S.C. 463(f)), is amended in the first 
     sentence by striking ``2010'' and inserting ``2020''.
       (b) National Park Service Concessions Management Advisory 
     Board.--Section 409(d) of the National Park Service 
     Concessions Management Improvement Act of 1998 (Public Law 
     105-391) is amended by striking ``2009'' and inserting 
     ``2019''.
       (c) National Park System Uniform Penalties.--
       (1) Fines and imprisonment.--The first section of the Act 
     entitled, ``An Act to provide for the protection of national 
     military parks, national parks, battlefield sites, national 
     monuments, and miscellaneous memorials under the control of 
     the War Department'', approved March 2, 1933 (47 Stat. 1420, 
     ch. 180), is amended by striking ``such fine and 
     imprisonment.'' and inserting ``such fine and imprisonment; 
     except if the violation occurs within a park, site, monument, 
     or memorial that is part of the National Park System, where 
     violations shall be subject to the penalty provision set 
     forth in section 3 of the Act of August 25, 1916 (16 U.S.C. 
     3; commonly known as the `National Park Service Organic Act') 
     and section 3571 of title 18, United States Code.''.
       (2) Cost of proceedings.--Section 2(k) of the Act entitled, 
     ``An Act to provide for the preservation of historic American 
     sites, buildings, objects, and antiquities of national 
     significance, and for other purposes'', approved August 21, 
     1935 (16 U.S.C. 462(k)), is amended by striking ``cost of the 
     proceedings.'' and inserting ``cost of the proceedings; 
     except if the violation occurs within an area that is part of 
     the National Park System, where violations shall be subject 
     to the penalty provision set forth in section 3 of the Act of 
     August 25, 1916 (16 U.S.C. 3; commonly known as the `National 
     Park Service Organic Act'), and section 3571 of title 18, 
     United States Code.''.
       (d) Volunteers in the Parks.--Section 4 of the Volunteers 
     in the Parks Act of 1969 (16 U.S.C. 18j) is amended by 
     striking ``$3,500,000'' and inserting ``$10,000,000''.

     SEC. 512. PEARL HARBOR TICKETING.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Pearl harbor historic site.--The term ``Pearl Harbor 
     historic site'' means a historic attraction within the Pearl 
     Harbor Naval Complex, including the USS Bowfin Submarine 
     Museum and Park, the Battleship Missouri Memorial, the 
     Pacific Aviation Museum--Pearl Harbor, and any other historic 
     attraction that the Secretary identifies as a Pearl Harbor 
     historic site and that is not administered or managed by the 
     Secretary.
       (3) Visitor center.--The term ``visitor center'' means the 
     visitor center located within the Pearl Harbor Naval Complex 
     on lands that are within the World War II Valor in the 
     Pacific National Monument and managed by the Secretary 
     through the National Park Service.
       (b) Facilitation of Admission to Historic Attractions 
     Within Pearl Harbor Naval Complex.--
       (1) In general.--The Secretary, in managing the World War 
     II Valor in the Pacific National Monument, may enter into an 
     agreement with the nonprofit organizations or other legally 
     recognized entities that are authorized to administer or 
     manage a Pearl Harbor historic site--
       (A) to allow visitors to a Pearl Harbor historic site to 
     gain access to the site by passing through security screening 
     at the Visitor Center; and
       (B) to allow the sale of tickets to a Pearl Harbor historic 
     site within the Visitor Center by employees of the National 
     Park Service or by organizations that administer or manage a 
     Pearl Harbor historic site.
       (2) Terms and conditions.--In any agreement entered into 
     pursuant to this section, the Secretary--
       (A) shall require the organization administering or 
     managing a Pearl Harbor historic site to pay to the Secretary 
     a reasonable fee to recover administrative costs associated 
     with the use of the Visitor Center for public access and 
     ticket sales, the proceeds of which shall remain available, 
     without further appropriation, for use by the National Park 
     Service at the World War II Valor in the Pacific National 
     Monument;
       (B) shall ensure the limited liability of the United States 
     arising from the admission of the public through the Visitor 
     Center to a Pearl Harbor historic site and the sale or 
     issuance of any tickets to the site; and
       (C) may include any other terms and conditions the 
     Secretary deems appropriate.
       (3) Limitation of authority.--Under this section, the 
     Secretary shall have no authority--
       (A) to regulate or approve the rates for admission to an 
     attraction within the Pearl Harbor historic site;
       (B) to regulate or manage any visitor services of any 
     historic sites within the Pearl Harbor Naval Complex other 
     than at those sites managed by the National Park Service as 
     part of World War II Valor in the Pacific National Monument; 
     or
       (C) to charge an entrance fee for admission to the World 
     War II Valor in the Pacific National Monument.
       (c) Protection of Resources.--Nothing in this section 
     authorizes the Secretary or any organization that administers 
     or manages a Pearl Harbor historic site to take any action in 
     derogation of the preservation and protection of the values 
     and resources of the World War II Valor in the Pacific 
     National Monument.

     SEC. 513. CHANGES TO NATIONAL PARK UNITS.

       (a) George Washington Memorial Parkway.--
       (1) Purpose.--The purpose of this subsection is to 
     authorize, direct, facilitate, and expedite the transfer of 
     administrative jurisdiction of certain Federal land in 
     accordance with the terms and conditions of this subsection.
       (2) Definitions.--In this subsection:
       (A) Farm.--The term ``Farm'' means the Claude Moore 
     Colonial Farm.
       (B) Map.--The term ``Map'' means the map titled ``GWMP--
     Claude Moore Proposed Boundary Adjustment'', numbered 850/
     82003, and dated April 2004. The map shall be available for 
     public inspection in the appropriate offices of the National 
     Park Service, Department of the Interior.
       (C) Research center.--The term ``Research Center'' means 
     the Federal Highway Administration's Turner-Fairbank Highway 
     Research Center.
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Administrative jurisdiction transfer.--
       (A) Transfer of jurisdiction.--
       (i) In general.--The Secretary and the Secretary of 
     Transportation are authorized to transfer administrative 
     jurisdiction for approximately 0.342 acre of land under the

[[Page 22622]]

     jurisdiction of the Department of the Interior within the 
     boundary of the George Washington Memorial Parkway, generally 
     depicted as ``B'' on the Map, for approximately 0.479 acre 
     within the boundary of the Research Center land under the 
     jurisdiction of the Department of Transportation adjacent to 
     the boundary of the George Washington Memorial Parkway, 
     generally depicted as ``A'' on the Map.
       (ii) Use restriction.--The Secretary shall restrict the use 
     of 0.139 acre of land within the boundary of the George 
     Washington Memorial Parkway immediately adjacent to part of 
     the north perimeter fence of the Research Center, generally 
     depicted as ``C'' on the Map, by prohibiting the storage, 
     construction, or installation of any item that may obstruct 
     the view from the Research Center into the George Washington 
     Memorial Parkway.
       (B) Reimbursement or consideration.--The transfer of 
     administrative jurisdiction under this section shall occur 
     without reimbursement or consideration.
       (C) Compliance with agreement.--
       (i) Agreement.--The National Park Service and the Federal 
     Highway Administration shall comply with all terms and 
     conditions of the Agreement entered into by the parties on 
     September 11, 2002, regarding the transfer of administrative 
     jurisdiction, management, and maintenance of the lands 
     discussed in the Agreement.
       (ii) Access to land.--The Secretary shall allow the 
     Research Center access to the land the Secretary restricts 
     under subparagraph (A)(ii) for purposes of maintenance in 
     accordance with National Park Service standards, which 
     includes grass mowing and weed control, tree maintenance, 
     fence maintenance, and visual appearance. No tree 6 inches or 
     more in diameter shall be pruned or removed without the 
     advance written permission of the Secretary. Any pesticide 
     use must be approved in writing by the Secretary prior to 
     application of the pesticide.
       (4) Management of transferred lands.--
       (A) Interior land.--The land transferred to the Secretary 
     under paragraph (3)(A) shall be included in the boundaries of 
     the George Washington Memorial Parkway and shall be 
     administered by the National Park Service as part of the 
     parkway subject to applicable laws and regulations.
       (B) Transportation land.--The land transferred to the 
     Secretary of Transportation under paragraph (3)(A) shall be 
     included in the boundary of the Research Center and shall be 
     removed from the boundary of the parkway.
       (C) Restricted-use land.--The land the Secretary has 
     designated for restricted use under paragraph (3)(A) shall be 
     maintained by the Research Center.
       (b) District of Columbia Snow Removal.--Section 3 of the 
     Act entitled, ``An Act Providing for the removal of snow and 
     ice from the paved sidewalks of the District of Columbia'', 
     approved September 16, 1922 (Sec. 9-603, D.C. Official Code), 
     is amended to read as follows:
       ``Sec. 3. (a) It shall be the duty of a Federal agency to 
     remove, or cause to be removed, snow, sleet, or ice from 
     paved sidewalks and crosswalks within the fire limits of the 
     District of Columbia that are--
       ``(1) in front of or adjacent to buildings owned by the 
     United States and under such Federal agency's jurisdiction; 
     or
       ``(2) public thoroughfares in front of, around, or through 
     public squares, reservations, or open spaces and that are 
     owned by the United States and under such Federal agency's 
     jurisdiction.
       ``(b) The snow, sleet, or ice removal required by 
     subsection (a) shall occur within a reasonable time period 
     after snow or sleet ceases to fall or after ice has 
     accumulated. In the event that snow, sleet, or ice has 
     hardened and cannot be removed, such Federal agency shall--
       ``(1) make the paved sidewalks and crosswalks under its 
     jurisdiction described in subsection (a) reasonably safe for 
     travel by the application of sand, ashes, salt, or other 
     acceptable materials; and
       ``(2) as soon as practicable, thoroughly remove the snow, 
     sleet, or ice.
       ``(c)(1) The duty of a Federal agency described in 
     subsections (a) and (b) may be delegated to another 
     governmental or nongovernmental entity through a lease, 
     contract, or other comparable arrangement.
       ``(2) If two or more Federal agencies have overlapping 
     responsibility for the same sidewalk or crosswalk they may 
     enter into an arrangement assigning responsibility.''.
       (c) Martin Luther King, Jr. National Historical Park.--
       (1) Amendments.--The Act entitled ``An Act to establish the 
     Martin Luther King, Junior, National Historic Site in the 
     State of Georgia, and for other purposes'', approved October 
     10, 1980 (Public Law 96-428; 94 Stat. 1839) is amended--
       (A) in the first section, by striking ``the map entitled 
     `Martin Luther King, Junior, National Historic Site Boundary 
     Map', number 489/80,013B, and dated September 1992'' and 
     inserting ``the map titled `Martin Luther King, Jr. National 
     Historical Park', numbered 489/80,032, and dated April 
     2009'';
       (B) by striking ``Martin Luther King, Junior, National 
     Historic Site'' each place it appears and inserting ``Martin 
     Luther King, Jr. National Historical Park''; and
       (C) by striking ``historic site'' each place it appears and 
     inserting ``historical park''.
       (2) References.--Any reference in any law (other than this 
     Act), map, regulation, document, record, or other official 
     paper of the United States to the ``Martin Luther King, 
     Junior, National Historic Site'' shall be considered to be a 
     reference to the ``Martin Luther King, Jr. National 
     Historical Park''.
       (d) Lava Beds National Monument Wilderness Boundary 
     Adjustment.--The first section of the Act of October 13, 1972 
     (Public Law 92-493; 16 U.S.C. 1132 note), is amended in the 
     first sentence--
       (1) by striking ``That, in'' and inserting the following:
       ``Section 1. In''; and
       (2) by striking ``ten thousand acres'' and all that follows 
     through the end of the sentence and inserting ``10,431 acres, 
     as depicted within the proposed wilderness boundary on the 
     map titled `Lava Beds National Monument, Proposed Wilderness 
     Boundary Adjustment', numbered 147/80,015, and dated 
     September 2005, and those lands within the area generally 
     known as the `Schonchin Lava Flow', comprising approximately 
     18,029 acres, as depicted within the proposed wilderness 
     boundary on the map, are designated as wilderness.''.

     SEC. 514. TECHNICAL CORRECTIONS.

       (a) Baltimore National Heritage Area.--The Omnibus Public 
     Land Management Act of 2009 (Public Law 111-11) is amended--
       (1) in sections 8005(b)(3) and 8005(b)(4) by striking 
     ``Baltimore Heritage Area Association'' and inserting 
     ``Baltimore City Heritage Area Association''; and
       (2) in section 8005(i) by striking ``Effectiveness'' and 
     inserting ``Financial Assistance''.
       (b) Muscle Shoals National Heritage Area.--Section 8009(j) 
     of the Omnibus Public Land Management Act of 2009 is amended 
     by striking ``Effectiveness'' and inserting ``Financial 
     Assistance''.
       (c) Snake River Headwaters.--Section 5002(c)(1) of the 
     Omnibus Public Land Management Act of 2009 is amended by 
     striking ``paragraph (205) of section 3(a)'' each place it 
     appears and inserting ``paragraph (206) of section 3(a)''.
       (d) Taunton River.--Section 5003(b) of the Omnibus Public 
     Land Management Act of 2009 is amended by striking ``section 
     3(a)(206)'' each place it appears and inserting ``section 
     3(a)(207)''.
       (e) Cumberland Island National Seashore.--Section 6(b) of 
     the Act titled ``An Act to establish the Cumberland Island 
     National Seashore in the State of Georgia, and for other 
     purposes'' (Public Law 92-536) is amended by striking 
     ``physiographic conditions not prevailing'' and inserting 
     ``physiographic conditions now prevailing''.
       (f) Niagara Falls National Heritage Area.--Section 427(k) 
     of the Consolidated Natural Resources Act of 2008 (Public Law 
     110-229) is amended by striking ``Except as provided for the 
     leasing of administrative facilities under subsection (g)(1), 
     the'' and inserting ``The''.

          DIVISION B--NATIONAL WILDERNESS PRESERVATION SYSTEM

           TITLE XX--ORGAN MOUNTAINS-DESERT PEAKS WILDERNESS

     SEC. 2001. DEFINITIONS.

       In this title:
       (1) Conservation area.--The term ``Conservation Area'' 
     means each of the Organ Mountains National Conservation Area 
     and the Desert Peaks National Conservation Area established 
     by section 2003(a).
       (2) Management plan.--The term ``management plan'' means 
     the management plan for the Conservation Areas developed 
     under section 2003(d).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 2002. DESIGNATION OF WILDERNESS AREAS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness and as components of the National 
     Wilderness Preservation System:
       (1) Aden lava flow wilderness.--Certain land administered 
     by the Bureau of Land Management in Dona Ana County 
     comprising approximately 27,650 acres, as generally depicted 
     on the map entitled ``Potrillo Mountains Complex'' and dated 
     May 18, 2010, which shall be known as the ``Aden Lava Flow 
     Wilderness''.
       (2) Broad canyon wilderness.--Certain land administered by 
     the Bureau of Land Management in Dona Ana County comprising 
     approximately 13,900 acres, as generally depicted on the map 
     entitled ``Desert Peaks National Conservation Area'' and 
     dated May 18, 2010, which shall be known as the ``Broad 
     Canyon Wilderness''.
       (3) Cinder cone wilderness.--Certain land administered by 
     the Bureau of Land Management in Dona Ana County comprising 
     approximately 16,950 acres, as generally depicted on the map 
     entitled ``Potrillo Mountains Complex'' and dated May 18, 
     2010, which shall be known as the ``Cinder Cone Wilderness''.
       (4) Organ mountains wilderness.--Certain land administered 
     by the Bureau of Land Management in Dona Ana County 
     comprising approximately 19,400 acres, as generally depicted 
     on the map entitled ``Organ

[[Page 22623]]

     Mountains National Conservation Area'' and dated June 22, 
     2010, which shall be known as the ``Organ Mountains 
     Wilderness''.
       (5) Potrillo mountains wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana and 
     Luna counties comprising approximately 125,850 acres, as 
     generally depicted on the map entitled ``Potrillo Mountains 
     Complex'' and dated May 18, 2010, which shall be known as the 
     ``Potrillo Mountains Wilderness''.
       (6) Robledo mountains wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana 
     County comprising approximately 16,950 acres, as generally 
     depicted on the map entitled ``Desert Peaks National 
     Conservation Area'' and dated May 18, 2010, which shall be 
     known as the ``Robledo Mountains Wilderness''.
       (7) Sierra de las uvas wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana 
     County comprising approximately 11,100 acres, as generally 
     depicted on the map entitled ``Desert Peaks National 
     Conservation Area'' and dated May 18, 2010, which shall be 
     known as the ``Sierra de las Uvas Wilderness''.
       (8) Whitethorn wilderness.--Certain land administered by 
     the Bureau of Land Management in Dona Ana and Luna counties 
     comprising approximately 9,600 acres, as generally depicted 
     on the map entitled ``Potrillo Mountains Complex'' and dated 
     May 18, 2010, which shall be known as the ``Whitethorn 
     Wilderness''.
       (b) Management.--Subject to valid existing rights, the 
     wilderness areas designated by subsection (a) shall be 
     administered by the Secretary in accordance with this title 
     and the Wilderness Act (16 U.S.C. 1131 et seq.) except that--
       (1) any reference in the Wilderness Act to the effective 
     date of that Act shall be considered to be a reference to the 
     date of enactment of this Act; and
       (2) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       (c) Incorporation of Acquired Land and Interests in Land.--
     Any land or interest in land that is within the boundary of a 
     wilderness area designated by subsection (a) that is acquired 
     by the United States shall--
       (1) become part of the wilderness area within the 
     boundaries of which the land is located; and
       (2) be managed in accordance with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.);
       (B) this title; and
       (C) any other applicable laws.
       (d) Grazing.--Grazing of livestock in the wilderness areas 
     designated by subsection (a), where established before the 
     date of enactment of this Act, shall be administered in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the Report of 
     the Committee on Interior and Insular Affairs to accompany 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (e) Military Overflights.--Nothing in this section 
     restricts or precludes--
       (1) low-level overflights of military aircraft over the 
     wilderness areas designated by subsection (a), including 
     military overflights that can be seen or heard within the 
     wilderness areas;
       (2) the designation of new units of special airspace over 
     the wilderness areas or wilderness additions designated by 
     this title; or
       (3) the use or establishment of military flight training 
     routes over wilderness areas or wilderness additions 
     designated by this title.
       (f) Buffer Zones.--
       (1) In general.--Nothing in this section creates a 
     protective perimeter or buffer zone around any wilderness 
     area designated by subsection (a).
       (2) Activities outside wilderness areas.--The fact that an 
     activity or use on land outside any wilderness area 
     designated by subsection (a) can be seen or heard within the 
     wilderness area shall not preclude the activity or use 
     outside the boundary of the wilderness area.
       (g) Permit Authorization.--The Secretary may continue to 
     authorize the competitive running event permitted from 1970 
     through 2010 in the vicinity of the boundaries of the Organ 
     Mountains Wilderness designated by subsection (a)(4) in a 
     manner compatible with the preservation of the area as 
     wilderness.
       (h) Potential Wilderness Area.--
       (1) Robledo mountains potential wilderness area.--
       (A) In general.--Certain land administered by the Bureau of 
     Land Management, comprising approximately 100 acres as 
     generally depicted as ``Potential Wilderness'' on the map 
     entitled ``Desert Peaks National Conservation Area'' and 
     dated May 18, 2010, is designated as a potential wilderness 
     area.
       (B) Uses.--The Secretary shall permit only such uses on the 
     land described in subparagraph (A) that were permitted on the 
     date of enactment of this Act.
       (C) Designation as wilderness.--
       (i) In general.--On the date on which the Secretary 
     publishes in the Federal Register the notice described in 
     clause (ii), the potential wilderness area designated under 
     subparagraph (A) shall be--

       (I) designated as wilderness and as a component of the 
     National Wilderness Preservation System; and
       (II) incorporated into the Robledo Mountains Wilderness 
     designated by subsection (a)(6).

       (ii) Notice.--The notice referred to in clause (i) is 
     notice that--

       (I) the communications site within the potential wilderness 
     area designated under subparagraph (A) is no longer used;
       (II) the associated right-of-way is relinquished or not 
     renewed; and
       (III) the conditions in the potential wilderness area 
     designated by subparagraph (A) are compatible with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

       (i) Release of Wilderness Study Areas.--Congress finds 
     that, for purposes of section 603(c) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the 
     public land in Dona Ana County administered by the Bureau of 
     Land Management not designated as wilderness by subsection 
     (a)--
       (1) has been adequately studied for wilderness designation;
       (2) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (3) shall be managed in accordance with--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (B) this title; and
       (C) any other applicable laws.

     SEC. 2003. ESTABLISHMENT OF NATIONAL CONSERVATION AREAS.

       (a) Establishment.--The following areas in the State are 
     established as National Conservation Areas:
       (1) Organ mountains national conservation area.--Certain 
     land administered by the Bureau of Land Management in Dona 
     Ana County comprising approximately 84,950 acres, as 
     generally depicted on the map entitled ``Organ Mountains 
     National Conservation Area'' and dated June 22, 2010, which 
     shall be known as the ``Organ Mountains National Conservation 
     Area''.
       (2) Desert peaks national conservation area.--Certain land 
     administered by the Bureau of Land Management in Dona Ana 
     County comprising approximately 75,550 acres, as generally 
     depicted on the map entitled ``Desert Peaks National 
     Conservation Area'' and dated May 18, 2010, which shall be 
     known as the ``Desert Peaks National Conservation Area''.
       (b) Purposes.--The purposes of the Conservation Areas are 
     to conserve, protect, and enhance for the benefit and 
     enjoyment of present and future generations the cultural, 
     archaeological, natural, geological, historical, ecological, 
     watershed, wildlife, educational, recreational, and scenic 
     resources of the Conservation Areas.
       (c) Management.--
       (1) In general.--The Secretary shall manage the 
     Conservation Areas--
       (A) in a manner that conserves, protects, and enhances the 
     resources of the Conservation Areas; and
       (B) in accordance with--
       (i) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (ii) this title; and
       (iii) any other applicable laws.
       (2) Uses.--
       (A) In general.--The Secretary shall allow only such uses 
     of the Conservation Areas that the Secretary determines would 
     further the purposes described in subsection (b).
       (B) Use of motorized vehicles.--
       (i) In general.--Except as needed for administrative 
     purposes or to respond to an emergency, the use of motorized 
     vehicles in the Conservation Areas shall be permitted only on 
     roads designated for use by motorized vehicles in the 
     management plan.
       (ii) New roads.--No additional road shall be built within 
     the Conservation Areas after the date of enactment of this 
     Act unless the road is necessary for public safety or natural 
     resource protection.
       (C) Grazing.--The Secretary shall permit grazing within the 
     Conservation Areas, where established before the date of 
     enactment of this Act--
       (i) subject to all applicable laws (including regulations) 
     and Executive orders; and
       (ii) consistent with the purposes described in subsection 
     (b).
       (D) Utility right-of-way upgrades.--Nothing in this section 
     precludes the Secretary from renewing or authorizing the 
     upgrading (including widening) of a utility right-of-way in 
     existence as of the date of enactment of this Act through the 
     Organ Mountains National Conservation Area--
       (i) in accordance with--

       (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (II) any other applicable law; and

       (ii) subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     management plan for each of the Conservation Areas.
       (2) Consultation.--The management plans shall be developed 
     in consultation with--
       (A) interested Federal agencies;
       (B) State, tribal, and local governments; and
       (C) the public.

[[Page 22624]]

       (3) Considerations.--In preparing and implementing the 
     management plans, the Secretary shall consider the 
     recommendations of Indian tribes and pueblos on methods for 
     providing access to, and protection for, traditional cultural 
     and religious sites in the Conservation Areas.
       (e) Incorporation of Acquired Land and Interests in Land.--
     Any land or interest in land that is within the boundary of a 
     Conservation Area designated by subsection (a) that is 
     acquired by the United States shall--
       (1) become part of the Conservation Area within the 
     boundaries of which the land is located; and
       (2) be managed in accordance with--
       (A) this title; and
       (B) any other applicable laws.
       (f) Transfer of Administrative Jurisdiction.--On the date 
     of enactment of this Act, administrative jurisdiction over 
     the approximately 2,050 acres of land generally depicted as 
     ``Transfer from DOD to BLM'' on the map entitled ``Organ 
     Mountains National Conservation Area'' and dated June 22, 
     2010, shall--
       (1) be transferred from the Secretary of Defense to the 
     Secretary;
       (2) become part of the Organ Mountains National 
     Conservation Area; and
       (3) be managed in accordance with--
       (A) this title; and
       (B) any other applicable laws.

     SEC. 2004. GENERAL PROVISIONS.

       (a) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file maps and 
     legal descriptions of the Conservation Areas and the 
     wilderness areas designated by this title with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct errors in the maps and legal descriptions.
       (3) Public availability.--The maps and legal descriptions 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.
       (b) National Landscape Conservation System.--The 
     Conservation Areas and the wilderness areas designated by 
     this title shall be administered as components of the 
     National Landscape Conservation System.
       (c) Fish and Wildlife.--Nothing in this title affects the 
     jurisdiction of the State with respect to fish and wildlife 
     located on public land in the State, except that the 
     Secretary, after consultation with the New Mexico Department 
     of Game and Fish, may designate zones where, and establish 
     periods during which, hunting, or fishing shall not be 
     allowed for reasons of public safety, administration, the 
     protection for nongame species and their habitats, or public 
     use and enjoyment.
       (d) Withdrawals.--
       (1) In general.--Subject to valid existing rights, the 
     Federal land within the Conservation Areas, the wilderness 
     areas designated by this title, and any land or interest in 
     land that is acquired by the United States in the 
     Conservation Areas or wilderness areas after the date of 
     enactment of this Act is withdrawn from--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (2) Parcel a.--The approximately 1,300 acres of land 
     generally depicted as ``Parcel A'' on the map entitled 
     ``Organ Mountains National Conservation Area'' and dated June 
     22, 2010, is withdrawn in accordance with paragraph (1), 
     except that the land is not withdrawn from disposal under the 
     Act of June 14, 1926 (commonly known as the ``Recreation and 
     Public Purposes Act'') (43 U.S.C. 869 et seq.).
       (3) Parcel b.--The approximately 6,500 acres of land 
     generally depicted as ``Parcel B'' on the map entitled 
     ``Organ Mountains National Conservation Area'' and dated June 
     22, 2010, is withdrawn in accordance with paragraph (1), 
     except that the land is not withdrawn for purposes of the 
     issuance of oil and gas pipeline rights-of-way.

     SEC. 2005. PREHISTORIC TRACKWAYS NATIONAL MONUMENT BOUNDARY 
                   ADJUSTMENT.

       Section 2103 of the Omnibus Public Land Management Act of 
     2009 (16 U.S.C. 431 note; Public Law 111-11; 123 Stat. 1097) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Description of Land.--The Monument shall consist of 
     approximately 5,750 acres of public land in Dona Ana County, 
     New Mexico, as generally depicted on the map entitled `Desert 
     Peaks National Conservation Area' and dated May 18, 2010.''.

     SEC. 2006. BORDER SECURITY.

       (a) In General.--Nothing in this title--
       (1) prevents the Secretary of Homeland Security from 
     undertaking law enforcement and border security activities, 
     in accordance with section 4(c) of the Wilderness Act (16 
     U.S.C. 1133(c)), within the areas designated as wilderness by 
     this title, including the ability to use motorized access 
     within a wilderness area while in pursuit of a suspect;
       (2) affects the 2006 Memorandum of Understanding among the 
     Department of Homeland Security, the Department of the 
     Interior, and the Department of Agriculture regarding 
     cooperative national security and counterterrorism efforts on 
     Federal land along the borders of the United States; or
       (3) prevents the Secretary of Homeland Security from 
     conducting any low-level overflights over the wilderness 
     areas designated by this title that may be necessary for law 
     enforcement and border security purposes.
       (b) Restricted Use Area.--
       (1) Withdrawal.--The area identified as ``Restricted Use 
     Area'' on the map entitled ``Potrillo Mountains Complex'' and 
     dated May 18, 2010, is withdrawn in accordance with section 
     2004(d)(1).
       (2) Administration.--Except as provided in paragraphs (3) 
     and (4), the Secretary shall administer the area described in 
     paragraph (1) in a manner that, to the maximum extent 
     practicable, protects the wilderness character of the area.
       (3) Use of motor vehicles.--The use of motor vehicles, 
     motorized equipment, and mechanical transport shall be 
     prohibited in the area described in paragraph (1), except as 
     necessary for--
       (A) the administration of the area (including the conduct 
     of law enforcement and border security activities in the 
     area); or
       (B) grazing uses by authorized permittees.
       (4) Effect of subsection.--Nothing in this subsection 
     precludes the Secretary from allowing within the area 
     described in paragraph (1) the installation and maintenance 
     of communication or surveillance infrastructure necessary for 
     law enforcement or border security activities.
       (c) Restricted Route.--The route excluded from the Potrillo 
     Mountains Wilderness identified as ``Restricted-
     Administrative Access'' on the map entitled ``Potrillo 
     Mountains Complex'' and dated May 18, 2010, shall be--
       (1) closed to public access; but
       (2) available for administrative and law enforcement uses, 
     including border security activities.

     SEC. 2007. AUTHORIZATION OF APPROPRIATIONS.

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

              TITLE XXI--ALPINE LAKES WILDERNESS ADDITIONS

     SEC. 2101. EXPANSION OF ALPINE LAKES WILDERNESS.

       (a) In General.--There is designated as wilderness and as a 
     component of the National Wilderness Preservation System 
     certain Federal land in the Mount Baker-Snoqualmie National 
     Forest in the State of Washington comprising approximately 
     22,173 acres that is within the Proposed Alpine Lakes 
     Wilderness Additions Boundary, as generally depicted on the 
     map entitled ``Proposed Alpine Lakes Wilderness Additions'' 
     and dated December 3, 2009, which is incorporated in and 
     shall be considered to be a part of the Alpine Lakes 
     Wilderness.
       (b) Administration.--
       (1) Management.--Subject to valid existing rights, the land 
     designated as wilderness by subsection (a) shall be 
     administered by the Secretary of Agriculture (referred to in 
     this section as the ``Secretary''), in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that any 
     reference in that Act to the effective date of that Act shall 
     be considered to be a reference to the date of enactment of 
     this Act.
       (2) Map and description.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of the land designated as wilderness by 
     subsection (a) with--
       (i) the Committee on Natural Resources of the House of 
     Representatives; and
       (ii) the Committee on Energy and Natural Resources of the 
     Senate.
       (B) Force of law.--A map and legal description filed under 
     subparagraph (A) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     minor errors in the map and legal description.
       (C) Public availability.--The map and legal description 
     filed under subparagraph (A) shall be filed and made 
     available for public inspection in the appropriate office of 
     the Forest Service.
       (c) Incorporation of Acquired Land and Interests in Land.--
     Any land or interests in land within the Proposed Alpine 
     Lakes Wilderness Additions Boundary, as generally depicted on 
     the map entitled ``Proposed Alpine Lakes Wilderness 
     Additions'' and dated December 3, 2009, that is acquired by 
     the United States shall--
       (1) become part of the wilderness area; and
       (2) be managed in accordance with subsection (b)(1).

     SEC. 2102. WILD AND SCENIC RIVER DESIGNATIONS.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) (as amended by section 205(a)) is amended by adding 
     at the end the following:
       ``(209) Middle fork snoqualmie, washington.--The 27.4-mile 
     segment from the headwaters of the Middle Fork Snoqualmie 
     River near La Bohn Gap in NE \1/4\ sec. 20, T.

[[Page 22625]]

     24 N., R. 13 E., to the northern boundary of sec. 11, T. 23 
     N., R. 9 E., to be administered by the Secretary of 
     Agriculture in the following classifications:
       ``(A) The approximately 6.4-mile segment from the 
     headwaters of the Middle Fork Snoqualmie River near La Bohn 
     Gap in NE \1/4\ sec. 20, T. 24 N., R. 13 E., to the west 
     section line of sec. 3, T. 23 N., R. 12 E., as a wild river.
       ``(B) The approximately 21-mile segment from the west 
     section line of sec. 3, T. 23 N., R. 12 E., to the northern 
     boundary of sec. 11, T. 23 N., R. 9 E., as a scenic river.
       ``(210) Pratt river, washington.--The entirety of the Pratt 
     River in the State of Washington, located in the Mount Baker-
     Snoqualmie National Forest, to be administered by the 
     Secretary of Agriculture as a wild river.''.

                TITLE XXII--DEVIL'S STAIRCASE WILDERNESS

     SEC. 2201. DEFINITIONS.

       In this title:
       (1) Map.--The term ``map'' means the map entitled ``Devil's 
     Staircase Wilderness Proposal'' and dated June 15, 2010.
       (2) Secretary.--The term ``Secretary'' means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (3) State.--The term ``State'' means the State of Oregon.
       (4) Wilderness.--The term ``Wilderness'' means the Devil's 
     Staircase Wilderness designated by section 2202(a).

     SEC. 2202. DEVIL'S STAIRCASE WILDERNESS, OREGON.

       (a) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the approximately 30,540 acres of 
     Forest Service land and Bureau of Land Management land in the 
     State, as generally depicted on the map, is designated as 
     wilderness and as a component of the National Wilderness 
     Preservation System, to be known as the ``Devil's Staircase 
     Wilderness''.
       (b) Map; Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of the Wilderness.
       (2) Force of law.--The map and legal description prepared 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct clerical and typographical errors in the map and 
     legal description.
       (3) Availability.--The map and legal description prepared 
     under paragraph (1) shall be on file and available for public 
     inspection in the appropriate offices of the Forest Service 
     and Bureau of Land Management.
       (c) Administration.--Subject to valid existing rights, the 
     area designated as wilderness by this section shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of enactment of 
     this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary that has jurisdiction over the land within the 
     Wilderness.
       (d) Fish and Wildlife.--Nothing in this section affects the 
     jurisdiction or responsibilities of the State with respect to 
     fish and wildlife in the State.
       (e) Adjacent Management.--
       (1) In general.--Nothing in this section creates any 
     protective perimeter or buffer zone around the Wilderness.
       (2) Activities outside wilderness.--The fact that a 
     nonwilderness activity or use on land outside the Wilderness 
     can be seen or heard within the Wilderness shall not preclude 
     the activity or use outside the boundary of the Wilderness.
       (f) Protection of Tribal Rights.--Nothing in this section 
     diminishes any treaty rights of an Indian tribe.
       (g) Transfer of Administrative Jurisdiction.--
       (1) In general.--Administrative jurisdiction over the 
     approximately 49 acres of Bureau of Land Management land 
     north of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is 
     transferred from the Bureau of Land Management to the Forest 
     Service.
       (2) Administration.--The Secretary shall administer the 
     land transferred by paragraph (1) in accordance with--
       (A) the Act of March 1, 1911 (commonly known as the ``Weeks 
     Law'') (16 U.S.C. 480 et seq.); and
       (B) any laws (including regulations) applicable to the 
     National Forest System.

     SEC. 2203. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK 
                   AND FRANKLIN CREEK, OREGON.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) (as amended by section 2102) is amended by adding at 
     the end the following:
       ``(211) Franklin creek, oregon.--The 4.5-mile segment from 
     its headwaters to the line of angle points within sec. 8, T. 
     22 S., R. 10 W., shown on the survey recorded in the Official 
     Records of Douglas County, Oregon, as M64-62, to be 
     administered by the Secretary of Agriculture as a wild river.
       ``(212) Wasson creek, oregon.--The 10.1-mile segment in the 
     following classes:
       ``(A) The 4.2-mile segment from the eastern boundary of 
     sec. 17, T. 21 S., R. 9 W., downstream to the western 
     boundary of sec. 12, T. 21 S., R. 10 W., to be administered 
     by the Secretary of the Interior as a wild river.
       ``(B) The 5.9-mile segment from the western boundary of 
     sec. 12, T. 21 S., R. 10 W., downstream to the eastern 
     boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 
     W., to be administered by the Secretary of Agriculture as a 
     wild river.''.

             TITLE XXIII--IDAHO WILDERNESS WATER FACILITIES

     SEC. 2301. TREATMENT OF EXISTING WATER DIVERSIONS IN FRANK 
                   CHURCH-RIVER OF NO RETURN WILDERNESS AND 
                   SELWAY-BITTERROOT WILDERNESS, IDAHO.

       (a) Authorization for Continued Use.--The Secretary of 
     Agriculture is authorized to issue a special use 
     authorization to each of the 20 owners of a water storage, 
     transport, or diversion facility (in this section referred to 
     as a ``facility'') located on National Forest System land in 
     the Frank Church-River of No Return Wilderness or the Selway-
     Bitterroot Wilderness (as identified on the map titled 
     ``Unauthorized Private Water Diversions located within the 
     Frank Church River of No Return Wilderness'', dated December 
     14, 2009, or the map titled ``Unauthorized Private Water 
     Diversions located within the Selway-Bitterroot Wilderness'', 
     dated December 11, 2009) for the continued operation, 
     maintenance, and reconstruction of the facility if the 
     Secretary determines that--
       (1) the facility was in existence on the date on which the 
     land upon which the facility is located was designated as 
     part of the National Wilderness Preservation System (in this 
     section referred to as ``the date of designation'');
       (2) the facility has been in substantially continuous use 
     to deliver water for the beneficial use on the owner's non-
     Federal land since the date of designation;
       (3) the owner of the facility holds a valid water right for 
     use of the water on the owner's non-Federal land under Idaho 
     State law, with a priority date that predates the date of 
     designation; and
       (4) it is not practicable or feasible to relocate the 
     facility to land outside of the wilderness and continue the 
     beneficial use of water on the non-Federal land recognized 
     under State law.
       (b) Terms and Conditions.--
       (1) Equipment, transport, and use terms and conditions.--In 
     a special use authorization issued under subsection (a), the 
     Secretary is authorized to--
       (A) allow use of motorized equipment and mechanized 
     transport for operation, maintenance, or reconstruction of a 
     facility, if the Secretary determines that--
       (i) the use is necessary to allow the facility to continue 
     delivery of water to the non-Federal land for the beneficial 
     uses recognized by the water right held under Idaho State 
     law; and
       (ii) after conducting a minimum tool analysis for the 
     facility, the use of nonmotorized equipment and nonmechanized 
     transport is impracticable or infeasible; and
       (B) preclude use of the facility for the storage, 
     diversion, or transport of water in excess of the water right 
     recognized by the State of Idaho on the date of designation.
       (2) Additional terms and conditions.--In a special use 
     authorization issued under subsection (a), the Secretary is 
     authorized to--
       (A) require or allow modification or relocation of the 
     facility in the wilderness, as the Secretary determines 
     necessary, to reduce impacts to wilderness values set forth 
     in section 2 of the Wilderness Act (16 U.S.C. 1131) if the 
     beneficial use of water on the non-Federal land is not 
     diminished; and
       (B) require that the owner provide a reciprocal right of 
     access across the non-Federal property, in which case, the 
     owner shall receive market value for any right-of-way or 
     other interest in real property conveyed to the United 
     States, and market value may be paid by the Secretary, in 
     whole or in part, by the grant of a reciprocal right-of-way, 
     or by reduction of fees or other costs that may accrue to the 
     owner to obtain the authorization for water facilities.

               DIVISION C--FOREST SERVICE AUTHORIZATIONS

        TITLE XXX--CHIMNEY ROCK NATIONAL MONUMENT AUTHORIZATION

     SEC. 3001. DEFINITIONS.

       In this title:
       (1) National monument.--The term ``national monument'' 
     means the Chimney Rock National Monument established by 
     section 3002(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) State.--The term ``State'' means the State of Colorado.

     SEC. 3002. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.

       (a) Establishment.--There is established in the State the 
     Chimney Rock National Monument--

[[Page 22626]]

       (1) to preserve, protect, and restore the archeological, 
     cultural, historic, geologic, hydrologic, natural, 
     educational, and scenic resources of Chimney Rock and 
     adjacent land; and
       (2) to provide for public interpretation and recreation 
     consistent with the protection of the resources described in 
     paragraph (1).
       (b) Boundaries.--
       (1) In general.--The national monument shall consist of 
     approximately 4,726 acres of land and interests in land, as 
     generally depicted on the map entitled ``Boundary Map, 
     Chimney Rock National Monument'' and dated January 5, 2010.
       (2) Minor adjustments.--The Secretary may make minor 
     adjustments to the boundary of the national monument to 
     reflect the inclusion of significant archeological resources 
     discovered after the date of enactment of this Act on 
     adjacent National Forest System land.
       (3) Availability of map.--The map described in paragraph 
     (1) shall be on file and available for public inspection in 
     the appropriate offices of the Forest Service.

     SEC. 3003. ADMINISTRATION.

       (a) In General.--The Secretary shall--
       (1) administer the national monument--
       (A) in furtherance of the purposes for which the national 
     monument was established; and
       (B) in accordance with--
       (i) this title; and
       (ii) any laws generally applicable to the National Forest 
     System; and
       (2) allow only such uses of the national monument that the 
     Secretary determines would further the purposes described in 
     section 3002(a).
       (b) Tribal Uses.--
       (1) In general.--The Secretary shall administer the 
     national monument in accordance with--
       (A) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.); and
       (B) the policy described in Public Law 95-341 (commonly 
     known as the ``American Indian Religious Freedom Act'') (42 
     U.S.C. 1996).
       (2) Traditional uses.--Subject to any terms and conditions 
     the Secretary determines to be necessary and in accordance 
     with applicable law, the Secretary shall allow for the 
     continued use of the national monument by members of Indian 
     tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.
       (c) Vegetation Management.--The Secretary may carry out 
     vegetation management treatments within the national 
     monument, except that the harvesting of timber shall only be 
     used if the Secretary determines that the harvesting is 
     necessary for--
       (1) ecosystem restoration in furtherance of the purposes 
     described in section 3002(a); or
       (2) the control of fire, insects, or diseases.
       (d) Motor Vehicles and Mountain Bikes.--The use of motor 
     vehicles and mountain bikes in the national monument shall be 
     limited to the roads and trails identified by the Secretary 
     as appropriate for the use of motor vehicles and mountain 
     bikes.
       (e) Grazing.--The Secretary shall permit grazing within the 
     national monument, where established before the date of 
     enactment of this Act--
       (1) subject to all applicable laws (including regulations); 
     and
       (2) consistent with the purposes described in section 
     3002(a).
       (f) Utility Right-of-way Upgrades.--Nothing in this title 
     precludes the Secretary from renewing or authorizing the 
     upgrading of a utility right-of-way in existence as of the 
     date of enactment of this Act through the national monument--
       (1) in accordance with--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (B) any other applicable law; and
       (2) subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (g) Education and Interpretive Center.--The Secretary may 
     develop and construct an education and interpretive center to 
     interpret the scientific and cultural resources of the 
     national monument for the public.

     SEC. 3004. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     Indian tribes with a cultural or historic tie to Chimney 
     Rock, shall develop a management plan for the national 
     monument.
       (b) Public Comment.--In developing the management plan, the 
     Secretary shall provide an opportunity for public comment 
     by--
       (1) State and local governments;
       (2) tribal governments; and
       (3) any other interested organizations and individuals.

     SEC. 3005. LAND ACQUISITION.

       The Secretary may acquire land and any interest in land 
     within or adjacent to the boundary of the national monument 
     by--
       (1) purchase from willing sellers with donated or 
     appropriated funds;
       (2) donation; or
       (3) exchange.

     SEC. 3006. WITHDRAWAL.

       (a) In General.--Subject to valid existing rights, all 
     Federal land within the national monument (including any land 
     or interest in land acquired after the date of enactment of 
     this Act) is withdrawn from--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) subject to subsection (b), operation of the mineral 
     leasing, mineral materials, and geothermal leasing laws.
       (b) Limitation.--Notwithstanding subsection (a)(3), the 
     Federal land is not withdrawn for the purposes of issuance of 
     gas pipeline rights-of-way within easements in existence as 
     of the date of enactment of this Act.

     SEC. 3007. EFFECT.

       (a) Water Rights.--
       (1) In general.--Nothing in this title affects any valid 
     water rights, including water rights held by the United 
     States.
       (2) Reserved water right.--The designation of the national 
     monument does not create a Federal reserved water right.
       (b) Tribal Rights.--Nothing in this title affects--
       (1) the rights of any Indian tribe on Indian land;
       (2) any individually-held trust land or Indian allotment; 
     or
       (3) any treaty rights providing for nonexclusive access to 
     or within the national monument by members of Indian tribes 
     for traditional and cultural purposes.
       (c) Fish and Wildlife.--Nothing in this title affects the 
     jurisdiction of the State with respect to the management of 
     fish and wildlife on public land in the State.
       (d) Adjacent Uses.--Nothing in this title--
       (1) creates a protective perimeter or buffer zone around 
     the national monument; or
       (2) affects private property outside of the boundary of the 
     national monument.

     SEC. 3008. AUTHORIZATION OF APPROPRIATIONS.

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

       TITLE XXXI--NORTH FORK FLATHEAD RIVER WATERSHED PROTECTION

     SEC. 3101. DEFINITIONS.

       In this title:
       (1) Eligible federal land.--The term ``eligible Federal 
     land'' means--
       (A) any federally owned land or interest in land depicted 
     on the Map as within the North Fork Federal Lands Withdrawal 
     Area; or
       (B) any land or interest in land located within the North 
     Fork Federal Lands Withdrawal Area that is acquired by the 
     Federal Government after the date of enactment of this Act.
       (2) Map.--The term ``Map'' means the Bureau of Land 
     Management map entitled ``North Fork Federal Lands Withdrawal 
     Area'' and dated June 9, 2010.

     SEC. 3102. WITHDRAWAL.

       (a) Withdrawal.--Subject to valid existing rights, the 
     eligible Federal land is withdrawn from--
       (1) all forms of location, entry, and patent under the 
     mining laws; and
       (2) disposition under all laws relating to mineral leasing 
     and geothermal leasing.
       (b) Availability of Map.--Not later than 30 days after the 
     date of enactment of this Act, the Map shall be made 
     available to the public at each appropriate office of the 
     Bureau of Land Management.

              TITLE XXXII--LAND CONVEYANCES AND EXCHANGES

           Subtitle A--Sugar Loaf Fire District Land Exchange

     SEC. 3201. DEFINITIONS.

       In this subtitle:
       (1) District.--The term ``District'' means the Sugar Loaf 
     Fire Protection District of Boulder, Colorado.
       (2) Federal land.--The term ``Federal land'' means--
       (A) the parcel of approximately 1.52 acres of land in the 
     National Forest that is generally depicted on the map 
     numbered 1, entitled ``Sugarloaf Fire Protection District 
     Proposed Land Exchange'', and dated November 12, 2009; and
       (B) the parcel of approximately 3.56 acres of land in the 
     National Forest that is generally depicted on the map 
     numbered 2, entitled ``Sugarloaf Fire Protection District 
     Proposed Land Exchange'', and dated November 12, 2009.
       (3) National forest.--The term ``National Forest'' means 
     the Arapaho-Roosevelt National Forests located in the State 
     of Colorado.
       (4) Non-federal land.--The term ``non-Federal land'' means 
     the parcel of approximately 5.17 acres of non-Federal land in 
     unincorporated Boulder County, Colorado, that is generally 
     depicted on the map numbered 3, entitled ``Sugarloaf Fire 
     Protection District Proposed Land Exchange'', and dated 
     November 12, 2009.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 3202. LAND EXCHANGE.

       (a) In General.--Subject to the provisions of this 
     subtitle, if the District offers to convey to the Secretary 
     all right, title, and interest of the District in and to the 
     non-Federal land, and the offer is acceptable to the 
     Secretary--
       (1) the Secretary shall accept the offer; and
       (2) on receipt of acceptable title to the non-Federal land, 
     the Secretary shall convey

[[Page 22627]]

     to the District all right, title, and interest of the United 
     States in and to the Federal land.
       (b) Applicable Law.--Section 206 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1716) shall apply to 
     the land exchange authorized under subsection (a), except 
     that--
       (1) the Secretary may accept a cash equalization payment in 
     excess of 25 percent of the value of the Federal land; and
       (2) as a condition of the land exchange under subsection 
     (a), the District shall--
       (A) pay each cost relating to any land surveys and 
     appraisals of the Federal land and non-Federal land; and
       (B) enter into an agreement with the Secretary that 
     allocates any other administrative costs between the 
     Secretary and the District.
       (c) Additional Terms and Conditions.--The land exchange 
     under subsection (a) shall be subject to--
       (1) valid existing rights; and
       (2) any terms and conditions that the Secretary may 
     require.
       (d) Time for Completion of Land Exchange.--It is the intent 
     of Congress that the land exchange under subsection (a) shall 
     be completed not later than 1 year after the date of 
     enactment of this Act.
       (e) Authority of Secretary To Conduct Sale of Federal 
     Land.--
       (1) In general.--In accordance with paragraph (2), if the 
     land exchange under subsection (a) is not completed by the 
     date that is 1 year after the date of enactment of this Act, 
     the Secretary may offer to sell to the District the Federal 
     land.
       (2) Value of federal land.--The Secretary may offer to sell 
     to the District the Federal land for the fair market value of 
     the Federal land.
       (f) Disposition of Proceeds.--
       (1) In general.--The Secretary shall deposit in the fund 
     established under Public Law 90-171 (commonly known as the 
     ``Sisk Act'') (16 U.S.C. 484a) any amount received by the 
     Secretary as the result of--
       (A) any cash equalization payment made under subsection 
     (b); and
       (B) any sale carried out under subsection (e).
       (2) Use of proceeds.--Amounts deposited under paragraph (1) 
     shall be available to the Secretary, without further 
     appropriation and until expended, for the acquisition of land 
     or interests in land in the National Forest.
       (g) Management and Status of Acquired Land.--The non-
     Federal land acquired by the Secretary under this section 
     shall be--
       (1) added to, and administered as part of, the National 
     Forest; and
       (2) managed by the Secretary in accordance with--
       (A) the Act of March 1, 1911 (commonly known as the ``Weeks 
     Law'') (16 U.S.C. 480 et seq.); and
       (B) any laws (including regulations) applicable to the 
     National Forest.
       (h) Revocation of Orders; Withdrawal.--
       (1) Revocation of orders.--Any public order withdrawing the 
     Federal land from entry, appropriation, or disposal under the 
     public land laws is revoked to the extent necessary to permit 
     the conveyance of the Federal land to the District.
       (2) Withdrawal.--On the date of enactment of this Act, if 
     not already withdrawn or segregated from entry and 
     appropriation under the public land laws (including the 
     mining and mineral leasing laws) and the Geothermal Steam Act 
     of 1970 (30 U.S.C. 1001 et seq.), the Federal land is 
     withdrawn until the date of the conveyance of the Federal 
     land to the District.

       Subtitle B--Wasatch-Cache National Forest Land Conveyance

     SEC. 3211. DEFINITIONS.

       In this subtitle:
       (1) Federal land.--The term ``Federal land'' means the 
     following 3 parcels of National Forest System land located in 
     the Wasatch-Cache National Forest in the incorporated 
     boundary of the Town:
       (A) A parcel of land occupied by the administration 
     building of the Town pursuant to Forest Service special use 
     permit SLC102708.
       (B) A parcel of land occupied by the public service 
     building of the Town pursuant to Forest Service special use 
     permit SLC102708.
       (C) A parcel of land occupied by the water service building 
     of the Town pursuant to Forest Service special use permit 
     SLC102707.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Town.--The term ``Town'' means the town of Alta, Utah.

     SEC. 3212. CONVEYANCE OF FEDERAL LAND TO ALTA, UTAH.

       (a) In General.--Subject to subsection (b) and valid 
     existing rights, as soon as practicable after the date of 
     enactment of this Act, the Secretary shall convey to the 
     Town, without consideration, all right, title, and interest 
     of the United States in and to the Federal land.
       (b) Conditions.--
       (1) Use of federal land.--As a condition of the conveyance 
     under subsection (a), the Town shall use the Federal land 
     only for public purposes consistent with the applicable 
     special use permit described in section 3211(1).
       (2) Deed and reversion.--The conveyance under subsection 
     (a) shall be by quitclaim deed, which shall provide that the 
     Federal land shall revert to the Secretary, at the election 
     of the Secretary, if the Federal land is used for a purpose 
     other than a purpose provided under paragraph (1).
       (3) Acreage.--
       (A) In general.--The boundaries of the Federal land 
     conveyed under subsection (a) shall be determined by the 
     Secretary, in consultation with the Town, subject to the 
     condition that the Federal land conveyed may not exceed a 
     total of 2 acres.
       (B) Survey and legal description.--The exact acreage and 
     legal description of the Federal land shall be determined, in 
     accordance with subparagraph (A), by a survey approved by the 
     Secretary.
       (4) Costs.--The Town shall pay each administrative cost of 
     the conveyance under subsection (a), including the costs of 
     the survey carried out under paragraph (3).
       (5) Additional terms and conditions.--The conveyance under 
     subsection (a) shall be subject to such terms and conditions 
     as the Secretary may require.

          Subtitle C--Los Padres National Forest Land Exchange

     SEC. 3221. DEFINITIONS.

       In this subtitle:
       (1) Federal land.--The term ``Federal land'' means the 
     approximately 5 acres of National Forest System land in Santa 
     Barbara County, California, as generally depicted on the map.
       (2) Foundation.--The term ``Foundation'' means the White 
     Lotus Foundation, a nonprofit foundation located in Santa 
     Barbara, California.
       (3) Map.--The term ``map'' means the map entitled ``San 
     Marcos Pass Encroachment for Consideration of Legislative 
     Remedy'' and dated June 1, 2009.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 3222. LAND EXCHANGE.

       (a) In General.--Subject to the provisions of this section, 
     if the Foundation offers to convey to the Secretary all 
     right, title, and interest of the Foundation in and to a 
     parcel of non-Federal land that is acceptable to the 
     Secretary--
       (1) the Secretary shall accept the offer; and
       (2) on receipt of acceptable title to the non-Federal land, 
     the Secretary shall convey to the Foundation all right, 
     title, and interest of the United States in and to the 
     Federal land.
       (b) Applicable Law.--The land exchange authorized under 
     subsection (a) shall be subject to section 206 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1716).
       (c) Time for Completion of Land Exchange.--It is the intent 
     of Congress that the land exchange under subsection (a) shall 
     be completed not later than 2 years after the date of 
     enactment of this Act.
       (d) Authority of Secretary To Conduct Sale of Federal 
     Land.--If the land exchange under subsection (a) is not 
     completed by the date that is 2 years after the date of 
     enactment of this Act, the Secretary may offer to sell to the 
     Foundation the Federal land for fair market value.
       (e) Additional Terms and Conditions.--The land exchange 
     under subsection (a) and any sale under subsection (d) shall 
     be subject to--
       (1) valid existing rights;
       (2) the Secretary finding that the public interest would be 
     well served by making the exchange or sale;
       (3) any terms and conditions that the Secretary may 
     require; and
       (4) the Foundation paying the reasonable costs of any 
     surveys, appraisals, and any other administrative costs 
     associated with the land exchange or sale.
       (f) Appraisals.--
       (1) In general.--The land conveyed under subsection (a) or 
     (d) shall be appraised by an independent appraiser selected 
     by the Secretary.
       (2) Requirements.--An appraisal under paragraph (1) shall 
     be conducted in accordance with nationally recognized 
     appraisal standards, including--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (B) the Uniform Standards of Professional Appraisal 
     Practice.
       (g) Disposition of Proceeds.--
       (1) In general.--The Secretary shall deposit in the fund 
     established under Public Law 90-171 (commonly known as the 
     ``Sisk Act'') (16 U.S.C. 484a) any amount received by the 
     Secretary as the result of--
       (A) any cash equalization payment made under subsection 
     (b); and
       (B) any sale carried out under subsection (d).
       (2) Use of proceeds.--Amounts deposited under paragraph (1) 
     shall be available to the Secretary, without further 
     appropriation and until expended, for the acquisition of land 
     or interests in land in the Los Padres National Forest.
       (h) Management and Status of Acquired Land.--Any non-
     Federal land acquired by the Secretary under this subtitle 
     shall be managed by the Secretary in accordance with--
       (1) the Act of March 1, 1911 (commonly known as the ``Weeks 
     Law'') (16 U.S.C. 480 et seq.); and
       (2) any laws (including regulations) applicable to the 
     National Forest System.

[[Page 22628]]



                 Subtitle D--Box Elder Land Conveyance

     SEC. 3231. CONVEYANCE OF CERTAIN LANDS TO MANTUA, UTAH.

       (a) Conveyance Required.--The Secretary of Agriculture 
     shall convey, without consideration, to the town of Mantua, 
     Utah (in this section referred to as the ``town''), all 
     right, title, and interest of the United States in and to 
     parcels of National Forest System land in the Wasatch-Cache 
     National Forest in Box Elder County, Utah, consisting of 
     approximately 31.5 acres within section 27, township 9 north, 
     range 1 west, Salt Lake meridian and labeled as parcels A, B, 
     and C on the map entitled ``Box Elder Utah Land Conveyance 
     Act'' and dated July 14, 2008.
       (b) Survey.--If necessary, the exact acreage and legal 
     description of the lands to be conveyed under subsection (a) 
     shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the town.
       (c) Use of Land.--As a condition of the conveyance under 
     subsection (a), the town shall use the land conveyed under 
     such subsection for public purposes.
       (d) Reversionary Interest.--In the quitclaim deed to the 
     town prepared as part of the conveyance under subsection (a), 
     the Secretary shall provide that the land conveyed to the 
     town under such subsection shall revert to the Secretary, at 
     the election of the Secretary, if the land is used for other 
     than public purposes.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance authorized under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

                 Subtitle E--Deafy Glade Land Exchange

     SEC. 3241. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, 
                   CALIFORNIA.

       (a) Definitions.--In this section:
       (1) County.--The term ``County'' means Solano County, 
     California.
       (2) Federal land.--The term ``Federal land'' means the 
     parcel of approximately 82 acres of land--
       (A) known as the ``Fouts Springs Ranch''; and
       (B) generally depicted as the ``Fouts Springs Parcel'' on 
     the map.
       (3) Map.--The term ``map'' means the map entitled ``Fouts 
     Springs-Deafy Glade: Federal and Non-Federal Lands'' and 
     dated July 17, 2008.
       (4) Non-federal land.--The term ``non-Federal land'' means 
     the 4 parcels of land comprising approximately 160 acres that 
     are generally depicted as the ``Deafy Glade Parcel'' on the 
     map.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Land Exchange Required.--Subject to subsections (c) 
     through (f), if the County conveys to the United States such 
     right, title, and interest in and to the non-Federal land 
     that is acceptable to the Secretary, the Secretary shall 
     convey to the County such right, title, and interest to the 
     Federal land that the Secretary considers to be appropriate.
       (c) Applicable Law.--Section 206 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1716) shall apply to 
     the land exchange under this section.
       (d) Survey; Administrative Costs.--
       (1) In general.--The exact acreage and legal description of 
     the land to be exchanged under subsection (b) shall be 
     determined by a survey satisfactory to the Secretary.
       (2) Costs.--The costs of the survey, appraisal, and any 
     other administrative costs relating to the land exchange 
     shall be paid by the County.
       (e) Management of Acquired Land.--The non-Federal land 
     acquired by the Secretary under subsection (b) shall be--
       (1) added to, and administered as part of, the Mendocino 
     National Forest; and
       (2) managed in accordance with--
       (A) the Act of March 1, 1911 (commonly known as the ``Weeks 
     Law'') (16 U.S.C. 480 et seq.); and
       (B) the laws (including regulations) applicable to the 
     National Forest System.
       (f) Additional Terms and Conditions.--The land exchange 
     under subsection (b) shall be subject to any additional terms 
     and conditions that the Secretary may require, including such 
     terms and conditions as are necessary to ensure that the use 
     of the Federal land does not adversely impact the use of the 
     adjacent National Forest System land.

         Subtitle F--Wallowa Forest Service Compound Conveyance

     SEC. 3251. CONVEYANCE TO CITY OF WALLOWA, OREGON.

       (a) Definitions.--In this subtitle:
       (1) City.--The term ``City'' means the city of Wallowa, 
     Oregon.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Wallowa forest service compound.--The term ``Wallowa 
     Forest Service Compound'' means the approximately 1.11 acres 
     of National Forest System land that--
       (A) was donated by the City to the Forest Service on March 
     18, 1936; and
       (B) is located at 602 First Street, Wallowa, Oregon.
       (b) Conveyance.--On the request of the City submitted to 
     the Secretary by the date that is not later than 1 year after 
     the date of enactment of this Act and subject to the 
     provisions of this subtitle, the Secretary shall convey to 
     the City all right, title, and interest of the United States 
     in and to the Wallowa Forest Service Compound.
       (c) Conditions.--The conveyance under subsection (b) shall 
     be--
       (1) by quitclaim deed;
       (2) for no consideration; and
       (3) subject to--
       (A) valid existing rights; and
       (B) such terms and conditions as the Secretary may require.
       (d) Use of Wallowa Forest Service Compound.--As a condition 
     of the conveyance under subsection (b), the City shall--
       (1) use the Wallowa Forest Service Compound as a historical 
     and cultural interpretation and education center;
       (2) ensure that the Wallowa Forest Service Compound is 
     managed by a nonprofit entity; and
       (3) agree to manage the Wallowa Forest Service Compound 
     with due consideration and protection for the historic values 
     of the Wallowa Forest Service Compound.
       (e) Reversion.--In the quitclaim deed to the City, the 
     Secretary shall provide that the Wallowa Forest Service 
     Compound shall revert to the Secretary, at the election of 
     the Secretary, if any of the conditions under subsection (c) 
     or (d) are violated.

        Subtitle G--Sandia Pueblo Settlement Technical Amendment

     SEC. 3261. SANDIA PUEBLO SETTLEMENT TECHNICAL AMENDMENT.

       Section 413(b) of the T'uf Shur Bien Preservation Trust 
     Area Act (16 U.S.C. 539m-11(b)) is amended--
       (1) in the first sentence of paragraph (4), by striking 
     ``conveyance'' and inserting ``the title to be conveyed''; 
     and
       (2) by adding at the end the following:
       ``(6) Failure to exchange.--
       ``(A) In general.--If the land exchange authorized under 
     paragraph (1) is not completed by the date that is 180 days 
     after the date of enactment of this paragraph, the Secretary, 
     on receipt of consideration under subparagraph (B) and at the 
     request of the Pueblo and the Secretary of the Interior, 
     shall transfer the National Forest land generally depicted as 
     `USFS Land Proposed for Exchange' on the map entitled `Sandia 
     Pueblo/Cibola National Forest: Proposed Lands for Exchange' 
     and dated July 14, 2009, to the Secretary of the Interior to 
     be held in trust by the United States for the Pueblo, subject 
     to the condition that the land remain in its natural state.
       ``(B) Consideration.--In consideration for the National 
     Forest land to be held in trust under subparagraph (A), the 
     Pueblo shall pay to the Secretary the amount that is equal to 
     the difference between--
       ``(i) the amount that is equal to the fair market value of 
     the National Forest land, as subject to the condition that 
     the National Forest land remain in its natural state; and
       ``(ii) the amount of compensation owed to the Pueblo by the 
     Secretary for the right-of-way and conservation easement on 
     the Piedra Lisa tract under subsection (c)(2).
       ``(C) Use of funds.--Any amounts received by the Secretary 
     under this paragraph shall be deposited and available for use 
     without further appropriation in accordance with paragraph 
     (3).''.

                  TITLE XXXIII--GENERAL AUTHORIZATIONS

                   Subtitle A--Ski Areas Summer Uses

     SEC. 3301. PURPOSE.

       The purpose of this subtitle is to amend the National 
     Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)--
       (1) to enable snow-sports (other than nordic and alpine 
     skiing) to be permitted on National Forest System land, 
     subject to ski area permits issued by the Secretary of 
     Agriculture under section 3 of the National Forest Ski Area 
     Permit Act of 1986 (16 U.S.C. 497b); and
       (2) to clarify the authority of the Secretary of 
     Agriculture to permit appropriate additional seasonal or 
     year-round recreational activities and facilities on National 
     Forest System land subject to ski area permits issued by the 
     Secretary of Agriculture under section 3 of the National 
     Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b).

     SEC. 3302. SKI AREA PERMITS.

       Section 3 of the National Forest Ski Area Permit Act of 
     1986 (16 U.S.C. 497b) is amended--
       (1) in subsection (a), by striking ``nordic and alpine ski 
     areas and facilities'' and inserting ``ski areas and 
     associated facilities'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``nordic and alpine skiing operations and 
     purposes'' and inserting ``skiing and other snow sports and 
     recreational uses authorized by this Act'';
       (3) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (4) by inserting after subsection (b) the following:
       ``(c) Other Recreational Uses.--
       ``(1) Authority of secretary.--Subject to the terms of a 
     ski area permit issued pursuant to subsection (b), the 
     Secretary may authorize a ski area permittee to provide such 
     other seasonal or year-round natural resource-based 
     recreational activities and associated facilities (in 
     addition to skiing and

[[Page 22629]]

     other snow-sports) on National Forest System land subject to 
     a ski area permit as the Secretary determines to be 
     appropriate.
       ``(2) Requirements.--Each activity and facility authorized 
     by the Secretary under paragraph (1) shall--
       ``(A) encourage outdoor recreation and enjoyment of nature;
       ``(B) to the extent practicable--
       ``(i) harmonize with the natural environment of the 
     National Forest System land on which the activity or facility 
     is located; and
       ``(ii) be located within the developed portions of the ski 
     area;
       ``(C) be subject to such terms and conditions as the 
     Secretary determines to be appropriate; and
       ``(D) be authorized in accordance with--
       ``(i) the applicable land and resource management plan; and
       ``(ii) applicable laws (including regulations).
       ``(3) Inclusions.--Activities and facilities that may, in 
     appropriate circumstances, be authorized under paragraph (1) 
     include--
       ``(A) zip lines;
       ``(B) mountain bike terrain parks and trails;
       ``(C) frisbee golf courses; and
       ``(D) ropes courses.
       ``(4) Exclusions.--Activities and facilities that are 
     prohibited under paragraph (1) include--
       ``(A) tennis courts;
       ``(B) water slides and water parks;
       ``(C) swimming pools;
       ``(D) golf courses; and
       ``(E) amusement parks.
       ``(5) Limitation.--The Secretary may not authorize any 
     activity or facility under paragraph (1) if the Secretary 
     determines that the authorization of the activity or facility 
     would result in the primary recreational purpose of the ski 
     area permit to be a purpose other than skiing and other snow-
     sports.
       ``(6) Boundary determination.--In determining the acreage 
     encompassed by a ski area permit under subsection (b)(3), the 
     Secretary shall not consider the acreage necessary for 
     activities and facilities authorized under paragraph (1).
       ``(7) Effect on existing authorized activities and 
     facilities.--Nothing in this subsection affects any activity 
     or facility authorized by a ski area permit in effect on the 
     date of enactment of this subsection during the term of the 
     permit.'';
       (5) by striking subsection (d) (as redesignated by 
     paragraph (3)), and inserting the following:
       ``(d) Regulations.--Not later than 2 years after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations to implement this section.''; and
       (6) in subsection (e) (as redesignated by paragraph (3)), 
     by striking ``the National Environmental Policy Act, or the 
     Forest and Rangelands Renewable Resources Planning Act as 
     amended by the National Forest Management Act'' and inserting 
     ``the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.) and the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.)''.

     SEC. 3303. EFFECT.

       Nothing in the amendments made by this subtitle establishes 
     a legal preference for the holder of a ski area permit to 
     provide activities and associated facilities authorized by 
     section 3(c) of the National Forest Ski Area Permit Act of 
     1986 (16 U.S.C. 497b(c)) (as amended by section 3302).

       Subtitle B--National Forest Insect and Disease Authorities

     SEC. 3311. PURPOSES.

       The purposes of this subtitle are--
       (1) to ensure that adequate emphasis is placed on the 
     mitigation of hazards posed by landscape-scale epidemics of 
     bark beetles and other insects and diseases through the 
     identification of areas affected by the epidemics, including 
     areas in which resulting hazard trees pose a high risk to 
     public health and safety; and
       (2) to help focus resources within areas characterized by 
     landscape-scale insect or disease epidemics to mitigate 
     hazards associated with--
       (A) falling trees; and
       (B) wildfire.

     SEC. 3312. DEFINITIONS.

       In this subtitle:
       (1) Affected state.--The term ``affected State'' includes 
     each of the States of--
       (A) Alaska;
       (B) Arizona;
       (C) California;
       (D) Colorado;
       (E) Idaho;
       (F) Montana;
       (G) Nevada;
       (H) New Mexico;
       (I) Oregon;
       (J) South Dakota;
       (K) Utah;
       (L) Washington; and
       (M) Wyoming.
       (2) High-risk area.--The term ``high-risk area'' means a 
     road, trail, or other area that poses a high risk to public 
     health or safety due to hazard trees resulting from 
     landscape-scale tree mortality caused by an insect or disease 
     epidemic.
       (3) Insect or disease epidemic area.--The term ``insect or 
     disease epidemic area'' means an area of National Forest 
     System land in which landscape-scale tree mortality caused by 
     an insect or disease epidemic exists.
       (4) National forest system.--The term ``National Forest 
     System'' has the meaning given the term in section 11(a) of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1609(a)).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 3313. DESIGNATION OF AREAS.

       (a) Identification of High-risk Areas.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall identify by map or 
     other appropriate means high-risk areas within the National 
     Forest System in the affected States.
       (2) Public education.--In conjunction with the information 
     developed pursuant this subsection, the Secretary shall 
     develop educational materials that describe the risk posed by 
     hazard trees in high-risk areas and measures that can be 
     taken by the public to avoid or reduce that risk.
       (3) Consultation.--In developing the information and 
     educational materials required by this subsection, the 
     Secretary shall consult with interested State, local, and 
     tribal governments, first responders, and other stakeholders.
       (4) Updates.--The Secretary shall periodically review and 
     revise the information and educational materials required by 
     this subsection to reflect the best available information.
       (5) Public availability.--The information and associated 
     educational materials required by this subsection shall be on 
     file and available for public inspection, including in the 
     appropriate offices of the Forest Service.
       (b)  Identification of Insect and Disease Epidemic Areas.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall identify by map or 
     other appropriate means insect or disease epidemic areas 
     within the National Forest System in the affected States.
       (2) Required information.--The information required by 
     paragraph (1) shall include--
       (A) a geographic estimate of the annual mortality caused by 
     the insect or disease epidemic; and
       (B) a projection, based on the best available science, of 
     future tree mortality resulting from the insect or disease 
     epidemic.
       (3) Updates.--The Secretary shall periodically review and 
     revise the information required by paragraph (1) to reflect 
     the best available information.
       (4) Availability.--The information required by this 
     subsection shall be made available to--
       (A) communities in or adjacent to an insect or disease 
     epidemic area that have developed a community wildfire 
     protection plan (as defined in section 101 of the Healthy 
     Forests Restoration Act of 2003 (16 U.S.C. 6511));
       (B) fire departments and other wildfire-fighting 
     organizations responding to, or likely to respond to, a 
     wildfire in an insect or disease epidemic area; and
       (C) the public through the appropriate offices of the 
     Forest Service.
       (c) Contracts and Financial Assistance.--To help collect, 
     develop, monitor, and distribute the information and 
     materials required by this section, the Secretary may enter 
     into contracts or provide financial assistance through 
     cooperative agreements in accordance with section 8 of the 
     Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104) 
     with--
       (1) the State Forester or equivalent State official of an 
     affected State;
       (2) educational institutions; or
       (3) other organizations.

     SEC. 3314. SUPPORT FOR RESTORATION AND RESPONSE.

       (a) Support for Biomass Utilization.--To help reduce the 
     risk to public health and safety from hazard trees and 
     wildfires and to restore ecosystems affected by insect and 
     disease epidemics, the Secretary may assist State and local 
     governments, Indian tribes, private landowners, and other 
     persons in affected States with the collection, harvest, 
     storage, and transportation of eligible material from areas 
     identified pursuant to section 3313(b) in accordance with 
     section 9011(d) of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8111(d)).
       (b) Restoration Assistance for Private Landowners.--The 
     Secretary may make payments to an owner of nonindustrial 
     private forest land in an affected State to carry out 
     emergency measures to restore the land after an insect or 
     disease infestation in accordance with the emergency forest 
     restoration program established under section 407 of the 
     Agricultural Credit Act of 1978 (16 U.S.C. 2206).
       (c) National Forest Hazardous Fuel Reduction.--The 
     Secretary shall carry out authorized hazardous fuel reduction 
     projects in affected States on National Forest System land on 
     which an epidemic of disease or insects poses a significant 
     threat to an ecosystem component, or forest or rangeland 
     resource, in accordance with the Healthy Forests Restoration 
     Act of 2003 (16 U.S.C. 6501 et seq.).

[[Page 22630]]



     SEC. 3315. AUTHORIZATION OF APPROPRIATIONS.

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

                  Subtitle C--Good Neighbor Authority

     SEC. 3321. GOOD NEIGHBOR AGREEMENTS.

       (a) Definitions.--In this section:
       (1) Authorized restoration services.--The term ``authorized 
     restoration services'' means similar and complementary 
     forest, rangeland, and watershed restoration services carried 
     out on adjacent Federal land and non-Federal land by either 
     the Secretary or a Governor pursuant to--
       (A) a good neighbor agreement; and
       (B) a cooperative agreement or contract entered into under 
     subsection (c).
       (2) Federal land.--
       (A) In general.--The term ``Federal land'' means the 
     following land in a State located in whole or in part west of 
     the 100th meridian:
       (i) National Forest System land.
       (ii) Public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
       (B) Exclusions.--The term ``Federal land'' does not 
     include--
       (i) a component of the National Wilderness Preservation 
     System, National Wild and Scenic Rivers System, National 
     Trails System, or National Landscape Conservation System;
       (ii) a National Monument, National Preserve, National 
     Scenic Area, or National Recreation Area; or
       (iii) a wilderness study area.
       (3) Forest, rangeland, and watershed restoration 
     services.--The term ``forest, rangeland, and watershed 
     restoration services'' means--
       (A) activities to treat insect- and disease-infected trees;
       (B) activities to reduce hazardous fuels;
       (C) activities to maintain roads and trails that cross a 
     boundary between Federal land and non-Federal land; and
       (D) any other activities to restore or improve forest, 
     rangeland, or watershed health, including fish and wildlife 
     habitat.
       (4)  Good neighbor agreement.--The term ``good neighbor 
     agreement'' means--
       (A) a nonfunding master cooperative agreement entered into 
     between the Secretary and a Governor under chapter 63 of 
     title 31, United States Code; or
       (B) a memorandum of agreement or understanding entered into 
     between the Secretary and a Governor.
       (5) Governor.--The term ``Governor'' means the Governor or 
     any other appropriate executive official of an affected 
     State.
       (6) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; and
       (B) the Secretary of the Interior, with respect to Bureau 
     of Land Management land.
       (b) Good Neighbor Agreements.--
       (1) In general.--The Secretary may enter into a good 
     neighbor agreement with a Governor to coordinate the 
     procurement and implementation of authorized restoration 
     services in accordance with this section.
       (2) Public notice and comment.--The Secretary shall make 
     each good neighbor agreement available to the public.
       (c) Task Orders, Contracts, and Cooperative Agreements.--
       (1) In general.--The Secretary may issue a task order for, 
     or enter into a contract (including a sole source contract) 
     or cooperative agreement with, a Governor to carry out 
     authorized restoration services.
       (2) Requirements.--Each task order, contract, or 
     cooperative agreement entered into under paragraph (1) shall 
     be executed in accordance with--
       (A) chapter 63 of title 31, United States Code; and
       (B) the applicable good neighbor agreement.
       (d) Contract and Subcontract Requirements.--
       (1) Requirements for services on federal land.--
       (A) In general.--For authorized restoration services 
     carried out on Federal land under subsection (c), each 
     contract and subcontract issued under the authority of a 
     Governor shall include the provisions described in 
     subparagraph (B) that would have been included in the 
     contract had the Secretary been a party to the contract.
       (B) Applicable provisions.--The provisions referred to in 
     subparagraph (A) are provisions for--
       (i) wages and benefits for workers employed by contractors 
     and subcontractors required by--

       (I) subchapter IV of chapter 31 of part A of subtitle II of 
     title 40, United States Code; and
       (II) chapter 6 of title 41, United States Code;

       (ii) nondiscrimination; and
       (iii) worker safety and protection.
       (2)  Requirements for small businesses.--Each contract and 
     subcontract for authorized restoration services under 
     subsection (c) shall comply with provisions for small 
     business assistance and protection that would have been 
     applicable to the contract had the Secretary been a party to 
     the contract.
       (3) Liability.--The Secretary shall include provisions in 
     each good neighbor agreement, contract, or cooperative 
     agreement, as appropriate, governing the potential liability 
     of the State and the Secretary for actions carried out under 
     this section.
       (e) Termination of Effectiveness.--
       (1) In general.--The authority of the Secretary to enter 
     into cooperative agreements and contracts under this section 
     terminates on September 30, 2019.
       (2) Contract date.--The termination date of a cooperative 
     agreement or contract entered into under this section shall 
     not extend beyond September 30, 2020.
       (3) Consolidated authority.--
       (A) Federal and state cooperative watershed restoration and 
     protection in colorado.--Section 331 of the Department of the 
     Interior and Related Agencies Appropriations Act, 2001 
     (Public Law 106-291; 114 Stat. 996) is repealed.
       (B) Federal and state cooperative forest, rangeland, and 
     watershed restoration in utah.--Section 337 of the Department 
     of the Interior and Related Agencies Appropriations Act, 2005 
     (Public Law 108-447; 118 Stat. 3102) is repealed.
       (4) Existing contracts.--Nothing in the amendments made by 
     this section affects contracts in effect on the day before 
     the date of enactment of this Act.

         Subtitle D--Federal Land Avalanche Protection Program

     SEC. 3331. DEFINITIONS.

       In this subtitle:
       (1) Committee.--The term ``Committee'' means the Avalanche 
     Artillery Users of North America Committee.
       (2) Program.--The term ``program'' means the avalanche 
     protection program established under section 3332(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.

     SEC. 3332. AVALANCHE PROTECTION PROGRAM.

       (a) Establishment.--The Secretary shall establish an 
     avalanche protection program to provide information and 
     assistance to users of avalanche-prone National Forest System 
     land.
       (b) Objectives.--The objectives of the program include--
       (1) to inform and educate the public about the risks posed 
     by avalanches to reduce the potential for injury, death, or 
     property damage;
       (2) to provide avalanche forecasts for avalanche-prone 
     areas of the National Forest System that are frequented by 
     recreational or other users;
       (3) to provide oversight of activities relating to the 
     prevention and control of avalanches by ski area and other 
     special use permit holders on National Forest System land, 
     including the procurement, control, and use of artillery; and
       (4) to facilitate research on the objectives of the 
     program, including research on the development of 
     alternatives to military artillery.
       (c) Coordination.--In carrying out this section, the 
     Secretary shall--
       (1) use the resources of--
       (A) the National Avalanche Center of the Forest Service; 
     and
       (B) other partners; and
       (2) work with the Committee and other partners to improve--
       (A) coordination among users of artillery used to prevent 
     and control avalanches; and
       (B) access to, and the control and use of, artillery and 
     other methods to prevent and control avalanches.
       (d) Grants.--
       (1) In general.--The Secretary may make grants to any 
     person to further the objectives of the program.
       (2) Priority.--The Secretary shall give priority to grants 
     under paragraph (1) that enhance public safety.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $4,000,000 
     for each of fiscal years 2010 through 2014.

         DIVISION D--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS

  TITLE XL--FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION

     SEC. 4001. REAUTHORIZATION.

       The Federal Land Transaction Facilitation Act is amended--
       (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
     the date of enactment of this Act was'' and inserting ``is'';
       (2) in section 205 (43 U.S.C. 2304)--
       (A) in subsection (a), by striking ``this Act'' and 
     inserting ``America's Great Outdoors Act of 2010''; and
       (B) in subsection (d), by striking ``11'' and inserting 
     ``21'';
       (3) in section 206 (43 U.S.C. 2305), by striking subsection 
     (f); and
       (4) in section 207(b) (43 U.S.C. 2306(b))--
       (A) in paragraph (1)--
       (i) by striking ``96-568'' and inserting ``96-586''; and
       (ii) by striking ``; or'' and inserting a semicolon;
       (B) in paragraph (2)--
       (i) by inserting ``Public Law 105-263;'' before ``112 
     Stat.''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:

[[Page 22631]]

       ``(3) the White Pine County Conservation, Recreation, and 
     Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
       ``(4) the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
       ``(5) subtitle F of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
     11);
       ``(6) subtitle O of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
     Public Law 111-11);
       ``(7) section 2601 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
       ``(8) section 2606 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.

           TITLE XLI--NATIONAL VOLCANO EARLY WARNING PROGRAM

     SEC. 4101. DEFINITIONS.

       In this title:
       (1) Program.--The term ``program'' means the National 
     Volcano Early Warning and Monitoring Program established 
     under section 4102(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4102. NATIONAL VOLCANO EARLY WARNING AND MONITORING 
                   PROGRAM.

       (a) Establishment.--The Secretary shall establish within 
     the United States Geological Survey a program to be known as 
     the ``National Volcano Early Warning and Monitoring 
     Program''.
       (b) Components.--The program shall consist of a national 
     volcano watch office and data center, which shall oversee and 
     coordinate the activities of United States Geological Survey 
     regional volcano watch and data centers.
       (c) Purposes.--The purposes of the program are--
       (1) to monitor and study volcanoes and volcanic activity 
     throughout the United States at a level commensurate with the 
     threat posed by each volcano; and
       (2) to warn and protect people and property from undue and 
     avoidable harm from volcanic activity.

     SEC. 4103. MANAGEMENT.

       (a) Management Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall prepare a 
     management plan for establishing and operating the program.
       (2) Inclusions.--The management plan shall include--
       (A) annual cost estimates of--
       (i) operating the program; and
       (ii) updating the data collection, monitoring, and analysis 
     systems;
       (B) annual standards and performance goals; and
       (C) recommendations for establishing new, or enhancing 
     existing, partnerships with State agencies or universities.
       (b) Partnerships.--The Secretary may enter into cooperative 
     agreements or partnerships with State agencies and 
     universities, under which the Secretary may designate the 
     agency or university as volcano observatory partners for the 
     program.
       (c) Coordination With Other Federal Agencies.--The 
     Secretary shall coordinate activities authorized under this 
     title with the heads of relevant Federal agencies including--
       (1) the Secretary of Transportation;
       (2) the Secretary of Commerce;
       (3) the Administrator of the Federal Aviation 
     Administration; and
       (4) the Director of the Federal Emergency Management 
     Administration.
       (d) Grant Program.--
       (1) In general.--The Secretary may establish a competitive 
     grant program to support research and monitoring of volcanic 
     activities in furtherance of this title.
       (2) Cost-sharing requirement.--The non-Federal share of the 
     total cost of an activity provided assistance under this 
     subsection shall be 25 percent.
       (e) Annual Report.--The Secretary shall annually submit to 
     Congress a report that describes the activities undertaken 
     during the previous year to carry out this title.

     SEC. 4104. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title $15,000,000 for each of fiscal years 2010 through 2020.

             TITLE XLII--UPPER CONNECTICUT RIVER WATERSHED

     SEC. 4201. DEFINITIONS.

       In this title:
       (1) Commissions.--The term ``Commissions'' means the 
     Connecticut River Joint Commissions of New Hampshire and 
     Vermont.
       (2) Management plan.--
       (A) In general.--The term ``management plan'' means the 
     management plan developed by the Commissions entitled 
     ``Connecticut River Corridor Management Plan'' and dated May 
     1997.
       (B) Inclusions.--The term ``management plan'' includes any 
     updates to the management plan described in subparagraph (A).
       (3) Program.--The term ``program'' means the Connecticut 
     River Grants and Technical Assistance Program established by 
     section 4202(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means each of the States of 
     New Hampshire and Vermont.
       (6) Watershed.--The term ``watershed'' means the upper 
     Connecticut River watershed.

     SEC. 4202. CONNECTICUT RIVER GRANTS AND TECHNICAL ASSISTANCE 
                   PROGRAM.

       (a) In General.--There is established in the Department of 
     the Interior the Connecticut River Grants and Technical 
     Assistance Program.
       (b) Purpose.--The purpose of the program is to provide 
     financial and technical assistance to the States, through the 
     Commissions, to improve management of the watershed in 
     accordance with the management plan.
       (c) Financial and Technical Assistance.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may provide financial and technical assistance to the 
     Commissions in furtherance of the purposes of this title.
       (2) Limitation.--No financial assistance shall be provided 
     under this title until the date on which the Secretary has 
     approved criteria for financial assistance in accordance with 
     subsection (d).
       (d) Criteria.--
       (1) Development.--The Commissions shall develop criteria 
     for--
       (A) prioritizing and determining the eligibility of 
     applicants for financial and technical assistance under the 
     program; and
       (B) reviewing and prioritizing applications for financial 
     and technical assistance under the program.
       (2) Review; approval.--
       (A) Submission.--The Commissions shall submit the criteria 
     developed under paragraph (1) to the Secretary for review.
       (B) Approval or disapproval.--
       (i) In general.--Not later than 180 days after the date on 
     which the Commissions submit the criteria under subparagraph 
     (A), the Secretary shall approve or disapprove the criteria.
       (ii) Disapproval.--If the Secretary disapproves the 
     criteria under clause (i), the Secretary shall--

       (I) advise the Commissions of the reasons for disapproval;
       (II) make recommendations for revisions to the criteria; 
     and
       (III) not later than 180 days after the date on which the 
     Commissions submit revised criteria to the Secretary, approve 
     or disapprove the revised criteria.

       (C) Considerations.--In reviewing the criteria submitted 
     under this paragraph, the Secretary shall consider the extent 
     to which the criteria--
       (i) are consistent with the purposes and goals of the 
     management plan; and
       (ii) provide for protection of the watershed, including the 
     natural, cultural, historic, and recreational resources 
     within the watershed.
       (e) Authorities of the Commissions.--The Commissions may 
     use funds made available under this title to provide 
     financial and technical assistance to State and local 
     governments, nonprofit organizations, and other public and 
     private entities to protect the watershed in accordance with 
     the approved criteria and consistent with the management 
     plan.

     SEC. 4203. FUNDING LIMITATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this title, subject 
     to the limitations of section 5201 applicable to national 
     heritage areas.
       (b) Cost-sharing Requirement.--
       (1) In general.--The Federal share of the total cost of any 
     activity under this title shall be not more than 50 percent 
     of the total cost.
       (2) Form.--The non-Federal contribution may be in the form 
     of in-kind contributions of goods or services fairly valued.

     SEC. 4204. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide financial 
     assistance under this title terminates on the date that is 10 
     years after the date of enactment of this Act.

            TITLE XLIII--ABANDONED MINE RECLAMATION PAYMENTS

     SEC. 4301. ABANDONED MINE RECLAMATION.

       (a) Reclamation Fee.--Section 402(g)(6)(A) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(g)(6)(A)) is amended by inserting ``and section 
     411(h)(1)'' after ``paragraphs (1) and (5)''.
       (b) Filling Voids and Sealing Tunnels.--Section 409(b) of 
     the Surface Mining Control and Reclamation Act of 1977 (30 
     U.S.C. 1239(b)) is amended by inserting ``and section 
     411(h)(1)'' after ``section 402(g)''.
       (c) Use of Funds.--Section 411(h)(1)(D)(ii) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1240a(h)(1)(D)(ii)) is amended by striking ``section 403'' 
     and inserting ``section 402(g)(6), 403, or 409''.

           TITLE XLIV--PUBLIC LANDS SERVICE CORPS AMENDMENTS

     SEC. 4401. AMENDMENT TO SHORT TITLE.

       Section 201 of the Public Lands Corps Act of 1993 (16 
     U.S.C. 1701 note; 107 Stat. 848) is amended to read as 
     follows:

     ``SEC. 201. SHORT TITLE; REFERENCES.

       ``(a) Short Title.--This title may be cited as the `Public 
     Lands Service Corps Act of 1993'.

[[Page 22632]]

       ``(b) References.--Any reference contained in any law, 
     regulation, document, paper, or other record of the United 
     States to the `Public Lands Corps Act of 1993' shall be 
     considered to be a reference to the `Public Lands Service 
     Corps Act of 1993'.''.

     SEC. 4402. REFERENCES.

       A reference in this title to ``the Act'' is a reference to 
     the Public Lands Service Corps Act of 1993 (16 U.S.C. 1721 et 
     seq.; title II of Public Law 91-378).

     SEC. 4403. AMENDMENTS TO THE PUBLIC LANDS SERVICE CORPS ACT 
                   OF 1993.

       (a) Name and Project Description Changes.--The Act is 
     amended--
       (1) in the title heading, by striking ``PUBLIC LANDS 
     CORPS'' and inserting ``PUBLIC LANDS SERVICE CORPS'';
       (2) in section 204 (16 U.S.C. 1723), in the heading, by 
     striking ``public lands corps'' and inserting ``public lands 
     service corps'';
       (3) in section 210(a)(2) (16 U.S.C. 1729(a)(2)), in the 
     heading, by striking ``Public lands'';
       (4) by striking ``Public Lands Corps'' each place it 
     appears and inserting ``Corps'';
       (5) by striking ``conservation center'' each place it 
     appears and inserting ``residential conservation center'';
       (6) by striking ``conservation centers'' each place it 
     appears and inserting ``residential conservation centers'';
       (7) by striking ``appropriate conservation project'' each 
     place it appears and inserting ``appropriate natural and 
     cultural resources conservation project''; and
       (8) by striking ``appropriate conservation projects'' each 
     place it appears and inserting ``appropriate natural and 
     cultural resources conservation projects''.
       (b) Findings.--Section 202(a) (16 U.S.C. 1721(a)) of the 
     Act, as amended by subsection (a), is amended--
       (1) in paragraph (1)--
       (A) by striking ``Corps can benefit'' and inserting 
     ``conservation corps can benefit''; and
       (B) by striking ``the natural and cultural'' and inserting 
     ``natural and cultural'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (4) and (5), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Participants in conservation corps receive meaningful 
     education and training, and their experience with 
     conservation corps provides preparation for careers in public 
     service.
       ``(3) Young men and women who participate in the 
     rehabilitation and restoration of the natural, cultural, 
     historic, archaeological, recreational, and scenic treasures 
     of the United States will gain an increased appreciation and 
     understanding of the public lands and heritage of the United 
     States, and of the value of public service, and are likely to 
     become life-long advocates for those values.'';
       (4) in paragraph (4) (as redesignated by paragraph (2)), by 
     inserting ``, cultural, historic, archaeological, 
     recreational, and scenic'' after ``Many facilities and 
     natural''; and
       (5) by adding at the end the following:
       ``(6) The work of conservation corps can benefit 
     communities adjacent to public lands and facilities through 
     renewed civic engagement and participation by corps 
     participants and those they serve, improved student 
     achievement, and restoration and rehabilitation of public 
     assets.''.
       (c) Purpose.--Section 202(b) (16 U.S.C. 1721(b)) of the Act 
     is amended to read as follows:
       ``(b) Purposes.--The purposes of this Act are--
       ``(1) to introduce young men and women to public service 
     while furthering their understanding and appreciation of the 
     natural, cultural, historic, archaeological, recreational, 
     and scenic resources of the United States;
       ``(2) to facilitate training and recruitment opportunities 
     in which service is credited as qualifying experience for 
     careers in the management of such resources;
       ``(3) to instill in a new generation of young men and women 
     from across the United States, including young men and women 
     from diverse backgrounds, the desire to seek careers in 
     resource stewardship and public service by allowing them to 
     work directly with professionals in agencies responsible for 
     the management of the natural, cultural, historic, 
     archaeological, recreational, and scenic resources of the 
     United States;
       ``(4) to perform, in a cost-effective manner, appropriate 
     natural and cultural resources conservation projects where 
     such projects are not being performed by existing employees;
       ``(5) to assist State and local governments and Indian 
     tribes in performing research and public education tasks 
     associated with the conservation of natural, cultural, 
     historic, archaeological, recreational, and scenic resources;
       ``(6) to expand educational opportunities on public lands 
     and by rewarding individuals who participate in conservation 
     corps with an increased ability to pursue higher education 
     and job training;
       ``(7) to promote public understanding and appreciation of 
     the missions and the natural and cultural resources 
     conservation work of the participating Federal agencies 
     through training opportunities, community service and 
     outreach, and other appropriate means; and
       ``(8) to create a grant program for Indian tribes to 
     establish the Indian Youth Service Corps so that Indian youth 
     can benefit from carrying out projects on Indian lands that 
     the Indian tribes and communities determine to be 
     priorities.''.
       (d) Definitions.--Section 203 (16 U.S.C. 1722) of the Act 
     is amended--
       (1) by redesignating paragraphs (3) through (7), (8) 
     through (10), and (11) through (13) as paragraphs (5) through 
     (9), (11) through (13), and (15) through (17), respectively;
       (2) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) Appropriate natural and cultural resources 
     conservation project.--The term `appropriate natural and 
     cultural resources conservation project' means any project 
     for the conservation, restoration, construction, or 
     rehabilitation of natural, cultural, historic, 
     archaeological, recreational, or scenic resources.
       ``(2) Consulting intern.--The term `consulting intern' 
     means a consulting intern selected under section 206(a)(2).
       ``(3) Corps and public lands service corps.--The terms 
     `Corps' and `Public Lands Service Corps' mean the Public 
     Lands Service Corps established under section 204(a).
       ``(4) Corps participant.--The term `Corps participant' 
     means an individual enrolled--
       ``(A) in the Corps or the Indian Youth Service Corps; or
       ``(B) as a resource assistant or consulting intern.'';
       (3) by inserting after paragraph (9) (as redesignated by 
     paragraph (1)) the following:
       ``(10) Indian youth service corps.--The term `Indian Youth 
     Service Corps' means a qualified youth or conservation corps 
     established under section 207 that--
       ``(A) enrolls individuals between the ages of 15 and 25, 
     inclusive, a majority of whom are Indians; and
       ``(B) is established pursuant to a tribal resolution that 
     describes the agreement between the Indian tribe and the 
     qualified youth or conservation corps to operate an Indian 
     Youth Service Corps program for the benefit of the members of 
     the Indian tribe.'';
       (4) by amending paragraph (12) (as redesignated by 
     paragraph (1)) to read as follows:
       ``(12) Public lands.--The term `public lands' means any 
     land or water (or interest therein) owned or administered by 
     the United States, including those areas of coastal and ocean 
     waters, the Great Lakes and their connecting waters, and 
     submerged lands over which the United States exercises 
     jurisdiction, except that such term does not include Indian 
     lands.'';
       (5) by amending paragraph (13) (as redesignated by 
     paragraph (1)) as follows:
       (A) in subparagraph (A)--
       (i) by striking ``full-time,'';
       (ii) by inserting ``on eligible service lands'' after 
     ``resource setting''; and
       (iii) by striking ``16'' and inserting ``15'';
       (B) in subparagraph (B), by striking ``and'' at the end;
       (C) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(D) makes available for audit for each fiscal year for 
     which the qualified youth or conservation corps receives 
     Federal funds under this Act, all information pertaining to 
     the expenditure of the funds, any matching funds, and 
     participant demographics.'';
       (6) by inserting after paragraph 13 (as redesignated by 
     paragraph (1)) the following:
       ``(14) Residential conservation centers.--The term 
     `residential conservation centers' means the facilities 
     authorized under section 205.'';
       (7) in paragraph (15) (as redesignated by paragraph (1)), 
     by striking ``206'' and inserting ``206(a)(1)''; and
       (8) in paragraph (16) (as redesignated by paragraph (1))--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) with respect to the National Marine Sanctuary System, 
     coral reefs, and other coastal, estuarine, and marine 
     habitats, and other lands and facilities administered by the 
     National Oceanic and Atmospheric Administration, the 
     Secretary of Commerce.''.
       (e) Public Lands Service Corps Program.--Section 204 of the 
     Act (16 U.S.C. 1723), as amended by subsection (a), is 
     amended--
       (1) by redesignating subsections (b) and (c) and 
     subsections (d) through (f) as subsections (c) and (d) and 
     subsections (f) through (h), respectively;
       (2) by striking subsection (a) and inserting the following:
       ``(a) Establishment of Public Lands Service Corps.--There 
     is established in the Department of the Interior, the 
     Department of Agriculture, and the Department of Commerce a 
     Public Lands Service Corps.
       ``(b) Establishment of Corps Office; Coordinators; 
     Liaison.--
       ``(1) Establishment of offices.--
       ``(A) Department of the interior.--The Secretary of the 
     Interior shall establish a department-level office to 
     coordinate the Corps activities within the Department of the 
     Interior.
       ``(B) Department of agriculture.--The Secretary of 
     Agriculture shall establish

[[Page 22633]]

     within the Forest Service an office to coordinate the Corps 
     activities within that agency.
       ``(C) Department of commerce.--The Secretary of Commerce 
     shall establish within the National Oceanic and Atmospheric 
     Administration an office to coordinate the Corps activities 
     within that agency.
       ``(2) Establishment of coordinators.--The Secretary shall 
     designate a Public Lands Service Corps coordinator for each 
     agency under the jurisdiction of the Secretary that 
     administers Corps activities.
       ``(3) Establishment of liaison.--The Secretary of the 
     Interior shall establish an Indian Youth Service Corps 
     liaison that will--
       ``(A) provide outreach to Indian tribes about opportunities 
     for establishing Corps and Indian Youth Service Corps 
     programs; and
       ``(B) coordinate with the Tribal Liaison of the Corporation 
     for National Service to identify and establish Corps and 
     Indian Youth Service Corps opportunities for Indian youth.'';
       (3) by amending subsection (c) (as redesignated by 
     paragraph (1)) to read as follows:
       ``(c) Participants.--
       ``(1) In general.--The Secretary may enroll in the Corps 
     individuals who are--
       ``(A) hired by an agency under the jurisdiction of the 
     Secretary to perform work authorized under this Act; or
       ``(B) members of a qualified youth or conservation corps 
     with which the Secretary has entered into a cooperative 
     agreement to perform work authorized under this Act.
       ``(2) Resource assistants and consulting interns.--The 
     Secretary may also enroll in the Corps resource assistants 
     and consulting interns in accordance with section 206(a).
       ``(3) Eligibility requirements.--To be eligible for 
     enrollment as a Corps participant, an individual shall--
       ``(A) be between the ages of 15 and 25, inclusive; and
       ``(B) satisfy the requirements of section 137(a)(5) of the 
     National and Community Service Act of 1990 (42 U.S.C. 
     12591(a)(5)).
       ``(4) Terms.--Each Corps participant may be enrolled in the 
     Corps for a term of up to 2 years of service, which may be 
     served over a period that exceeds 2 calendar years.
       ``(5) Civil service.--An individual may be enrolled as a 
     Corps participant without regard to the civil service and 
     classification laws, rules, or regulations of the United 
     States.
       ``(6) Preference.--The Secretary may establish a preference 
     for the enrollment as Corps participants individuals who are 
     economically, physically, or educationally disadvantaged.'';
       (4) in subsection (d) (as redesignated by paragraph (1))--
       (A) in paragraph (1)--
       (i) by striking ``contracts and''; and
       (ii) by striking ``subsection (d)'' and inserting 
     ``subsection (f)'';
       (B) by striking paragraph (2); and
       (C) by inserting after paragraph (1) the following:
       ``(2) Recruitment.--The Secretary shall carry out, or enter 
     into cooperative agreements to provide, a program to attract 
     eligible youth to the Corps by publicizing Corps 
     opportunities through high schools, colleges, employment 
     centers, electronic media, and other appropriate institutions 
     and means.
       ``(3) Preference.--In entering into cooperative agreements 
     under paragraph (1) or awarding competitive grants to Indian 
     tribes or tribally authorized organizations under section 
     207, the Secretary may give preference to qualified youth or 
     conservation corps that are located in specific areas where a 
     substantial portion of members are economically, physically, 
     or educationally disadvantaged.'';
       (5) by inserting after subsection (d) (as redesignated by 
     paragraph (1)) the following:
       ``(e) Training.--
       ``(1) In general.--The Secretary shall establish a training 
     program based at appropriate residential conservation centers 
     or at other suitable regional Federal or other appropriate 
     facilities or sites to provide training for Corps 
     participants.
       ``(2) Requirements.--In establishing a training program 
     under paragraph (1), the Secretary shall--
       ``(A) ensure that the duration and comprehensiveness of the 
     training program shall be commensurate with the projects 
     Corps participants are expected to undertake;
       ``(B) develop department-wide standards for the program 
     that include training in--
       ``(i) resource stewardship;
       ``(ii) health and safety;
       ``(iii) ethics for individuals in public service;
       ``(iv) teamwork and leadership; and
       ``(v) interpersonal communications;
       ``(C) direct the participating agencies within the 
     Department of the Interior, the Forest Service in the case of 
     the Department of Agriculture, and the National Oceanic and 
     Atmospheric Administration in the case of the Department of 
     Commerce, to develop agency-specific training guidelines to 
     ensure that Corps participants are appropriately informed 
     about matters specific to that agency, including--
       ``(i) the history and organization of the agency;
       ``(ii) the mission of the agency; and
       ``(iii) any agency-specific standards for the management of 
     natural, cultural, historic, archaeological, recreational, 
     and scenic resources; and
       ``(D) take into account training already received by Corps 
     participants enrolled from qualified youth or conservation 
     corps.'';
       (6) in subsection (f) (as redesignated by paragraph (1))--
       (A) in paragraph (1)--
       (i) in the heading, by striking ``In general.--'' and 
     inserting ``Use of corps; projects.--'';
       (ii) by striking ``The Secretary may utilize the Corps or 
     any qualified youth or conservation corps to carry out'' and 
     inserting the following:
       ``(A) In general.--The Secretary may use the Corps to carry 
     out, with appropriate supervision and training,'';
       (iii) by striking ``on public lands'' and inserting on ``on 
     eligible service lands''; and
       (iv) by adding at the end the following:
       ``(B) Projects.--Appropriate natural and cultural resources 
     conservation projects carried out under this section may 
     include--
       ``(i) protecting, restoring, or enhancing ecosystem 
     components to promote species recovery, improve biological 
     diversity, enhance productivity and carbon sequestration, and 
     enhance adaptability and resilience of eligible service lands 
     and resources to climate change and other natural and human 
     disturbances;
       ``(ii) promoting the health of eligible service lands, 
     including--

       ``(I) protecting and restoring watersheds and forest, 
     grassland, riparian, estuarine, marine, or other habitat;
       ``(II) reducing the risk of uncharacteristically severe 
     wildfire and mitigating damage from insects, disease, and 
     disasters;
       ``(III) controlling erosion;
       ``(IV) controlling and removing invasive, noxious, or 
     nonnative species; and
       ``(V) restoring native species;

       ``(iii) collecting biological, archaeological, and other 
     scientific data, including climatological information, 
     species populations and movement, habitat status, and other 
     information;
       ``(iv) assisting in historical and cultural research, 
     museum curatorial work, oral history projects, documentary 
     photography, and activities that support the creation of 
     public works of art related to eligible service lands; and
       ``(v) constructing, repairing, rehabilitating, and 
     maintaining roads, trails, campgrounds and other visitor 
     facilities, employee housing, cultural and historic sites and 
     structures, and other facilities that further the purposes of 
     this Act.'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (4) and (5), respectively; and
       (C) by inserting after paragraph (1) the following:
       ``(2) Visitor services.--The Secretary may--
       ``(A) enter into or amend an existing cooperative agreement 
     with a cooperating association, educational institution, 
     friends group, or similar nonprofit partner organization for 
     the purpose of providing training and work experience to 
     Corps participants in areas such as sales, office work, 
     accounting, and management, provided that the work experience 
     directly relates to the conservation and management of 
     eligible service lands; and
       ``(B) allow Corps participants to help promote visitor 
     safety and enjoyment of eligible service lands, and assist in 
     the gathering of visitor use data.
       ``(3) Interpretation.--The Secretary may permit Corps 
     participants to provide interpretation or education services 
     for the public under the direct and immediate supervision of 
     an agency employee--
       ``(A) to provide orientation and information services to 
     visitors;
       ``(B) to assist agency employees in the delivery of 
     interpretive or educational programs where audience size, 
     environmental conditions, safety, or other factors make such 
     assistance desirable;
       ``(C) to present programs that relate the personal 
     experience of the Corps participants for the purpose of 
     promoting public awareness of the Corps, the role of the 
     Corps in public land management agencies, and the 
     availability of the Corps to potential participants; and
       ``(D) to create nonpersonal interpretive products, such as 
     website content, Junior Ranger program books, printed 
     handouts, and audiovisual programs.'';
       (7) in subsection (g) (as redesignated by paragraph (1))--
       (A) in the matter preceding the first paragraph, by 
     striking ``those projects which'' and inserting ``priority 
     projects and other projects that''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) will instill in Corps participants a work ethic and a 
     sense of public service;''; and
       (8) by adding at the end the following:
       ``(i) Other Participants.--The Secretary may allow 
     volunteers from other programs administered or designated by 
     the Secretary to participate as volunteers in projects 
     carried out under this section.
       ``(j) Criminal History Checks.--
       ``(1) In general.--The requirements of section 189D(b) of 
     the National and Community

[[Page 22634]]

     Service Act of 1990 (42 U.S.C. 12645g(b)) shall apply to each 
     individual age 18 or older seeking--
       ``(A) to become a Corps participant;
       ``(B) to receive funds authorized under this Act; or
       ``(C) to supervise or otherwise have regular contact with 
     Corps participants in activities authorized under this Act.
       ``(2) Eligibility prohibition.--If any of paragraphs (1) 
     through (4) of section 189D(c) of the National and Community 
     Service Act of 1990 (42 U.S.C. 12645g(c)(1)-(4)) apply to an 
     individual described in paragraph (1), that individual shall 
     not be eligible for the position or activity described in 
     paragraph (1), unless the Secretary provides an exemption for 
     good cause.''.
       (f) Residential Conservation Centers and Program Support.--
     Section 205 (16 U.S.C. 1724) of the Act is amended--
       (1) in the section heading, by striking ``conservation'' 
     and inserting ``residential conservation'';
       (2) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--The Secretary may establish residential 
     conservation centers for--
       ``(A) such housing, food service, medical care, 
     transportation, and other services as the Secretary deems 
     necessary for Corps participants; and
       ``(B) the conduct of appropriate natural and cultural 
     resources conservation projects under this Act.'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively;
       (D) in paragraph (2) (as redesignated by subparagraph (C)), 
     in the heading, by striking ``for conservation centers''; and
       (E) in paragraph (3) (as redesignated by subparagraph (C)), 
     by striking ``a State or local government agency'' and 
     inserting ``another Federal agency, State, local 
     government,'';
       (3) in subsection (b)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Temporary housing.--The Secretary may make 
     arrangements with another Federal agency, State, local 
     government, or private organization to provide temporary 
     housing for Corps participants as needed and available.
       ``(3) Transportation.--In project areas where Corps 
     participants can reasonably be expected to reside at their 
     own homes, the Secretary may fund or provide transportation 
     to and from project sites.'';
       (4) by redesignating subsection (d) as subsection (f);
       (5) by inserting after subsection (c) the following:
       ``(d) Facilities.--The Secretary may, as an appropriate 
     natural and cultural resources conservation project, direct 
     Corps participants to aid in the construction or 
     rehabilitation of residential conservation center facilities, 
     including housing.
       ``(e) Mentors.--The Secretary may recruit from programs, 
     such as Federal volunteer and encore service programs, and 
     from veterans groups, military retirees, and active duty 
     personnel, such adults as may be suitable and qualified to 
     provide training, mentoring, and crew-leading services to 
     Corps participants.''; and
       (6) in subsection (f) (as redesignated by paragraph (4)), 
     by striking ``that are appropriate'' and all that follows 
     through the period and inserting ``that the Secretary 
     determines to be necessary for a residential conservation 
     center.''.
       (g) Resource Assistants and Consulting Interns.--Section 
     206 of the Act (16 U.S.C. 1725) is amended--
       (1) in the section heading, by inserting ``and consulting 
     interns'' before the period;
       (2) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Authorization.--
       ``(1) Resource assistants.--
       ``(A) In general.--The Secretary may provide individual 
     placements of resource assistants with any agency under the 
     jurisdiction of the Secretary that carries out appropriate 
     natural and cultural resources conservation projects to carry 
     out research or resource protection activities on behalf of 
     the agency.
       ``(B) Eligibility.--To be eligible for selection as a 
     resource assistant, an individual shall be at least 17 years 
     of age.
       ``(C) Preference.--In selecting resource assistants for 
     placement under this paragraph, the Secretary shall give a 
     preference to individuals who are enrolled in an institution 
     of higher education or are recent graduates from an 
     institution of higher education, with particular attention 
     given to ensuring full representation of women and 
     participants from Historically Black Colleges and 
     Universities, Hispanic-serving institutions, and Tribal 
     Colleges and Universities.
       ``(2) Consulting interns.--
       ``(A) In general.--The Secretary may provide individual 
     placements of consulting interns with any agency under the 
     jurisdiction of the Secretary that carries out appropriate 
     natural and cultural resources conservation projects to carry 
     out management analysis activities on behalf of the agency.
       ``(B) Eligibility.--To be eligible for selection as a 
     consulting intern, an individual shall be enrolled in, and 
     have completed at least 1 full year at, a graduate or 
     professional school that has been accredited by an 
     accrediting body recognized by the Secretary of Education.
       ``(b) Use of Existing Nonprofit Organizations.--
       ``(1) In general.--Whenever 1 or more nonprofit 
     organizations can provide appropriate recruitment and 
     placement services to fulfill the requirements of this 
     section, the Secretary may implement this section through 
     such organizations.
       ``(2) Expenses.--Participating organizations shall 
     contribute to the expenses of providing and supporting the 
     resource assistants or consulting interns from sources of 
     funding other than the Secretary, at a level of not less than 
     25 percent of the total costs (15 percent of which may be 
     from in-kind sources) of each participant in the resource 
     assistant or consulting intern program who has been recruited 
     and placed through that organization.
       ``(3) Reporting.--Each participating organization shall be 
     required to submit an annual report evaluating the scope, 
     size, and quality of the program, including the value of work 
     contributed by the resource assistants and consulting 
     interns, to the mission of the agency.''.
       (h) Technical Amendment.--The Act is amended by 
     redesignating sections 207 through 211 (16 U.S.C. 1726 
     through 1730) as sections 209 through 213, respectively.
       (i) Indian Youth Service Corps.--The Act is amended by 
     inserting after section 206 (16 U.S.C. 1725) the following:

     ``SEC. 207. INDIAN YOUTH SERVICE CORPS.

       ``(a) Authorization of Cooperative Agreements and 
     Competitive Grants.--The Secretary is authorized to enter 
     into cooperative agreements with, or make competitive grants 
     to, Indian tribes and qualified youth or conservation corps 
     for the establishment and administration of Indian Youth 
     Service Corps programs to carry out appropriate natural and 
     cultural resources conservation projects on Indian lands.
       ``(b) Application.--To be eligible to receive assistance 
     under this section, an Indian tribe or a qualified youth or 
     conservation corps shall submit to the Secretary an 
     application in such manner and containing such information as 
     the Secretary may require, including--
       ``(1) a description of the methods by which Indian youth 
     will be recruited for and retained in the Indian Youth 
     Service Corps;
       ``(2) a description of the projects to be carried out by 
     the Indian Youth Service Corps;
       ``(3) a description of how the projects were identified; 
     and
       ``(4) an explanation of the impact of, and the direct 
     community benefits provided by, the proposed projects.''.
       (j) Guidance.--The Act is amended by inserting after 
     section 207 (as amended by subsection (i)) the following:

     ``SEC. 208. GUIDANCE.

       ``Not later than 18 months after funds are made available 
     to the Secretary to carry out this Act, the Secretary shall 
     issue guidelines for the management of programs under the 
     jurisdiction of the Secretary that are authorized under this 
     Act.''.
       (k) Living Allowances and Terms of Service.--Section 209 of 
     the Act (16 U.S.C. 1726) (as redesignated by subsection (h)) 
     is amended by striking subsections (a), (b), and (c) and 
     inserting the following:
       ``(a) Living Allowances.--
       ``(1) In general.--The Secretary shall provide each Corps 
     participant with a living allowance in an amount established 
     by the Secretary.
       ``(2) Cost-of-living differential; travel costs.--The 
     Secretary may--
       ``(A) apply a cost-of-living differential to the living 
     allowances established under paragraph (1); and
       ``(B) if the Secretary determines reimbursement to be 
     appropriate, reimburse Corps participants for travel costs at 
     the beginning and end of the term of service of the Corps 
     participants.
       ``(b) Terms of Service.--
       ``(1) In general.--Each Corps participant shall agree to 
     participate for such term of service as may be established by 
     the Secretary.
       ``(2) Consultations.--With respect to the Indian Youth 
     Service Corps, the term of service shall be established in 
     consultation with the affected Indian tribe or tribally 
     authorized organization.
       ``(c) Hiring Preference and Future Employment.--The 
     Secretary may--
       ``(1) grant to a Corps participant credit for time served 
     as a Corps participant, which may be used toward future 
     Federal hiring;
       ``(2) provide to a former participant of the Corps or the 
     Indian Youth Service Corps noncompetitive hiring status for a 
     period of not more than 2 years after the date on which the 
     service of the candidate in the Corps or the Indian Youth 
     Service Corps was complete, if the candidate--
       ``(A) has served a minimum of 960 hours on an appropriate 
     natural or cultural resources conservation project that 
     included at least 120 hours through the Corps or the Indian 
     Youth Service Corps; and

[[Page 22635]]

       ``(B) meets Office of Personnel Management qualification 
     standards for the position for which the candidate is 
     applying;
       ``(3) provide to a former resource assistant or consulting 
     intern noncompetitive hiring status for a period of not more 
     than 2 years after the date on which the individual has 
     completed an undergraduate or graduate degree, respectively, 
     from an accredited institution, if the candidate--
       ``(A) successfully fulfilled the resource assistant or 
     consulting intern program requirements; and
       ``(B) meets Office of Personnel Management qualification 
     standards for the position for which the candidate is 
     applying; and
       ``(4) provide, or enter into contracts or cooperative 
     agreements with qualified employment agencies to provide, 
     alumni services such as job and education counseling, 
     referrals, verification of service, communications, and other 
     appropriate services to Corps participants who have completed 
     the term of service.''.
       (l) National Service Educational Awards.--Section 210 (16 
     U.S.C. 1727) of the Act (as redesignated by subsection (h)) 
     is amended--
       (1) in subsection (a) (as amended by subsection (a)(4)), in 
     the first sentence--
       (A) by striking ``participant in the Corps or a resource 
     assistant'' and inserting ``Corps participant''; and
       (B) by striking ``participant or resource assistant'' and 
     inserting ``Corps participant''; and
       (2) in subsection (b)--
       (A) by striking ``either participants in the Corps or 
     resource assistants'' and inserting ``Corps participants''; 
     and
       (B) by striking ``or a resource assistant''.
       (m) Nondisplacement.--Section 211 of the Act (16 U.S.C. 
     1728) (as redesignated by subsection (h)) is amended by 
     striking ``activities carried out'' and all that follows 
     through the period and inserting ``Corps participants.''.
       (n) Funding.--Section 212 of the Act (16 U.S.C. 1729) (as 
     redesignated by subsection (h)) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the second sentence, by striking ``non-federal 
     sources'' and inserting ``sources other than the Secretary''; 
     and
       (ii) by inserting after the second sentence the following: 
     ``The Secretary may pay up to 90 percent of the costs of a 
     project if the Secretary determines that the reduction is 
     necessary to enable participation from a greater range of 
     organizations or individuals.''; and
       (B) in paragraph (2), by inserting ``or Indian Youth 
     Service Corps'' after ``Corps'' each place it appears;
       (2) by amending subsection (b) to read as follows:
       ``(b) Funds Available Under National and Community Service 
     Act.--To carry out this Act, the Secretary shall be eligible 
     to apply for and receive assistance under section 121(b) of 
     the National and Community Service Act (42 U.S.C. 
     12571(b)).''; and
       (3) in subsection (c)--
       (A) by striking ``section 211'' and inserting ``section 
     213''; and
       (B) by inserting ``or Indian Youth Service Corps'' after 
     ``Corps''.
       (o) Authorization of Appropriations.--Section 213 of the 
     Act (16 U.S.C. 1730) (as redesignated by subsection (h)) is 
     amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this Act.'';
       (2) by striking subsection (b); and
       (3) by redesignating subsection (c) as subsection (b).

            TITLE XLV--PATENT MODIFICATIONS AND VALIDATIONS

     SEC. 4501. WHITEFISH LIGHTHOUSE PATENT MODIFICATION, 
                   MICHIGAN.

       (a) Modification of Land Grant Patent Issued by Secretary 
     of the Interior.--The Secretary of the Interior shall modify 
     the matter under the heading ``Subject Also to the Following 
     Conditions'' of paragraph 6 of United States Patent Number 
     61-2000-0007 by striking ``Whitefish Point Comprehensive Plan 
     of October 1992 or for a gift shop'' and inserting ``Human 
     Use/Natural Resource Plan for Whitefish Point, dated December 
     2002''.
       (b) Review of Modifications and Undertakings.--
       (1) Modifications to human use/natural resource plan for 
     whitefish point.--Each modification to the Human Use/Natural 
     Resource Plan for Whitefish Point, dated December 2002, 
     described in the matter under the heading ``Subject Also to 
     the Following Conditions'' of paragraph 6 of United States 
     Patent Number 61-2000-0007 shall be subject to the review 
     process established under--
       (A) section 106 of the National Historic Preservation Act 
     (16 U.S.C. 470f); and
       (B) part 800 of title 36, Code of Federal Regulations.
       (2) Federal or federally assisted undertakings.--Each 
     Federal or federally assisted undertaking (as described in 
     section 106 of the National Historic Preservation Act (16 
     U.S.C. 470f)) proposed to be carried out within the 
     boundaries of the Whitefish Point Light Station shall be 
     subject to the review process established under--
       (A) section 106 of the National Historic Preservation Act 
     (16 U.S.C. 470f); and
       (B) part 800 of title 36, Code of Federal Regulations.
       (c) Effective Date.--
       (1) In general.--The modification of United States Patent 
     Number 61-2000-0007 in accordance with subsection (b) shall 
     become effective on the date of the recording of the 
     modification in the Office of the Register of Deeds of 
     Chippewa County of the State of Michigan.
       (2) Endorsement.--The Office of the Register of Deeds of 
     Chippewa County of the State of Michigan is requested to 
     endorse on the recorded copy of United States Patent Number 
     61-2000-0007 the fact that the Patent Number has been 
     modified in accordance with this title.

     SEC. 4502. SOUTHERN NEVADA PATENT VALIDATION.

       Patent No. 27-2005-0081 and its associated land 
     reconfiguration issued by the Bureau of Land Management on 
     February 18, 2005, is hereby affirmed and validated as having 
     been issued pursuant to and in compliance with the provisions 
     of the Nevada-Florida Land Exchange Authorization Act of 1988 
     (Public Law 100-275), the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), and the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et seq.) for the 
     benefit of the desert tortoise and other species and their 
     habitat to increase the likelihood of their recovery. The 
     process utilized by the United States Fish and Wildlife 
     Service and the Bureau of Land Management in reconfiguring 
     the lands as shown on Exhibit 1-4 of the Final Environmental 
     Impact Statement for the Planned Development Project MSHCP, 
     Lincoln County, NV (FWS-R8-ES-2008-N0136) and the 
     reconfiguration provided for in Special Condition 10 of Army 
     Corps of Engineers Permit No. 000005042 are hereby ratified.

                       TITLE XLVI--MISCELLANEOUS

     SEC. 4601. LAND AND WATER CONSERVATION FUND.

       Section 2 of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-5) is amended--
       (1) in the matter preceding subsection (a), by striking 
     ``During the period ending September 30, 2015, there'' and 
     inserting ``There''; and
       (2) in subsection (c)(1), by striking ``through September 
     20, 2015''.

     SEC. 4602. UNITED STATES FISH AND WILDLIFE SERVICE TECHNICAL 
                   AMENDMENT.

       Section 3 of the Fish and Wildlife Act of 1956 (16 U.S.C. 
     742b) is amended in subsections (a) and (b) by striking 
     ``Assistant Secretary for Fish and Wildlife'' each place it 
     appears and inserting ``Assistant Secretary for Fish and 
     Wildlife and Parks''.

     SEC. 4603. PUBLIC LAND ORDER 2568 TECHNICAL MODIFICATION.

       (a) Definitions.--In this section:
       (1) Public land order 2568.--The term ``Public Land Order 
     2568'' means Public Land Order 2568, dated December 19, 1961.
       (2) Withdrawn land.--The term ``withdrawn land'' means land 
     comprising approximately 16,960 acres of land located within 
     the public land reserved (as of the day before the date of 
     enactment of this Act) for the use of the Department of 
     Energy under Public Land Order 2568, as generally depicted on 
     the map entitled ``Nevada Solar Demonstration Zone'', dated 
     June 30, 2010.
       (b) Land Withdrawal, Jurisdiction, and Reservation.--
       (1) Land withdrawal.--Subject to valid existing rights and 
     except as otherwise provided in this section, all public land 
     and interests in the withdrawn land are withdrawn from all 
     forms of entry, appropriation, and disposal under the public 
     land laws, including the mining laws and mineral and 
     geothermal leasing laws.
       (2) Transfer of jurisdiction.--Effective beginning on the 
     date of enactment of this Act and except as otherwise 
     provided in this section, jurisdiction over the withdrawn 
     land shall be transferred from the Secretary of the Interior 
     to the Secretary of Energy.
       (3) Reservation.--The withdrawn land shall be withdrawn 
     for--
       (A) the purpose of establishing a program to support the 
     testing, evaluation, demonstration, and commercial operation 
     of solar energy technologies by private and public entities, 
     including other Federal agencies; and
       (B) the use of the Secretary of Energy to carry out the 
     missions of the Department of Energy and the National Nuclear 
     Security Administration and other uses related to those 
     missions.
       (c) Legal Description and Map.--Not later than 30 days 
     after the date of enactment of this Act, the Secretary of the 
     Interior shall--
       (1) publish in the Federal Register a notice containing a 
     legal description of the withdrawn land; and
       (2) file copies of the map described in paragraph (1) and 
     the legal description of the withdrawn land with--
       (A) Congress;
       (B) the Secretary of Energy; and
       (C) the Governor of the State of Nevada.
       (d) Technical Corrections.--
       (1) In general.--The map and legal description described in 
     subsection (c) shall have the same force and effect as if the 
     map

[[Page 22636]]

     and legal description were included in this section.
       (2) Errors.--The Secretary of the Interior may correct 
     clerical and typographical errors in the map and legal 
     description.
       (e) Water Rights.--
       (1) In general.--Nothing in this section shall result in 
     any forfeiture of any water rights acquired or exercised by 
     the United States prior to the date of enactment of this Act.
       (2) Additional water rights.--The United States shall 
     follow the procedural and substantive requirements of 
     applicable State law in obtaining and holding under this 
     section any water rights not in existence on the date of 
     enactment of this Act.
       (f)  Management of Withdrawn Land.--The Secretary of Energy 
     shall--
       (1) be responsible for the management of the withdrawn 
     land; and
       (2) have the authority to issue land use authorizations for 
     the withdrawn land.
       (g) Management Plan.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary of Energy shall 
     develop a management plan for the withdrawn land that--
       (1) establishes criteria for approving testing, evaluation, 
     demonstration, and commercial operation of solar energy 
     projects and related infrastructure by private and public 
     entities, including other Federal agencies infrastructure on 
     the withdrawn land;
       (2) establishes a fee or royalty, as appropriate, for 
     commercial solar energy generating facilities on the 
     withdrawn land; and
       (3) uses any fee or royalty collected pursuant to paragraph 
     (2), without further appropriation and without fiscal year 
     limitation, for support of activities on the withdrawn land, 
     for purposes such as--
       (A) infrastructure improvements, including electricity 
     transmission;
       (B) solar demonstration projects, including system 
     performance verification;
       (C) acquiring and managing water;
       (D) education, research, and training;
       (E) mitigating impacts to natural resources;
       (F) land use permits and environmental studies associated 
     with the withdrawn land; and
       (G) protecting wildlife.
       (h) Other Management Responsibilities.--
       (1) Infrastructure.--The Secretary of Energy shall work 
     with other Federal agencies, the State of Nevada, and other 
     interested persons to ensure, to the maximum extent 
     practicable, that adequate infrastructure is available for 
     activities conducted on the withdrawn land.
       (2) National defense testing and training.--The Secretary 
     of Energy shall consult with the Secretary of Defense to 
     ensure that solar energy projects or related infrastructure 
     on, or directly related to, the withdrawn land do not 
     significantly impede national defense testing and training.
       (i) Use of Mineral Materials.--Notwithstanding any other 
     provision of this section, the Secretary of Energy may use, 
     without application to the Secretary of the Interior, the 
     sand, gravel, or similar material resources on the withdrawn 
     land of the type subject to disposition under the Act of July 
     31, 1947 (commonly known as the ``Materials Act of 1947'') 
     (30 U.S.C. 601 et seq.), if the use of the resources is 
     required to accomplish the missions of the Department of 
     Energy or the National Nuclear Security Administration or 
     other uses related to those missions.

                  DIVISION E--NATIONAL HERITAGE AREAS

          TITLE L--SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA

     SEC. 5001. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Susquehanna Gateway National Heritage Area established by 
     section 5002(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 5003(a).
       (3) Management plan.--The term ``management plan'' means 
     the plan developed by the local coordinating entity under 
     section 5004(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     Pennsylvania.

     SEC. 5002. SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Susquehanna 
     Gateway National Heritage Area in the State.
       (b) Boundaries.--The Heritage Area shall include Lancaster 
     and York Counties, Pennsylvania.

     SEC. 5003. DESIGNATION OF LOCAL COORDINATING ENTITY.

       (a) Local Coordinating Entity.--The Susquehanna Heritage 
     Corporation, a nonprofit organization established under the 
     laws of the State, shall be the local coordinating entity for 
     the Heritage Area.
       (b) Authorities of Local Coordinating Entity.--The local 
     coordinating entity may, for purposes of preparing and 
     implementing the management plan, use Federal funds made 
     available under this title--
       (1) to prepare reports, studies, interpretive exhibits and 
     programs, historic preservation projects, and other 
     activities recommended in the management plan for the 
     Heritage Area;
       (2) to make grants to the State, political subdivisions of 
     the State, nonprofit organizations, and other persons;
       (3) to enter into cooperative agreements with the State, 
     political subdivisions of the State, nonprofit organizations, 
     and other organizations;
       (4) to hire and compensate staff;
       (5) to obtain funds or services from any source, including 
     funds and services provided under any other Federal program 
     or law; and
       (6) to contract for goods and services.
       (c) Duties of Local Coordinating Entity.--To further the 
     purposes of the Heritage Area, the local coordinating entity 
     shall--
       (1) prepare a management plan for the Heritage Area in 
     accordance with section 5004;
       (2) give priority to the implementation of actions, goals, 
     and strategies set forth in the management plan, including 
     assisting units of government and other persons in--
       (A) carrying out programs and projects that recognize and 
     protect important resource values in the Heritage Area;
       (B) encouraging economic viability in the Heritage Area in 
     accordance with the goals of the management plan;
       (C) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (D) developing heritage-based recreational and educational 
     opportunities for residents and visitors in the Heritage 
     Area;
       (E) increasing public awareness of and appreciation for the 
     natural, historic, and cultural resources of the Heritage 
     Area;
       (F) restoring historic buildings that are--
       (i) located in the Heritage Area; and
       (ii) related to the themes of the Heritage Area; and
       (G) installing throughout the Heritage Area clear, 
     consistent, and appropriate signs identifying public access 
     points and sites of interest;
       (3) consider the interests of diverse units of government, 
     businesses, tourism officials, private property owners, and 
     nonprofit groups within the Heritage Area in developing and 
     implementing the management plan;
       (4) conduct public meetings at least semiannually regarding 
     the development and implementation of the management plan; 
     and
       (5) for any fiscal year for which Federal funds are 
     received under this title--
       (A) submit to the Secretary an annual report that 
     describes--
       (i) the accomplishments of the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity; and
       (iii) the entities to which the local coordinating entity 
     made any grants;
       (B) make available for audit all records relating to the 
     expenditure of the Federal funds and any matching funds; and
       (C) require, with respect to all agreements authorizing the 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available for audit all records 
     relating to the expenditure of the Federal funds.
       (d) Prohibition on Acquisition of Real Property.--
       (1) In general.--The local coordinating entity shall not 
     use Federal funds received under this title to acquire real 
     property or any interest in real property.
       (2) Other sources.--Nothing in this title precludes the 
     local coordinating entity from using Federal funds from other 
     sources for authorized purposes, including the acquisition of 
     real property or any interest in real property.

     SEC. 5004. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date on 
     which funds are first made available to carry out this title, 
     the local coordinating entity shall prepare and submit to the 
     Secretary a management plan for the Heritage Area.
       (b) Contents.--The management plan for the Heritage Area 
     shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for the conservation, funding, management, 
     and development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans;
       (3) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area;
       (4) include an inventory of the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area relating to the themes of the Heritage Area 
     that should be preserved, restored, managed, developed, or 
     maintained; and
       (5) include an analysis of, and recommendations for, ways 
     in which Federal, State, and local programs, may best be 
     coordinated to further the purposes of this title, including 
     recommendations for the role of the National Park Service in 
     the Heritage Area.
       (c) Disqualification From Funding.--If a proposed 
     management plan is not submitted to the Secretary by the date 
     that is 3 years after the date on which funds are first made 
     available to carry out this title, the local coordinating 
     entity may not receive additional funding under this title 
     until the date on which the Secretary receives the proposed 
     management plan.

[[Page 22637]]

       (d) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 180 days after the date on 
     which the local coordinating entity submits the management 
     plan to the Secretary, the Secretary shall approve or 
     disapprove the proposed management plan.
       (2) Considerations.--In determining whether to approve or 
     disapprove the management plan, the Secretary shall consider 
     whether--
       (A) the local coordinating entity is representative of the 
     diverse interests of the Heritage Area, including 
     governments, natural and historic resource protection 
     organizations, educational institutions, businesses, and 
     recreational organizations;
       (B) the local coordinating entity has provided adequate 
     opportunities (including public meetings) for public and 
     governmental involvement in the preparation of the management 
     plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historic, and cultural 
     resources of the Heritage Area; and
       (D) the management plan is supported by the appropriate 
     State and local officials, the cooperation of which is needed 
     to ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Disapproval and revisions.--
       (A) In general.--If the Secretary disapproves a proposed 
     management plan, the Secretary shall--
       (i) advise the local coordinating entity, in writing, of 
     the reasons for the disapproval; and
       (ii) make recommendations for revision of the proposed 
     management plan.
       (B) Approval or disapproval.--The Secretary shall approve 
     or disapprove a revised management plan not later than 180 
     days after the date on which the revised management plan is 
     submitted.
       (e) Approval of Amendments.--
       (1) In general.--The Secretary shall review and approve or 
     disapprove substantial amendments to the management plan in 
     accordance with subsection (d).
       (2) Funding.--Funds appropriated under this title may not 
     be expended to implement any changes made by an amendment to 
     the management plan until the Secretary approves the 
     amendment.

     SEC. 5005. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--Nothing in this title 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 the Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the local coordinating 
     entity to the extent practicable.
       (c) Other Federal Agencies.--Nothing in this title--
       (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 
     the Heritage Area; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 5006. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

       Nothing in this title--
       (1) abridges the rights of any property owner (whether 
     public or private), including the right to refrain from 
     participating in any plan, project, program, or activity 
     conducted within the Heritage Area;
       (2) requires any property owner to permit public access 
     (including access by Federal, State, or local agencies) to 
     the property of the property owner, or to modify public 
     access or use of property of the property owner under any 
     other Federal, State, or local law;
       (3) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State, or local agency, or conveys any land use or other 
     regulatory authority to the local coordinating entity;
       (4) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (5) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (6) creates any liability, or affects any liability under 
     any other law, of any private property owner with respect to 
     any person injured on the private property.

     SEC. 5007. EVALUATION; REPORT.

       (a) In General.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall--
       (1) conduct an evaluation of the accomplishments of the 
     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 this title for the 
     Heritage Area; and
       (B) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (2) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (3) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (c) Report.--
       (1) In general.--Based on the evaluation conducted under 
     subsection (a)(1), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (2) Required analysis.--If the report prepared under 
     paragraph (1) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (A) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (B) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (3) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.

     SEC. 5008. FUNDING LIMITATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this title, subject 
     to the limitations of section 5201.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     cost of any activity carried out using funds made available 
     under this title shall be not more than 50 percent.

     SEC. 5009. TERMINATION OF AUTHORITY.

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

          TITLE LI--ALABAMA BLACK BELT NATIONAL HERITAGE AREA

     SEC. 5101. DEFINITIONS.

       In this title:
       (1) National heritage area.--The term ``National Heritage 
     Area'' means the Alabama Black Belt National Heritage Area 
     established by this title.
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Center for the Study of the 
     Black Belt at the University of West Alabama.
       (3) Management plan.--The term ``management plan'' means 
     the plan prepared by the local coordinating entity for the 
     National Heritage Area in accordance with this title.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 5102. DESIGNATION OF ALABAMA BLACK BELT NATIONAL 
                   HERITAGE AREA.

       (a) Establishment.--There is hereby established the Alabama 
     Black Belt National Heritage Area in the State of Alabama.
       (b) Boundaries.--The National Heritage Area shall consist 
     of sites as designated by the management plan within a core 
     area located in Alabama, consisting of Bibb, Bullock, Butler, 
     Choctaw, Clarke, Conecuh, Dallas, Greene, Hale, Lowndes, 
     Macon, Marengo, Monroe, Montgomery, Perry, Pickens, Sumter, 
     Washington, and Wilcox counties.

     SEC. 5103. LOCAL COORDINATING ENTITY.

       (a) Designation.--The Center for the Study of the Black 
     Belt at the University of West Alabama shall be the local 
     coordinating entity for the National Heritage Area.
       (b) Duties.--To further the purposes of the National 
     Heritage Area, the local coordinating entity shall--
       (1) submit a management plan to the Secretary in accordance 
     with this title;
       (2) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this title, 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 of non-Federal funds 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 title, 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.
       (c) Authorities.--For the purposes of preparing and 
     implementing the approved management plan, the local 
     coordinating entity may use Federal funds received under this 
     title--
       (1) to make grants to political jurisdictions, nonprofit 
     organizations, and other parties within the National Heritage 
     Area;

[[Page 22638]]

       (2) to enter into cooperative agreements with or provide 
     technical assistance to political jurisdictions, nonprofit 
     organizations, Federal agencies, and other interested 
     parties;
       (3) to 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) to obtain funds or services from any source, including 
     other Federal programs;
       (5) to contract for goods or services; and
       (6) to 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 received under 
     this title to acquire any interest in real property.

     SEC. 5104. MANAGEMENT PLAN.

       (a) Requirements.--The management plan 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, and local governments, private organizations, 
     and citizens plan to 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, funded, managed, and 
     developed;
       (5) include recommendations for resource management 
     policies and strategies, 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 of 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, 
     or local government agency, organization, business, or 
     individual;
       (7) include an analysis of, and recommendations for, means 
     by which Federal, State, 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 title; 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 described 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.
       (b) Deadline.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available pursuant to this title to 
     develop the management plan, 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 may not receive any additional 
     financial assistance under this title 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 
     management plan, the Secretary shall review and approve or 
     disapprove the management plan on the basis of the criteria 
     listed in paragraph (3).
       (2) Consultation.--The Secretary shall consult with the 
     Governor of Alabama before approving a management plan.
       (3) Criteria for approval.--In determining whether to 
     approve a management plan, the Secretary shall consider 
     whether--
       (A) the local coordinating entity--
       (i) represents the diverse interests of the National 
     Heritage Area, including Federal, State, and local 
     governments, natural, and historical resource protection 
     organizations, educational institutions, businesses, 
     recreational organizations, community residents, and private 
     property owners;
       (ii) has afforded adequate opportunity for public and 
     Federal, State, and local governmental involvement (including 
     through workshops and public meetings) in the preparation of 
     the management plan;
       (iii) provides for at least semiannual public meetings to 
     ensure adequate implementation of the management plan; and
       (iv) has demonstrated the financial capability, in 
     partnership with others, to carry out the management plan;
       (B) the management plan--
       (i) describes resource protection, enhancement, 
     interpretation, funding, management, and development 
     strategies which, if implemented, would adequately protect, 
     enhance, interpret, fund, manage, and develop the natural, 
     historical, cultural, educational, scenic, and recreational 
     resources of the National Heritage Area;
       (ii) would not adversely affect any activities authorized 
     on Federal land under public applicable laws or land use 
     plans;
       (iii) demonstrates partnerships among the local 
     coordinating entity, Federal, State, and local governments, 
     regional planning organizations, nonprofit organizations, and 
     private sector parties for implementation of the management 
     plan; and
       (iv) complies with the requirements of this section; and
       (C) the Secretary has received adequate assurances from the 
     appropriate State and local officials whose support is needed 
     that the State and local aspects of the management plan will 
     be effectively implemented.
       (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 approved management 
     plan that substantially alters such plan 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 received under this title to implement 
     a substantial 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 title for the development and implementation of the 
     management plan; and
       (B) enter into cooperative agreements with interested 
     parties to carry out this title.

     SEC. 5105. EVALUATION; REPORT.

       (a) Evaluation.--The Secretary shall conduct an evaluation 
     of the accomplishments of the National Heritage Area. An 
     evaluation conducted under this subsection shall--
       (1) assess the progress of the local coordinating entity 
     with respect to--
       (A) accomplishing the purposes of this title for the 
     National Heritage Area; and
       (B) achieving the goals and objectives of the approved 
     management plan;
       (2) analyze the Federal, State, and local government, 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.
       (b) Report.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     National Heritage Area under this title, based on the 
     evaluation conducted under subsection (a), the Secretary 
     shall submit a report to the Committee on Natural Resources 
     of the 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.

     SEC. 5106. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--Nothing in this title 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 the 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 title--
       (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 
     the National Heritage Area; or

[[Page 22639]]

       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 5107. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

       Nothing in this title--
       (1) abridges the rights of any owner of public or private 
     property, including the right to refrain from participating 
     in any plan, project, program, or activity conducted within 
     the 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 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. 5108. FUNDING LIMITATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this title, subject 
     to the limitations of section 5201.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity under this title 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. 5109. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

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

     SEC. 5110. TERMINATION OF FINANCIAL ASSISTANCE.

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

       TITLE LII--FUNDING LIMITATIONS FOR NATIONAL HERITAGE AREAS

     SEC. 5201. FUNDING LIMITATIONS FOR NATIONAL HERITAGE AREAS.

       (a) Annual Limit.--Except as otherwise expressly authorized 
     by law, the Secretary of the Interior may not provide more 
     than $1,000,000 for any fiscal year for any individual 
     national heritage area.
       (b) Cumulative Limit.--Except as otherwise expressly 
     authorized by law, the Secretary of the Interior may not 
     provide more than a total of $10,000,000 for any individual 
     national heritage area.

          DIVISION F--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

        TITLE LX--NATIONAL CONSERVATION AREAS AND HISTORIC SITES

      Subtitle A--Rio Grande Del Norte National Conservation Area

     SEC. 6001. DEFINITIONS.

       In this subtitle:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Rio Grande del Norte National Conservation Area 
     established by section 6002(a)(1).
       (2) Land grant community.--The term ``land grant 
     community'' means a member of the Board of Trustees of 
     confirmed and nonconfirmed community land grants within the 
     Conservation Area.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Conservation Area developed under 
     section 6002(d).
       (4) Map.--The term ``map'' means the map entitled ``Rio 
     Grande del Norte National Conservation Area'' and dated 
     November 4, 2009.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 6002. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.

       (a) Establishment.--
       (1) In general.--There is established the Rio Grande del 
     Norte National Conservation Area in the State.
       (2) Area included.--The Conservation Area shall consist of 
     approximately 235,980 acres of public land in Taos and Rio 
     Arriba counties in the State, as generally depicted on the 
     map.
       (b) Purposes.--The purposes of the Conservation Area are to 
     conserve, protect, and enhance for the benefit and enjoyment 
     of present and future generations the cultural, 
     archaeological, natural, ecological, geological, historical, 
     wildlife, educational, recreational, and scenic resources of 
     the Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     resources of the Conservation Area; and
       (B) in accordance with--
       (i) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (ii) this subtitle; and
       (iii) any other applicable laws.
       (2) Uses.--
       (A) In general.--The Secretary shall allow only such uses 
     of the Conservation Area that the Secretary determines would 
     further the purposes described in subsection (b).
       (B) Use of motorized vehicles.--
       (i) In general.--Except as needed for administrative 
     purposes or to respond to an emergency, the use of motorized 
     vehicles in the Conservation Area shall be permitted only on 
     roads designated for use by motorized vehicles in the 
     management plan.
       (ii) New roads.--No additional road shall be built within 
     the Conservation Area after the date of enactment of this Act 
     unless the road is needed for public safety or natural 
     resource protection.
       (C) Grazing.--The Secretary shall permit grazing within the 
     Conservation Area, where established before the date of 
     enactment of this Act--
       (i) subject to all applicable laws (including regulations) 
     and Executive orders; and
       (ii) consistent with the purposes described in subsection 
     (b).
       (D) Collection of pinon nuts and firewood.--Nothing in this 
     section precludes the traditional collection of firewood and 
     pinon nuts for noncommercial personal use within the 
     Conservation Area--
       (i) in accordance with any applicable laws; and
       (ii) subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (E) Utility right-of-way upgrades.--Nothing in this section 
     precludes the Secretary from renewing or authorizing the 
     upgrading (including widening) of an existing utility right-
     of-way through the Conservation Area in a manner that 
     minimizes harm to the purposes of the Conservation Area 
     described in subsection (b)--
       (i) in accordance with--

       (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (II) any other applicable law; and

       (ii) subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (F) Tribal cultural uses.--
       (i) Access.--The Secretary shall, in consultation with 
     Indian tribes or pueblos--

       (I) ensure the protection of religious and cultural sites 
     in the Conservation Area; and
       (II) provide access to the sites by members of Indian 
     tribes or pueblos for traditional cultural and customary 
     uses, consistent with Public Law 95-341 (commonly known as 
     the ``American Indian Religious Freedom Act'') (42 U.S.C. 
     1996).

       (ii) Temporary closures.--In accordance with Public Law 95-
     341 (commonly known as the ``American Indian Religious 
     Freedom Act'') (42 U.S.C. 1996), the Secretary, on request of 
     an Indian tribe or pueblo, may temporarily close to general 
     public use 1 or more specific areas of the Conservation Area 
     in order to protect traditional cultural and customary uses 
     in those areas by members of the Indian tribe or the pueblo.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     management plan for the Conservation Area.
       (2) Other plans.--To the extent consistent with this 
     subtitle, the plan may incorporate in the management plan the 
     Rio Grande Corridor Management Plan in effect on the date of 
     enactment of this Act.
       (3) Consultation.--The management plan shall be developed 
     in consultation with--
       (A) State and local governments;
       (B) tribal governmental entities;
       (C) land grant communities; and
       (D) the public.
       (4) Considerations.--In preparing and implementing the 
     management plan, the Secretary shall consider the 
     recommendations of Indian tribes and pueblos on methods for--
       (A) ensuring access to religious and cultural sites;
       (B) enhancing the privacy and continuity of traditional 
     cultural and religious activities in the Conservation Area; 
     and
       (C) protecting traditional cultural and religious sites in 
     the Conservation Area.
       (e) Incorporation of Acquired Land and Interests in Land.--
     Any land that is within the boundary of the Conservation Area 
     that is acquired by the United States shall--
       (1) become part of the Conservation Area; and
       (2) be managed in accordance with--
       (A) this subtitle; and
       (B) any other applicable laws.
       (f) Special Management Areas.--
       (1) In general.--The establishment of the Conservation Area 
     shall not change the management status of any area within the 
     boundary of the Conservation Area that is--
       (A) designated as a component of the National Wild and 
     Scenic Rivers System under the Wild and Scenic Rivers Act (16 
     U.S.C. 1271 et seq.); or
       (B) managed as an area of critical environmental concern.
       (2) Conflict of laws.--If there is a conflict between the 
     laws applicable to the areas described in paragraph (1) and 
     this subtitle, the more restrictive provision shall control.

[[Page 22640]]



     SEC. 6003. DESIGNATION OF WILDERNESS AREAS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the Conservation 
     Area are designated as wilderness and as components of the 
     National Wilderness Preservation System:
       (1) Cerro del yuta wilderness.--Certain land administered 
     by the Bureau of Land Management in Taos County, New Mexico, 
     comprising approximately 13,420 acres as generally depicted 
     on the map, which shall be known as the ``Cerro del Yuta 
     Wilderness''.
       (2) Rio san antonio wilderness.--Certain land administered 
     by the Bureau of Land Management in Rio Arriba County, New 
     Mexico, comprising approximately 8,000 acres, as generally 
     depicted on the map, which shall be known as the ``Rio San 
     Antonio Wilderness''.
       (b) Management of Wilderness Areas.--Subject to valid 
     existing rights, the wilderness areas designated by 
     subsection (a) shall be administered in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and this subtitle, 
     except that with respect to the wilderness areas designated 
     by this subtitle--
       (1) any reference to the effective date of the Wilderness 
     Act shall be considered to be a reference to the date of 
     enactment of this Act; and
       (2) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (c) Incorporation of Acquired Land and Interests in Land.--
     Any land or interest in land within the boundary of the 
     wilderness areas designated by subsection (a) that is 
     acquired by the United States shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.);
       (B) this subtitle; and
       (C) any other applicable laws.
       (d) Grazing.--Grazing of livestock in the wilderness areas 
     designated by subsection (a), where established before the 
     date of enactment of this Act, shall be administered in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the Report of 
     the Committee on Interior and Insular Affairs to accompany 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (e) Buffer Zones.--
       (1) In general.--Nothing in this section creates a 
     protective perimeter or buffer zone around any wilderness 
     area designated by subsection (a).
       (2) Activities outside wilderness areas.--The fact that an 
     activity or use on land outside any wilderness area 
     designated by subsection (a) can be seen or heard within the 
     wilderness area shall not preclude the activity or use 
     outside the boundary of the wilderness area.
       (f) Release of Wilderness Study Areas.--Congress finds 
     that, for purposes of section 603(c) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the 
     public land within the San Antonio Wilderness Study Area not 
     designated as wilderness by this section--
       (1) has been adequately studied for wilderness designation;
       (2) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (3) shall be managed in accordance with this subtitle.

     SEC. 6004. GENERAL PROVISIONS.

       (a) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file the map and 
     legal descriptions of the Conservation Area and the 
     wilderness areas designated by section 6003(a) with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct errors in the legal description and map.
       (3) Public availability.--The map and legal descriptions 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.
       (b) National Landscape Conservation System.--The 
     Conservation Area and the wilderness areas designated by 
     section 6003(a) shall be administered as components of the 
     National Landscape Conservation System.
       (c) Fish and Wildlife.--Nothing in this subtitle affects 
     the jurisdiction of the State with respect to fish and 
     wildlife located on public land in the State, except that the 
     Secretary, after consultation with the New Mexico Department 
     of Game and Fish, may designate zones where, and establishing 
     periods when, hunting shall not be allowed for reasons of 
     public safety, administration, or public use and enjoyment.
       (d) Withdrawals.--Subject to valid existing rights, any 
     Federal land within the Conservation Area and the wilderness 
     areas designated by section 6003(a), including any land or 
     interest in land that is acquired by the United States after 
     the date of enactment of this Act, is withdrawn from--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (e) Treaty Rights.--Nothing in this subtitle enlarges, 
     diminishes, or otherwise modifies any treaty rights.

     SEC. 6005. AUTHORIZATION OF APPROPRIATIONS.

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

                Subtitle B--Gold Hill Ranch, California

     SEC. 6011. DEFINITIONS.

       In this subtitle:
       (1) Gold hill ranch.--The term ``Gold Hill Ranch'' means 
     the approximately 272 acres of land located in Coloma, 
     California, as generally depicted on the map entitled ``Gold 
     Hill-Wakamatsu Site'' and dated May 7, 2009.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 6012. GOLD HILL RANCH.

       (a) Acquisition.--The Secretary may acquire the Gold Hill 
     Ranch, including any interest in the Gold Hill Ranch, by 
     purchase from a willing seller with donated or appropriated 
     funds, donation, or exchange.
       (b) Management.--The Secretary shall manage any land or 
     interest in land acquired under subsection (a) in accordance 
     with--
       (1) this subtitle;
       (2) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (3) any other applicable laws.
       (c) Cooperative Agreement.--
       (1) In general.--The Secretary may enter into a cooperative 
     agreement with public or nonprofit entities to interpret the 
     history of the Wakamatsu Tea and Silk Farm Colony and related 
     pioneer history associated with Japanese immigration to the 
     area, including the history of traditional Japanese crops and 
     farming practices and the contribution of those practices to 
     the agricultural economy of the State of California.
       (2) Inclusions.--The cooperative agreement referred to in 
     paragraph (1) may include provisions for the design and 
     development of a visitor center to further public education 
     and interpretation of the Gold Hill Ranch.

     SEC. 6013. AUTHORIZATION OF APPROPRIATIONS.

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

                 Subtitle C--Orange County, California

     SEC. 6021. PRESERVATION OF ROCKS AND SMALL ISLANDS ALONG THE 
                   COAST OF ORANGE COUNTY, CALIFORNIA.

       (a) California Coastal National Monument.--The Act of 
     February 18, 1931, entitled ``An Act to reserve for public 
     use rocks, pinnacles, reefs, and small islands along the 
     seacoast of Orange County, California'' is amended by 
     striking ``temporarily reserved'' and all that follows 
     through ``United States'' and inserting ``part of the 
     California Coastal National Monument and shall be 
     administered as such''.
       (b) Repeal of Reservation.--Section 31 of the Act of May 
     28, 1935, entitled ``An Act to authorize the Secretary of 
     Commerce to dispose of certain lighthouse reservations, and 
     for other purposes'' is hereby repealed.

               TITLE LXI--LAND CONVEYANCES AND EXCHANGES

           Subtitle A--Salmon Lake Land Selection Resolution

     SEC. 6101. PURPOSE.

       The purpose of this subtitle is to ratify the Salmon Lake 
     Area Land Ownership Consolidation Agreement entered into by 
     the United States, the State of Alaska, and the Bering 
     Straits Native Corporation.

     SEC. 6102. DEFINITIONS.

       In this subtitle:
       (1) Agreement.--The term ``Agreement'' means the document 
     between the United States, the State, and the Bering Straits 
     Native Corporation that--
       (A) is entitled the ``Salmon Lake Area Land Ownership 
     Consolidation Agreement'';
       (B) had an initial effective date of July 18, 2007, which 
     was extended until January 1, 2011, by agreement of the 
     parties to the Agreement effective January 1, 2009; and
       (C) is on file with Department of the Interior, the 
     Committee on Energy and Natural Resources of the Senate, and 
     the Committee on Natural Resources of the House of 
     Representatives.
       (2) Bering straits native corporation.--The term ``Bering 
     Straits Native Corporation'' means an Alaskan Native Regional 
     Corporation formed under the Alaska Native Claims Settlement 
     Act (43 U.S. C. 1601 et. seq.) for the Bering Straits region 
     of the State.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of Alaska.

     SEC. 6103. RATIFICATION AND IMPLEMENTATION OF AGREEMENT.

       (a) In General.--Subject to the provisions of this 
     subtitle, Congress ratifies the Agreement.
       (b) Easements.--The conveyance of land to the Bering 
     Straits Native Corporation, as

[[Page 22641]]

     specified in the Agreement, shall include the reservation of 
     the easements that--
       (1) are identified in Appendix E to the Agreement; and
       (2) were developed by the parties to the Agreement in 
     accordance with section 17(b) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1616(b)).
       (c) Corrections.--Beginning on the date of enactment of 
     this Act, the Secretary, with the consent of the other 
     parties to the Agreement, may only make typographical or 
     clerical corrections to the Agreement and any exhibits to the 
     Agreement.
       (d) Authorization.--The Secretary shall carry out all 
     actions required by the Agreement.

      Subtitle B--Southern Nevada Higher Education Land Conveyance

     SEC. 6111. DEFINITIONS.

       In this subtitle:
       (1) Board of regents.--The term ``Board of Regents'' means 
     the Board of Regents of the Nevada System of Higher 
     Education.
       (2) Campuses.--The term ``Campuses'' means the Great Basin 
     College, College of Southern Nevada, and University of Las 
     Vegas, Nevada, campuses.
       (3) Federal land.--The term ``Federal land'' means each of 
     the 3 parcels of Bureau of Land Management land identified on 
     the maps as ``Parcel to be Conveyed'', of which--
       (A) approximately 40 acres is to be conveyed for the 
     College of Southern Nevada;
       (B) approximately 2,085 acres is to be conveyed for the 
     University of Nevada, Las Vegas; and
       (C) approximately 285 acres is to be conveyed for the Great 
     Basin College.
       (4) Map.--The term ``Map'' means each of the 3 maps 
     entitled ``Southern Nevada Higher Education Land Act'', dated 
     July 11, 2008, and on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Nevada.
       (7) System.--The term ``System'' means the Nevada System of 
     Higher Education.

     SEC. 6112. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.

       (a) Conveyances.--
       (1) In general.--Notwithstanding section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712) and 
     section 1(c) of the Act of June 14, 1926 (commonly known as 
     the ``Recreation and Public Purposes Act'') (43 U.S.C. 
     869(c)), and subject to all valid existing rights, the 
     Secretary shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, convey to the System, without consideration, all 
     right, title, and interest of the United States in and to the 
     Federal land for the Great Basin College and the College of 
     Southern Nevada; and
       (B) on the receipt of certification of acceptable 
     remediation of environmental conditions existing on the 
     parcel to be conveyed for the University of Nevada, Las 
     Vegas, convey to the System, without consideration, all 
     right, title, and interest of the United States in and to the 
     Federal land for the University of Nevada, Las Vegas.
       (2) Phases.--The Secretary may phase the conveyance of the 
     Federal land under paragraph (1)(B) as remediation is 
     completed.
       (b) Conditions.--
       (1) In general.--As a condition of the conveyance under 
     subsection (a)(1), the Board of Regents shall agree in 
     writing--
       (A) to pay any administrative costs associated with the 
     conveyance, including the costs of any environmental, 
     wildlife, cultural, or historical resources studies;
       (B) to use the Federal land conveyed for educational and 
     recreational purposes;
       (C) to release and indemnify the United States from any 
     claims or liabilities that may arise from uses carried out on 
     the Federal land on or before the date of enactment of this 
     Act by the United States or any person;
       (D) as soon as practicable after the date of the conveyance 
     under subsection (a)(1), to erect at each of the Campuses an 
     appropriate and centrally located monument that acknowledges 
     the conveyance of the Federal land by the United States for 
     the purpose of furthering the higher education of the 
     citizens in the State; and
       (E) to assist the Bureau of Land Management in providing 
     information to the students of the System and the citizens of 
     the State on--
       (i) public land (including the management of public land) 
     in the Nation; and
       (ii) the role of the Bureau of Land Management in managing, 
     preserving, and protecting the public land in the State.
       (2) Nellis air force base.--
       (A) In general.--The Federal land conveyed to the System 
     under this subtitle shall be used in accordance with the 
     agreement entitled the ``Cooperative Interlocal Agreement 
     between the Board of Regents of the Nevada System of Higher 
     Education, on Behalf of the University of Nevada, Las Vegas, 
     and the 99th Air Base Wing, Nellis Air Force Base, Nevada'' 
     and dated June 19, 2009.
       (B) Modifications.--Any modifications to the interlocal 
     agreement described in subparagraph (A) and any related 
     master plan shall require the mutual assent of the parties to 
     the agreement.
       (C) Limitation.--In no case shall the use of the Federal 
     land conveyed under subsection (a)(1)(B) compromise the 
     national security mission or avigation rights of Nellis Air 
     Force Base.
       (c) Use of Federal Land.--
       (1) In general.--The System may use the Federal land 
     conveyed under subsection (a)(1) for--
       (A) any educational or public purpose relating to the 
     establishment, operation, growth, and maintenance of the 
     System, including--
       (i) educational facilities;
       (ii) housing for students, employees of the System, and 
     educators;
       (iii) student life and recreational facilities, public 
     parks, and open space;
       (iv) university and college medical and health facilities; 
     and
       (v) research facilities; and
       (B) any other public purpose that would generally be 
     associated with an institution of higher education, 
     consistent with the Act of June 14, 1926 (commonly known as 
     the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
     seq.).
       (2) Other entities.--The System may--
       (A) consistent with Federal and State law, lease, or 
     otherwise provide property or space at, the Campuses, with or 
     without consideration, to religious, public interest, 
     community, or other groups for services and events that are 
     of interest to the System or to any community located in 
     southern Nevada;
       (B) allow any other communities in southern Nevada to use 
     facilities of the Campuses for educational and recreational 
     programs of the community; and
       (C) in conjunction with the city of Las Vegas, North Las 
     Vegas, or Pahrump or Clark or Nye County plan, finance 
     (including through the provision of cost-share assistance), 
     construct, and operate facilities for the city of Las Vegas, 
     North Las Vegas, or Pahrump or Clark or Nye County on the 
     Federal land conveyed for educational or recreational 
     purposes consistent with this section.
       (d) Reversion.--If the Federal land or any portion of the 
     Federal land conveyed under subsection (a)(1) ceases to be 
     used for the System in accordance with this subtitle, the 
     Federal land, or any portion of the Federal land shall, at 
     the discretion of the Secretary, revert to the United States.

     SEC. 6113. AUTHORIZATION OF APPROPRIATIONS.

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

              Subtitle C--La Pine, Oregon, Land Conveyance

     SEC. 6121. DEFINITIONS.

       In this subtitle:
       (1) City.--The term ``City'' means the City of La Pine, 
     Oregon.
       (2) County.--The term ``County'' means the County of 
     Deschutes, Oregon.
       (3) Map.--The term ``map'' means the map entitled ``La 
     Pine, Oregon Land Transfer'' and dated December 11, 2009.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.

     SEC. 6122. CONVEYANCES OF LAND.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, subject to valid existing rights and 
     the provisions of this subtitle, and notwithstanding the land 
     use planning requirements of sections 202 and 203 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712, 1713), the Secretary shall convey to the City or 
     County, without consideration, all right, title, and interest 
     of the United States in and to each parcel of land described 
     in subsection (b).
       (b) Description of Land.--The parcels of land referred to 
     in subsection (a) consist of--
       (1) the approximately 150 acres of land managed by the 
     Bureau of Land Management, Prineville District, Oregon, 
     depicted on the map as ``parcel A'', to be conveyed to the 
     County, which is subject to a right-of-way retained by the 
     Bureau of Land Management for a power substation and 
     transmission line;
       (2) the approximately 750 acres of land managed by the 
     Bureau of Land Management, Prineville District, Oregon, 
     depicted on the map as ``parcel B'', to be conveyed to the 
     County; and
       (3) the approximately 10 acres of land managed by the 
     Bureau of Land Management, Prineville District, Oregon, 
     depicted on the map as ``parcel C'', to be conveyed to the 
     City.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the Bureau of Land Management.
       (d) Use of Conveyed Land.--
       (1) In general.--Consistent with the Act of June 14, 1926 
     (commonly known as the ``Recreation and Public Purposes 
     Act'') (43 U.S.C. 869 et seq.), the land conveyed under 
     subsection (a) shall be used for the following public 
     purposes and associated uses:
       (A) The parcel described in subsection (b)(1) shall be used 
     for outdoor recreation, open space, or public parks, 
     including a rodeo ground.
       (B) The parcel described in subsection (b)(2) shall be used 
     for a public sewer system.

[[Page 22642]]

       (C) The parcel described in subsection (b)(3) shall be used 
     for a public library, public park, or open space.
       (2) Additional terms and conditions.--The Secretary may 
     require such additional terms and conditions for the 
     conveyances under subsection (a) as the Secretary determines 
     to be appropriate to protect the interests of the United 
     States.
       (e) Administrative Costs.--The Secretary shall require the 
     County to pay all survey costs and other administrative costs 
     associated with the conveyances to the County under this 
     subtitle.
       (f) Reversion.--If the land conveyed under subsection (a) 
     ceases to be used for the public purpose for which the land 
     was conveyed, the land shall, at the discretion of the 
     Secretary, revert to the United States.

               TITLE LXII--SLOAN HILLS MINERAL WITHDRAWAL

     SEC. 6201. WITHDRAWAL OF SLOAN HILLS AREA OF CLARK COUNTY, 
                   NEVADA.

       (a) Definition of Federal Land.--In this section, the term 
     ``Federal land'' means the land identified as the 
     ``Withdrawal Zone'' on the map entitled ``Sloan Hills Area'' 
     and dated June 24, 2010.
       (b) Withdrawal.--Subject to valid rights in existence on 
     the date of introduction of this Act, the Federal land is 
     withdrawn from all forms of--
       (1) location, entry, and patent under the mining laws; and
       (2) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

                     DIVISION G--RIVERS AND TRAILS

      TITLE LXX--NATIONAL WILD AND SCENIC RIVERS SYSTEM AMENDMENTS

     SEC. 7001. MOLALLA RIVER, OREGON.

       (a) Designation of Wild and Scenic River Segments, Molalla 
     River, Oregon.--Section 3(a) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1274(a)) (as amended by section 2203) is 
     amended by adding at the end the following:
       ``(213) Molalla river, oregon.--
       ``(A) In general.--The following segments in the State of 
     Oregon, to be administered by the Secretary of the Interior 
     as a recreational river:
       ``(i) Molalla river.--The approximately 15.1-mile segment 
     from the southern boundary line of T. 7 S., R. 4 E., sec. 19, 
     downstream to the edge of the Bureau of Land Management 
     boundary in T. 6 S., R. 3 E., sec. 7.
       ``(ii) Table rock fork molalla river.--The approximately 
     6.2-mile segment from the easternmost Bureau of Land 
     Management boundary line in the NE\1/4\ sec. 4, T. 7 S., R. 4 
     E., downstream to the confluence with the Molalla River.
       ``(B) Withdrawal.--Subject to valid existing rights, the 
     Federal land within the boundaries of the river segments 
     designated by subparagraph (A) is withdrawn from all forms 
     of--
       ``(i) entry, appropriation, or disposal under the public 
     land laws;
       ``(ii) location, entry, and patent under the mining laws; 
     and
       ``(iii) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.''.
       (b) Technical Corrections.--Section 3(a)(102) of the Wild 
     and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended--
       (1) in the heading, by striking ``Squaw creek'' and 
     inserting ``Whychus creek'';
       (2) in the matter preceding subparagraph (A), by striking 
     ``McAllister Ditch, including the Soap Fork Squaw Creek, the 
     North Fork, the South Fork, the East and West Forks of Park 
     Creek, and Park Creek Fork'' and inserting ``Plainview Ditch, 
     including the Soap Creek, the North and South Forks of 
     Whychus Creek, the East and West Forks of Park Creek, and 
     Park Creek''; and
       (3) in subparagraph (B), by striking ``McAllister Ditch'' 
     and inserting ``Plainview Ditch''.

     SEC. 7002. ILLABOT CREEK, WASHINGTON.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) (as amended by section 7001(a)) is amended by adding 
     at the end the following:
       ``(214) Illabot creek, washington.--
       ``(A) The 14.3 mile segment from the headwaters of Illabot 
     Creek to the northern terminus as generally depicted on the 
     map titled `Illabot Creek Proposed WSR - Northern Terminus', 
     dated September 15, 2009, to be administered by the Secretary 
     of Agriculture as follows:
       ``(i) The 4.3 mile segment from the headwaters of Illabot 
     Creek to the boundary of Glacier Peak Wilderness Area as a 
     wild river.
       ``(ii) The 10 mile segment from the boundary of Glacier 
     Peak Wilderness to the northern terminus as generally 
     depicted on the map titled `Illabot Creek Proposed WSR - 
     Northern Terminus', dated September 15, 2009, as a 
     recreational river.
       ``(B) Action required to be taken under subsection (d)(1) 
     for the river segments designated under this paragraph shall 
     be completed through revision of the Skagit Wild and Scenic 
     River comprehensive management plan.''.

     SEC. 7003. WHITE CLAY CREEK.

       (a) Designation.--Section 3(a)(163) of the Wild and Scenic 
     Rivers Act (16 U.S. C. 1274(a)(163)) is amended--
       (1) in the matter preceding subparagraph (A)--
       (A) by striking ``190 miles'' and inserting ``199 miles''; 
     and
       (B) by striking ``the recommended designation and 
     classification maps (dated June 2000)'' and inserting ``the 
     map entitled `White Clay Creek Wild and Scenic River 
     Designated Area Map' and dated July 2008, the map entitled 
     `White Clay Creek Wild and Scenic River Classification Map' 
     and dated July 2008, and the map entitled `White Clay Creek 
     National Wild and Scenic River Proposed Additional Designated 
     Segments-July 2008''';
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) 22.4 miles of the east branch beginning at the 
     southern boundary line of the Borough of Avondale, including 
     Walnut Run, Broad Run, and Egypt Run, outside the boundaries 
     of the White Clay Creek Preserve, as a recreational river.''; 
     and
       (3) by striking subparagraph (H) and inserting the 
     following:
       ``(H) 14.3 miles of the main stem, including Lamborn Run, 
     that flow through the boundaries of the White Clay Creek 
     Preserve, Pennsylvania and Delaware, and White Clay Creek 
     State Park, Delaware beginning at the confluence of the east 
     and middle branches in London Britain Township, Pennsylvania, 
     downstream to the northern boundary line of the City of 
     Newark, Delaware, as a scenic river.''.
       (b) Administration.--Sections 4 through 8 of Public Law 
     106-357 (16 U.S.C. 1274 note; 114 Stat. 1393), shall be 
     applicable to the additional segments of the White Clay Creek 
     designated by the amendments made by subsection (a).

     SEC. 7004. ELK RIVER, WEST VIRGINIA.

       (a) Designation.--Section 5(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1276(a)) (as amended by section 7002) 
     is amended by adding at the end the following:
       ``(215) Elk river, west virginia.--The approximate 5-mile 
     segment of the Elk River from the confluence of the Old Field 
     Fork and the Big Spring Fork in Pocahontas County to the 
     Pocahontas and Randolph County line.''.
       (b) Study and Report.--Section 5(b) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1276(b)) (as amended by section 
     205(b)(2)) is amended by adding at the end the following:
       ``(21) Elk river, west virginia.--Not later than 3 years 
     after funds are made available to carry out this paragraph, 
     the Secretary of Agriculture shall complete the study of the 
     5-mile segment of the Elk River, West Virginia, designated 
     for study in subsection (a), and shall submit to Congress a 
     report containing the results of the study. The report shall 
     include an analysis of the potential impact of the 
     designation on private lands within the 5-mile segment of the 
     Elk River, West Virginia, or abutting that area.''.
       (c) Effect.--
       (1) Effect on access for recreational activities.--
     Consistent with section 13 of the Wild and Scenic Rivers Act 
     (16 U.S.C. 1284), nothing in the designation made by the 
     amendment in subsection (a) shall be construed as affecting 
     access for recreational activities otherwise allowed by law 
     or regulation, including hunting, fishing, or trapping.
       (2) Effect on state authority.--Consistent with section 13 
     of the Wild and Scenic Rivers Act (16 U.S.C. 1284), nothing 
     in the designation made by the amendment in subsection (a) 
     shall be construed as affecting the authority, jurisdiction, 
     or responsibility of the several States to manage, control, 
     or regulate fish and resident wildlife under State law or 
     regulations, including the regulation of hunting, fishing, 
     and trapping.

              TITLE LXXI--NATIONAL TRAIL SYSTEM AMENDMENTS

     SEC. 7101. NORTH COUNTRY NATIONAL SCENIC TRAIL ROUTE 
                   ADJUSTMENT.

       Section 5(a)(8) of the National Trails System Act (16 
     U.S.C. 1244(a)(8)) is amended in the first sentence--
       (1) by striking ``thirty-two hundred'' and inserting 
     ``4,600''; and
       (2) by striking ``as `Proposed North Country Trail-Vicinity 
     Map' in'' and all that follows through the period at the end 
     of the sentence and inserting ``as `North Country National 
     Scenic Trail, Authorized Route' dated February 16, 2005, and 
     numbered 649/80,002.''.

            DIVISION H--WATER AND HYDROPOWER AUTHORIZATIONS

        TITLE LXXX--BUREAU OF RECLAMATION PROJECT AUTHORIZATIONS

     SEC. 8001. MAGNA 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. 1657. MAGNA WATER DISTRICT WATER REUSE AND GROUNDWATER 
                   RECHARGE PROJECT, UTAH.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the Magna Water District, Utah, may participate in the 
     design, planning, and construction of permanent facilities 
     needed to establish recycled water distribution and 
     wastewater treatment and reclamation facilities that will be 
     used to provide recycled water in the Magna Water District.

[[Page 22643]]

       ``(b) Cost Sharing.--
       ``(1) Federal share.--The Federal share of the capital cost 
     of the project described in subsection (a) shall not exceed 
     25 percent of the total cost of the project.
       ``(2) Non-federal share.--Each cost incurred by the Magna 
     Water District after January 1, 2003, relating to any 
     capital, planning, design, permitting, construction, or land 
     acquisition (including the value of reallocated water rights) 
     for the project described in subsection (a) may be credited 
     towards the non-Federal share of the costs 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 are 
     authorized to be appropriated such sums as are necessary to 
     carry out 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 1656 the following:

``Sec. 1657. Magna Water District water reuse and groundwater recharge 
              project, Utah.''.

     SEC. 8002. 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 8001(a)) is amended by adding at the end the 
     following:

     ``SEC. 1658. CCCSD-CONCORD RECYCLED WATER PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the Central Contra Costa Sanitary District, 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 are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary.

     ``SEC. 1659. CENTRAL DUBLIN RECYCLED WATER DISTRIBUTION AND 
                   RETROFIT PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the Dublin San Ramon Services District, 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 are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary.

     ``SEC. 1660. PETALUMA RECYCLED WATER PROJECT, PHASES 2A, 2B, 
                   AND 3.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the City of Petaluma, 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 such sums as are 
     necessary.

     ``SEC. 1661. CENTRAL 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 are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary.

     ``SEC. 1662. PALO ALTO RECYCLED WATER PIPELINE PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the City of Palo Alto, 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 are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary.

     ``SEC. 1663. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH 
                   RECYCLED WATER PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the Ironhouse Sanitary District (ISD), 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 are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary.''.
       (2) Project implementation.--In carrying out sections 1642 
     through 1648 of the Reclamation Wastewater and Groundwater 
     Study and Facilities Act, and the sections added to such Act 
     by paragraph (1), the Secretary shall enter into individual 
     agreements with the San Francisco Bay Area Regional Water 
     Recycling implementing agencies to fund the projects through 
     the Bay Area Clean Water Agencies (BACWA) or its successor, 
     and may include in such agreements a provision for the 
     reimbursement of construction costs, including those 
     construction costs incurred prior to the enactment of this 
     Act, subject to appropriations made available for the Federal 
     share of the project under sections 1642 through 1648 of the 
     Reclamation Wastewater and Groundwater Study and Facilities 
     Act and the sections added to such Act by paragraph (1).
       (3) Clerical amendments.--The table of contents of the 
     Reclamation Projects Authorization and Adjustment Act of 1992 
     (43 U.S.C. prec. 371) (as amended by section 8001(b)) is 
     amended by adding at the end the following:

``Sec. 1658. CCCSD-Concord recycled water project.
``Sec. 1659. Central Dublin recycled water distribution and retrofit 
              project.
``Sec. 1660. Petaluma recycled water project, phases 2a, 2b, and 3.
``Sec. 1661. Central Redwood City recycled water project.
``Sec. 1662. Palo Alto recycled water pipeline project.
``Sec. 1663. Ironhouse Sanitary District (ISD) Antioch recycled water 
              project.''.
       (b) Modification to Authorized Projects.--
       (1) Antioch recycled water project.--Section 1644(d) of the 
     Reclamation Wastewater and Groundwater Study and Facilities 
     Act (43 U.S.C. 390h-27) (as amended by section 512(a) of the 
     Consolidated Natural Resources Act of 2008) is amended--
       (A) by striking ``is'' and inserting ``are''; and
       (B) by striking ``$2,250,000'' and inserting ``such sums as 
     are necessary''.
       (2) South bay advanced recycled water treatment facility.--
     Section 1648(d) of the Reclamation Wastewater and Groundwater 
     Study and Facilities Act (43 U.S.C. 390h-31) (as amended by 
     section 512(a) of the Consolidated Natural Resources Act of 
     2008) is amended--
       (A) by striking ``is'' and inserting ``are''; and
       (B) by striking ``$8,250,000'' and inserting ``such sums as 
     are necessary''.

     SEC. 8003. CALLEGUAS WATER PROJECT.

       Section 1631(d) of the Reclamation Wastewater and 
     Groundwater Study and Facilities Act (43 U.S.C. 390h-13(d)) 
     is amended--
       (1) in paragraph (1) by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following:
       ``(3) In the case of the Calleguas Municipal Water District 
     Recycling Project authorized by section 1616, the Federal 
     share of the cost of the Project may not exceed the sum 
     determined by adding--
       ``(A) the amount that applies to the Project under 
     paragraph (1); and
       ``(B) $20,000,000.''.

     SEC. 8004. HERMISTON, OREGON, WATER RECYCLING AND REUSE 
                   PROJECT.

       (a) In General.--The Reclamation Wastewater and Groundwater 
     Study and Facilities Act (Public Law 102-575, title XVI; 43 
     U.S.C. 390h et seq.) (as amended by section 8003(a)(1)) is 
     amended by adding at the end the following:

     ``SEC. 1664. CITY OF HERMISTON, OREGON, WATER RECYCLING AND 
                   REUSE PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the City of Hermiston, Oregon, is authorized to participate 
     in the design, planning, and construction of permanent 
     facilities to reclaim and reuse water in the City of 
     Hermiston, Oregon.

[[Page 22644]]

       ``(b) Cost Share.--The Federal share of the costs of the 
     project described in subsection (a) shall not exceed 25 
     percent of the total cost.
       ``(c) Limitation.--The Secretary shall not provide funds 
     for the operation and maintenance of the project described in 
     subsection (a).''.
       (b) Clerical Amendment.--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 
     8003(a)(3)) is amended by adding at the end the following:

``Sec. 1664. City of Hermiston, Oregon, water recycling and reuse 
              project.''.

     SEC. 8005. CENTRAL VALLEY PROJECT WATER TRANSFERS.

       (a) Authorization of Water Transfers, Central Valley 
     Project.--
       (1) In general.--Subject to paragraph (2), the following 
     voluntary water transfers shall be considered to meet the 
     conditions described in subparagraphs (A) and (I) of section 
     3405(a)(1) of the Reclamation Projects Authorization and 
     Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4709):
       (A) A transfer of irrigation water among Central Valley 
     Project contractors from the Friant, San Felipe, West San 
     Joaquin, and Delta divisions.
       (B) A transfer from a long-term Friant Division water 
     service or repayment contractor to a temporary or prior 
     temporary water service contractor within the place of use in 
     existence on the date of the transfer, as identified in the 
     Bureau of Reclamation water rights permits for the Friant 
     Division.
       (2) Condition.--A transfer under paragraph (1) shall comply 
     with all applicable Federal and State law.
       (b) Facilitation of Water Transfers, Central Valley 
     Project.--As soon as practicable after the date of enactment 
     of this Act, the Secretary of the Interior, acting through 
     the Director of the United States Fish and Wildlife Service 
     and the Commissioner of the Bureau of Reclamation, using such 
     sums as are necessary, shall initiate and complete, on the 
     most expedited basis practicable, programmatic documentation 
     to facilitate voluntary water transfers within the Central 
     Valley Project, consistent with all applicable Federal and 
     State law.
       (c) Report on Central Valley Project Water Transfers.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commissioner of the Bureau of 
     Reclamation (referred to in this subsection as the 
     ``Commissioner'') shall submit to the appropriate committees 
     of Congress a report that--
       (A) describes the status of efforts to help facilitate and 
     improve the water transfers under this section;
       (B) evaluates potential effects of this Act on Federal 
     programs, Indian tribes, Central Valley Project operations, 
     the environment, groundwater aquifers, refuges, and 
     communities; and
       (C) provides recommendations on ways to facilitate, and 
     improve the process for--
       (i) water transfers within the Central Valley Project; and
       (ii) water transfers between the Central Valley Project and 
     other water projects in the State of California.
       (2) Updates.--Not later than the end of the water year in 
     which the report is submitted under paragraph (1) and each of 
     the 4 water years thereafter, the Commissioner shall update 
     the report.

     SEC. 8006. LAND WITHDRAWAL AND RESERVATION FOR CRAGIN 
                   PROJECT.

       (a) Definitions.--In this section:
       (1) Covered land.--The term ``covered land'' means the 
     parcel of land consisting of approximately 512 acres, as 
     generally depicted on the Map, that consists of--
       (A) approximately 300 feet of the crest of the Cragin Dam 
     and associated spillway;
       (B) the reservoir pool of the Cragin Dam that consists of 
     approximately 250 acres defined by the high water mark; and
       (C) the linear corridor.
       (2) Cragin project.--The term ``Cragin Project'' means--
       (A) the Cragin Dam and associated spillway;
       (B) the reservoir pool of the Cragin Dam; and
       (C) any pipelines, linear improvements, buildings, 
     hydroelectric generating facilities, priming tanks, 
     transmission, telephone, and fiber optic lines, pumps, 
     machinery, tools, appliances, and other District or Bureau of 
     Reclamation structures and facilities used for the Cragin 
     Project.
       (3) District.--The term ``District'' means the Salt River 
     Project Agricultural Improvement and Power District.
       (4) Land management activity.--The term ``land management 
     activity'' includes, with respect to the covered land, the 
     management of--
       (A) recreation;
       (B) grazing;
       (C) wildland fire;
       (D) public conduct;
       (E) commercial activities that are not part of the Cragin 
     Project;
       (F) cultural resources;
       (G) invasive species;
       (H) timber and hazardous fuels;
       (I) travel;
       (J) law enforcement; and
       (K) roads and trails.
       (5) Linear corridor.--The term ``linear corridor'' means a 
     corridor of land comprising approximately 262 acres--
       (A) the width of which is approximately 200 feet;
       (B) the length of which is approximately 11.5 miles;
       (C) of which approximately 0.7 miles consists of an 
     underground tunnel; and
       (D) that is generally depicted on the Map.
       (6) Map.--The term ``Map'' means sheets 1 and 2 of the maps 
     entitled ``C.C. Cragin Project Withdrawal'' and dated June 
     17, 2008.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (b) Withdrawal of Covered Land.--Subject to valid existing 
     rights, the covered land is permanently withdrawn from all 
     forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (c) Map.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior, in 
     coordination with the Secretary, shall prepare a map and 
     legal description of the covered land.
       (2) Force and effect.--The map and legal description 
     prepared under paragraph (1) shall have the same force and 
     effect as if included in this section, except that the 
     Secretary of the Interior may correct clerical and 
     typographical errors.
       (3) Availability.--The map and legal description prepared 
     under paragraph (1) shall be on file and available for public 
     inspection in the appropriate offices of the Forest Service 
     and Bureau of Reclamation.
       (d) Jurisdiction and Duties.--
       (1) Jurisdiction of the secretary of the interior.--
       (A) In general.--Except as provided in subsection (e), the 
     Secretary of the Interior, acting through the Commissioner of 
     Reclamation, shall have exclusive administrative jurisdiction 
     to manage the Cragin Project in accordance with this section 
     and section 213(i) of the Arizona Water Settlements Act 
     (Public Law 108-451; 118 Stat. 3533) on the covered land.
       (B) Inclusion.--Notwithstanding subsection (e), the 
     jurisdiction under subparagraph (A) shall include access to 
     the Cragin Project by the District.
       (2) Responsibility of secretary of the interior and 
     district.--In accordance with paragraphs (4)(B) and (5) of 
     section 213(i) of the Arizona Water Settlements Act (Public 
     Law 108-451; 118 Stat. 3533), the Secretary of the Interior 
     and the District shall--
       (A) ensure the compliance of each activity carried out at 
     the Cragin Project with each applicable Federal environmental 
     law (including regulations); and
       (B) coordinate with appropriate Federal agencies in 
     ensuring the compliance under subparagraph (A).
       (e) Land Management Activities on Covered Land.--
       (1) In general.--The Secretary shall have administrative 
     jurisdiction over land management activities on the covered 
     land and other appropriate management activities pursuant to 
     an agreement under paragraph (2) that do not conflict with, 
     or adversely affect, the operation, maintenance, or 
     replacement (including repair) of the Cragin Project, as 
     determined by the Secretary of the Interior.
       (2) Interagency agreement.--The Secretary and the Secretary 
     of the Interior, in coordination with the District, may enter 
     into an agreement under which the Secretary may--
       (A) undertake any other appropriate management activity in 
     accordance with applicable law that will improve the 
     management and safety of the covered land and other land 
     managed by the Secretary if the activity does not conflict 
     with, or adversely affect, the operation, maintenance, or 
     replacement (including repair) of the Cragin Project, as 
     determined by the Secretary of the Interior; and
       (B) carry out any emergency activities, such as fire 
     suppression, on the covered land.

     SEC. 8007. LEADVILLE MINE DRAINAGE TUNNEL.

       (a) Tunnel Maintenance; Operation and Maintenance.--Section 
     703 of the Reclamation Projects Authorization and Adjustment 
     Act of 1992 (Public Law 102-575; 106 Stat. 4656) is amended 
     to read as follows:

     ``SEC. 703. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.

       ``(a) Leadville Mine Drainage Tunnel.--The Secretary shall 
     take any action necessary to maintain the structural 
     integrity of the Leadville Mine Drainage Tunnel--
       ``(1) to maintain public safety; and
       ``(2) to prevent an uncontrolled release of water.
       ``(b) Water Treatment Plant.--
       ``(1) In general.--Subject to section 705, the Secretary 
     shall be responsible for the operation and maintenance of the 
     water treatment plant authorized under section 701, including 
     any sludge disposal authorized under this title.
       ``(2) Authority to offer to enter into contracts.--In 
     carrying out paragraph (1),

[[Page 22645]]

     the Secretary may offer to enter into 1 or more contracts 
     with any appropriate individual or entity for the conduct of 
     any service required under paragraph (1).''.
       (b) Reimbursement.--Section 705 of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4656) is amended--
       (1) by striking ``The treatment plant'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the treatment plant''; and
       (2) by adding at the end the following:
       ``(b) Exception.--The Secretary may--
       ``(1) enter into an agreement with any other entity or 
     government agency to provide funding for an increase in any 
     operation, maintenance, replacement, capital improvement, or 
     expansion cost that is necessary to improve or expand the 
     treatment plant; and
       ``(2) upon entering into an agreement under paragraph (1)--
       ``(A) make any necessary capital improvement to or 
     expansion of the treatment plant; and
       ``(B) treat flows that are conveyed to the treatment plant, 
     including any--
       ``(i) surface water diverted into the Leadville Mine 
     Drainage Tunnel; and
       ``(ii) water collected by the dewatering relief well 
     installed in June 2008.''.
       (c) Use of Leadville Mine Drainage Tunnel and Treatment 
     Plant.--Section 708(a) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4657) is amended--
       (1) by striking ``(a) The Secretary'' and inserting the 
     following:
       ``(a) In General.--
       ``(1) Authorization.--The Secretary'';
       (2) by striking ``Neither'' and inserting the following:
       ``(2) Liability.--Neither'';
       (3) by striking ``The Secretary shall have'' and inserting 
     the following:
       ``(3) Facilities covered under other laws.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall have'';
       (4) by inserting after ``Recovery Act.'' the following:
       ``(B) Exception.--If the Administrator of the Environmental 
     Protection Agency proposes to amend or issue a new Record of 
     Decision for operable unit 6 of the California Gulch National 
     Priorities List Site, the Administrator shall consult with 
     the Secretary with respect to each feature of the proposed 
     new or amended Record of Decision that may require any 
     alteration to, or otherwise affect the operation and 
     maintenance of--
       ``(i) the Leadville Mine Drainage Tunnel; or
       ``(ii) the water treatment plant authorized under section 
     701.
       ``(4) Authority of secretary.--The Secretary may implement 
     any improvement to, or new operation of, the Leadville Mine 
     Drainage Tunnel or water treatment plant authorized under 
     section 701 as a result of a new or amended Record of 
     Decision only upon entering into an agreement with the 
     Administrator of the Environmental Protection Agency or any 
     other entity or government agency to provide funding for the 
     improvement or new operation.''; and
       (5) by striking ``For the purpose of'' and inserting the 
     following:
       ``(5) Definition of upper arkansas river basin.--In''.
       (d) Authorization of Appropriations.--Section 708(f) of the 
     Reclamation Projects Authorization and Adjustment Act of 1992 
     (Public Law 102-575; 106 Stat. 4657) is amended by striking 
     ``sections 707 and 708'' and inserting ``this section and 
     sections 703, 705, and 707''.
       (e) Conforming Amendment.--The table of contents of title 
     VII of the Reclamation Projects Authorization and Adjustment 
     Act of 1992 (Public Law 102-575; 106 Stat. 4601) is amended 
     by striking the item relating to section 703 and inserting 
     the following:

``Sec. 703. Tunnel maintenance; operation and maintenance.''.

     SEC. 8008. REAUTHORIZATION OF BASE FUNDING FOR FISH RECOVERY 
                   PROGRAMS.

       Section 3(d)(2) of Public Law 106-392 (114 Stat. 1604) is 
     amended by adding at the end the following: ``For each of 
     fiscal years 2012 through 2023, there are authorized to be 
     appropriated such sums as may be necessary to provide for the 
     annual base funding for the Recovery Implementation Programs 
     above and beyond the continued use of power revenues to fund 
     the operation and maintenance of capital projects and 
     monitoring.''.

                        TITLE LXXXI--HYDROPOWER

     SEC. 8101. AMERICAN FALLS RESERVOIR HYDRO LICENSE EXTENSION.

       Notwithstanding the time period specified in section 13 of 
     the Federal Power Act (16 U.S.C. 806) that would otherwise 
     apply to the Federal Energy Regulatory Commission project 
     numbered 12423, the Federal Energy Regulatory Commission 
     shall, at the request of the licensee for the project, and 
     after reasonable notice and in accordance with the procedures 
     of the Commission under that section, reinstate the license 
     and extend the time period during which the licensee is 
     required to commence the construction of project works to the 
     end of the 3-year period beginning on the date of enactment 
     of this Act.

     SEC. 8102. LITTLE WOOD RIVER RANCH HYDRO LICENSE EXTENSION.

       Notwithstanding the time period specified in section 13 of 
     the Federal Power Act (16 U.S.C. 806) that would otherwise 
     apply to the Federal Energy Regulatory Commission project 
     numbered 12063, the Federal Energy Regulatory Commission 
     shall, at the request of the licensee for the project, and 
     after reasonable notice and in accordance with the procedures 
     of the Commission under that section--
       (1) extend the time period during which the licensee is 
     required to commence the construction of project works to the 
     end of the 3-year period beginning on the date of enactment 
     of this Act; or
       (2) if the license for Project No. 12063 has been 
     terminated, reinstate the license and extend the time period 
     during which the licensee is required to commence the 
     construction of project works to the end of the 3-year period 
     beginning on the date of enactment of this Act.

     SEC. 8103. BONNEVILLE UNIT HYDROPOWER.

       (a) Diamond Fork System Defined.--For the purposes of this 
     section, the term ``Diamond Fork System'' means the 
     facilities described in chapter 4 of the October 2004 
     Supplement to the 1988 Definite Plan Report for the 
     Bonneville Unit.
       (b) Cost Allocations.--Notwithstanding any other provision 
     of law, in order to facilitate hydropower development on the 
     Diamond Fork System, the amount of reimbursable costs 
     allocated to project power in Chapter 6 of the Power Appendix 
     in the October 2004 Supplement to the 1988 Bonneville Unit 
     Definite Plan Report, with regard to power development within 
     the Diamond Fork System, shall be considered final costs as 
     well as costs in excess of the total maximum repayment 
     obligation as defined in section 211 of the Central Utah 
     Project Completion Act of 1992 (Public Law 102-575), and 
     shall be subject to the same terms and conditions.
       (c) No Purchase or Market Obligation; No Costs Assigned to 
     Power.--Nothing in this section shall obligate the Western 
     Area Power Administration to purchase or market any of the 
     power produced by the Diamond Fork power plant and none of 
     the costs associated with development of transmission 
     facilities to transmit power from the Diamond Fork power 
     plant shall be assigned to power for the purpose of Colorado 
     River Storage Project ratemaking.
       (d) Prohibition on Tax-exempt Financing.--No facility for 
     the generation or transmission of hydroelectric power on the 
     Diamond Fork System may be financed or refinanced, in whole 
     or in part, with proceeds of any obligation--
       (1) the interest on which is exempt from the tax imposed 
     under chapter 1 of the Internal Revenue Code of 1986, or
       (2) with respect to which credit is allowable under subpart 
     I or J of part IV of subchapter A of chapter 1 of such Code.
       (e) Reporting Requirement.--If, 24 months after the date of 
     the enactment of this Act, hydropower production on the 
     Diamond Fork System has not commenced, the Secretary of the 
     Interior shall submit a report to the Committee on Natural 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate stating this 
     fact, the reasons such production has not yet commenced, and 
     a detailed timeline for future hydropower production.
       (f) Limitation on the Use of Funds.--The authority under 
     the provisions of section 301 of the Hoover Power Plant Act 
     of 1984 (Public Law 98-381; 42 U.S.C. 16421a) shall not be 
     used to fund any study or construction of transmission 
     facilities developed as a result of this section.

     SEC. 8104. HOOVER POWER PLANT ALLOCATION.

       (a) Schedule A Power.--Section 105(a)(1)(A) of the Hoover 
     Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(A)) is 
     amended--
       (1) by striking ``renewal'';
       (2) by striking ``June 1, 1987'' and inserting ``October 1, 
     2017''; and
       (3) by striking Schedule A and inserting the following:

[[Page 22646]]



                                                  ``Schedule A
  Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon
                                               project contractors
----------------------------------------------------------------------------------------------------------------
                                                                 Contingent     Firm energy (thousands of kWh)
                           Contractor                             capacity  ------------------------------------
                                                                    (kW)       Summer      Winter       Total
----------------------------------------------------------------------------------------------------------------
Metropolitan Water District of Southern California.............     249,948     859,163     368,212    1,227,375
City of Los Angeles............................................     495,732     464,108     199,175      663,283
Southern California Edison Company.............................     280,245     166,712      71,448      238,160
City of Glendale...............................................      18,178      45,028      19,297       64,325
City of Pasadena...............................................      11,108      38,622      16,553       55,175
City of Burbank................................................       5,176      14,070       6,030       20,100
Arizona Power Authority........................................     190,869     429,582     184,107      613,689
Colorado River Commission of Nevada............................     190,869     429,582     184,107      613,689
United States, for Boulder City................................      20,198      53,200      22,800       76,000
                                                                ------------------------------------------------
Totals.........................................................   1,462,323   2,500,067   1,071,729  3,571,796''
                                                                                                               .
----------------------------------------------------------------------------------------------------------------

       (b) Schedule B Power.--Section 105(a)(1)(B) of the Hoover 
     Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(B)) is amended 
     to read as follows:
       ``(B) To each existing contractor for power generated at 
     Hoover Dam, a contract, for delivery commencing October 1, 
     2017, of the amount of contingent capacity and firm energy 
     specified for that contractor in the following table:

                                                  ``Schedule B
  Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon
                                               project contractors
----------------------------------------------------------------------------------------------------------------
                                                                  Contingent    Firm energy (thousands of kWh)
                           Contractor                              capacity  -----------------------------------
                                                                     (kW)       Summer      Winter       Total
----------------------------------------------------------------------------------------------------------------
 City of Glendale...............................................       2,020       2,749       1,194       3,943
City of Pasadena................................................       9,089       2,399       1,041       3,440
City of Burbank.................................................      15,149       3,604       1,566       5,170
City of Anaheim.................................................      40,396      34,442      14,958      49,400
City of Azusa...................................................       4,039       3,312       1,438       4,750
City of Banning.................................................       2,020       1,324         576       1,900
City of Colton..................................................       3,030       2,650       1,150       3,800
City of Riverside...............................................      30,296      25,831      11,219      37,050
City of Vernon..................................................      22,218      18,546       8,054      26,600
Arizona.........................................................     189,860     140,600      60,800     201,400
Nevada..........................................................     189,860     273,600     117,800     391,400
                                                                 -----------------------------------------------
Totals..........................................................     507,977     509,057     219,796  728,853''.
----------------------------------------------------------------------------------------------------------------

       (c) Schedule C Power.--Section 105(a)(1)(C) of the Hoover 
     Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(C)) is 
     amended--
       (1) by striking ``June 1, 1987'' and inserting ``October 1, 
     2017''; and
       (2) by striking Schedule C and inserting the following:

                                                  ``Schedule C
                                                  Excess Energy
----------------------------------------------------------------------------------------------------------------
          Priority of entitlement to excess energy                                  State
----------------------------------------------------------------------------------------------------------------
First: Meeting Arizona's first priority right to delivery    Arizona
 of excess energy which is equal in each year of operation
 to 200 million kilowatthours: Provided, That in the event
 excess energy in the amount of 200 million kilowatthours
 is not generated during any year of operation, Arizona
 shall accumulate a first right to delivery of excess
 energy subsequently generated in an amount not to exceed
 600 million kilowatthours, inclusive of the current year's
 200 million kilowatthours. Said first right of delivery
 shall accrue at a rate of 200 million kilowatthours per
 year for each year excess energy in an amount of 200
 million kilowatthours is not generated, less amounts of
 excess energy delivered...................................
Second: Meeting Hoover Dam contractual obligations under     Arizona, Nevada, and California
 Schedule A of subsection (a)(1)(A), under Schedule B of
 subsection (a)(1)(B), and under Schedule D of subsection
 (a)(2), not exceeding 26 million kilowatthours in each
 year of operation.........................................
Third: Meeting the energy requirements of the three States,  Arizona, Nevada, and California''.
 such available excess energy to be divided equally among
 the States................................................
----------------------------------------------------------------------------------------------------------------

       (d) Schedule D Power.--Section 105(a) of the Hoover Power 
     Plant Act of 1984 (43 U.S.C. 619a(a)) is amended--
       (1) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2)(A) The Secretary of Energy is authorized to and shall 
     create from the apportioned allocation of contingent capacity 
     and firm energy adjusted from the amounts authorized in this 
     Act in 1984 to the amounts shown in Schedule A and Schedule 
     B, as modified by the America's Great Outdoors Act of 2010, a 
     resource pool equal to 5 percent of the full rated capacity 
     of 2,074,000 kilowatts, and associated firm energy, as shown 
     in Schedule D (referred to in this section as `Schedule D 
     contingent capacity and firm energy'):

[[Page 22647]]



                                                  ``Schedule D
     Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees
----------------------------------------------------------------------------------------------------------------
                                                                  Contingent    Firm energy (thousands of kWh)
                              State                                capacity  -----------------------------------
                                                                     (kW)       Summer      Winter       Total
----------------------------------------------------------------------------------------------------------------
New Entities Allocated by the Secretary of Energy...............      69,170     105,637      45,376     151,013
New Entities Allocated by State
Arizona.........................................................      11,510      17,580       7,533      25,113
 California.....................................................      11,510      17,580       7,533      25,113
Nevada..........................................................      11,510      17,580       7,533      25,113
                                                                 -----------------------------------------------
Totals..........................................................     103,700     158,377      67,975     226,352
----------------------------------------------------------------------------------------------------------------

       ``(B) The Secretary of Energy shall offer Schedule D 
     contingency capacity and firm energy to entities not 
     receiving contingent capacity and firm energy under 
     subparagraphs (A) and (B) of paragraph (1) (referred to in 
     this section as `new allottees') for delivery commencing 
     October 1, 2017 pursuant to this subsection. In this 
     subsection, the term `the marketing area for the Boulder City 
     Area Projects' shall have the same meaning as in appendix A 
     of the General Consolidated Power Marketing Criteria or 
     Regulations for Boulder City Area Projects published in the 
     Federal Register on December 28, 1984 (49 Federal Register 
     50582 et seq.) (referred to in this section as the 
     `Criteria').
       ``(C)(i) Within 36 months of the date of enactment of the 
     America's Great Outdoors Act of 2010, the Secretary of Energy 
     shall allocate through the Western Area Power Administration 
     (referred to in this section as `Western'), for delivery 
     commencing October 1, 2017, for use in the marketing area for 
     the Boulder City Area Projects 66.7 percent of the Schedule D 
     contingent capacity and firm energy to new allottees that are 
     located within the marketing area for the Boulder City Area 
     Projects and that are--
       ``(I) eligible to enter into contracts under section 5 of 
     the Boulder Canyon Project Act (43 U.S.C. 617d); or
       ``(II) federally recognized Indian tribes.
       ``(ii) In the case of Arizona and Nevada, Schedule D 
     contingent capacity and firm energy for new allottees other 
     than federally recognized Indian tribes shall be offered 
     through the Arizona Power Authority and the Colorado River 
     Commission of Nevada, respectively. Schedule D contingent 
     capacity and firm energy allocated to federally recognized 
     Indian tribes shall be contracted for directly with Western.
       ``(D) Within 1 year of the date of enactment of the 
     America's Great Outdoors Act of 2010, the Secretary of Energy 
     also shall allocate, for delivery commencing October 1, 2017, 
     for use in the marketing area for the Boulder City Area 
     Projects 11.1 percent of the Schedule D contingent capacity 
     and firm energy to each of--
       ``(i) the Arizona Power Authority for allocation to new 
     allottees in the State of Arizona;
       ``(ii) the Colorado River Commission of Nevada for 
     allocation to new allottees in the State of Nevada; and
       ``(iii) Western for allocation to new allottees within the 
     State of California, provided that Western shall have 36 
     months to complete such allocation.
       ``(E) Each contract offered pursuant to this subsection 
     shall include a provision requiring the new allottee to pay a 
     proportionate share of its State's respective contribution 
     (determined in accordance with each State's applicable 
     funding agreement) to the cost of the Lower Colorado River 
     Multi-Species Conservation Program (as defined in section 
     9401 of the Omnibus Public Land Management Act of 2009 
     (Public Law 111-11; 123 Stat. 1327)), and to execute the 
     Boulder Canyon Project Implementation Agreement Contract No. 
     95-PAO-10616 (referred to in this section as the 
     `Implementation Agreement').
       ``(F) Any of the 66.7 percent of Schedule D contingent 
     capacity and firm energy that is to be allocated by Western 
     that is not allocated and placed under contract by October 1, 
     2017, shall be returned to those contractors shown in 
     Schedule A and Schedule B in the same proportion as those 
     contractors' allocations of Schedule A and Schedule B 
     contingent capacity and firm energy. Any of the 33.3 percent 
     of Schedule D contingent capacity and firm energy that is to 
     be distributed within the States of Arizona, Nevada, and 
     California that is not allocated and placed under contract by 
     October 1, 2017, shall be returned to the Schedule A and 
     Schedule B contractors within the State in which the Schedule 
     D contingent capacity and firm energy were to be distributed, 
     in the same proportion as those contractors' allocations of 
     Schedule A and Schedule B contingent capacity and firm 
     energy.''.
       (e) Total Obligations.--Paragraph (3) of section 105(a) of 
     the Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as 
     redesignated as subsection (d)(1)) is amended--
       (1) in the first sentence, by striking ``schedule A of 
     section 105(a)(1)(A) and schedule B of section 105(a)(1)(B)'' 
     and inserting ``paragraphs (1)(A), (1)(B), and (2)''; and
       (2) in the second sentence--
       (A) by striking ``any'' and inserting ``each'';
       (B) by striking ``schedule C'' and inserting ``Schedule 
     C''; and
       (C) by striking ``schedules A and B'' and inserting 
     ``Schedules A, B, and D''.
       (f) Power Marketing Criteria.--Paragraph (4) of section 
     105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 
     619a(a)) (as redesignated as subsection (d)(1)) is amended to 
     read as follows:
       ``(4) Subdivision E of the Criteria shall be deemed to have 
     been modified to conform to this section, as modified by the 
     America's Great Outdoors Act of 2010. The Secretary of Energy 
     shall cause to be included in the Federal Register a notice 
     conforming the text of the regulations to such 
     modifications.''.
       (g) Contract Terms.--Paragraph (5) of section 105(a) of the 
     Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as 
     redesignated as subsection (d)(1)) is amended--
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) in accordance with section 5(a) of the Boulder Canyon 
     Project Act (43 U.S.C. 617d(a)), expire September 30, 
     2067;'';
       (2) in the proviso of subparagraph (B)--
       (A) by striking ``shall use'' and inserting ``shall 
     allocate''; and
       (B) by striking ``and'' after the semicolon at the end;
       (3) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(D) authorize and require Western to collect from new 
     allottees a pro rata share of Hoover Dam repayable advances 
     paid for by contractors prior to October 1, 2017, and remit 
     such amounts to the contractors that paid such advances in 
     proportion to the amounts paid by such contractors as 
     specified in section 6.4 of the Implementation Agreement;
       ``(E) permit transactions with an independent system 
     operator; and
       ``(F) contain the same material terms included in section 
     5.6 of those long-term contracts for purchases from the 
     Hoover Power Plant that were made in accordance with this Act 
     and are in existence on the date of enactment of the 
     America's Great Outdoors Act of 2010.''.
       (h) Existing Rights.--Section 105(b) of the Hoover Power 
     Plant Act of 1984 (43 U.S.C. 619a(b)) is amended by striking 
     ``2017'' and inserting ``2067''.
       (i) Offers.--Section 105(c) of the Hoover Power Plant Act 
     of 1984 (43 U.S.C. 619a(c)) is amended to read as follows:
       ``(c) Offer of Contract to Other Entities.--If any existing 
     contractor fails to accept an offered contract, the Secretary 
     of Energy shall offer the contingent capacity and firm energy 
     thus available first to other entities in the same State 
     listed in Schedule A and Schedule B, second to other entities 
     listed in Schedule A and Schedule B, third to other entities 
     in the same State which receive contingent capacity and firm 
     energy under subsection (a)(2) of this section, and last to 
     other entities which receive contingent capacity and firm 
     energy under subsection (a)(2) of this section.''.
       (j) Availability of Water.--Section 105(d) of the Hoover 
     Power Plant Act of 1984 (43 U.S.C. 619a(d) is amended to read 
     as follows:
       ``(d) Water Availability.--Except with respect to energy 
     purchased at the request of an allottee pursuant to 
     subsection (a)(3), the obligation of the Secretary of Energy 
     to deliver contingent capacity and firm energy pursuant to 
     contracts entered into pursuant to this section shall be 
     subject to availability of the water needed to produce such 
     contingent capacity and firm energy. In the event that water 
     is not available to produce the contingent capacity and firm 
     energy set forth in Schedule A, Schedule B, and Schedule D, 
     the Secretary of Energy shall adjust the contingent capacity 
     and firm energy offered under those Schedules in the same 
     proportion as those contractors' allocations of Schedule A, 
     Schedule B, and Schedule D contingent capacity and firm 
     energy bears to the full rated contingent capacity and firm 
     energy obligations.''.
       (k) Conforming Amendments.--Section 105 of the Hoover Power 
     Plant Act of 1984 (43 U.S.C. 619a) is amended--

[[Page 22648]]

       (1) by striking subsections (e) and (f); and
       (2) by redesignating subsections (g), (h), and (i) as 
     subsections (e), (f), and (g), respectively.
       (l) Continued Congressional Oversight.--Subsection (e) of 
     section 105 of the Hoover Power Plant Act of 1984 (43 U.S.C. 
     619a)) (as redesignated by subsection (k)(2)) is amended--
       (1) in the first sentence, by striking ``the renewal of''; 
     and
       (2) in the second sentence, by striking ``June 1, 1987, and 
     ending September 30, 2017'' and inserting ``October 1, 2017, 
     and ending September 30, 2067''.
       (m) Court Challenges.--Subsection (f)(1) of section 105 of 
     the Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as 
     redesignated by subsection (k)(2)) is amended in the first 
     sentence by striking ``this Act'' and inserting ``the 
     America's Great Outdoors Act of 2010''.
       (n) Reaffirmation of Congressional Declaration of 
     Purpose.--Subsection (g) of section 105 of the Hoover Power 
     Plant Act of 1984 (43 U.S.C. 619a) (as redesignated by 
     subsection (k)(2)) is amended--
       (1) by striking ``subsections (c), (g), and (h) of this 
     section'' and inserting ``this Act''; and
       (2) by striking ``June 1, 1987, and ending September 30, 
     2017'' and inserting ``October 1, 2017, and ending September 
     30, 2067''.

                      TITLE LXXXII--MISCELLANEOUS

     SEC. 8201. UINTAH WATER CONSERVANCY DISTRICT PREPAYMENT.

       The Secretary of the Interior shall allow for prepayment of 
     the repayment contract no. 6-05-01-00143 between the United 
     States and the Uintah Water Conservancy District dated June 
     3, 1976, and supplemented and amended on November 1, 1985, 
     and on December 30, 1992, providing for repayment of 
     municipal and industrial water delivery facilities for which 
     repayment is provided pursuant to such contract, under terms 
     and conditions similar to those used in implementing section 
     210 of the Central Utah Project Completion Act (Public Law 
     102-575), as amended. The prepayment--
       (1) shall result in the United States recovering the net 
     present value of all repayment streams that would have been 
     payable to the United States if this section was not in 
     effect;
       (2) may be provided in several installments to reflect 
     substantial completion of the delivery facilities being 
     prepaid, and any increase in the repayment obligation 
     resulting from delivery of water in addition to the water 
     being delivered under this contract as of the date of 
     enactment of this Act;
       (3) shall be adjusted to conform to a final cost allocation 
     including costs incurred by the Bureau of Reclamation, but 
     unallocated as of the date of the enactment of this Act that 
     are allocable to the water delivered under this contract;
       (4) may not be adjusted on the basis of the type of 
     prepayment financing used by the District; and
       (5) shall be made such that total repayment is made not 
     later than September 30, 2019.

     SEC. 8202. TULE RIVER TRIBE WATER DEVELOPMENT.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (2) Tribe.--The term ``Tribe'' means the Tule River Indian 
     Tribe of the Tule River Reservation in the State of 
     California.
       (b) Study and Report on Alternatives.--
       (1) Study.--Not later than 2 years after the date on which 
     funds are made available under paragraph (3), the Secretary 
     shall complete a feasibility study to evaluate alternatives 
     (including alternatives for phase I reservoir storage of a 
     quantity of water of not more than 5,000 acre-feet) for the 
     provision of a domestic, commercial, municipal, industrial, 
     and irrigation water supply for the Tribe.
       (2) Report.--On completion of the study under subsection 
     (a), the Secretary shall submit to the Committee on Natural 
     Resources of the House of Representatives and the Committees 
     on Energy and Natural Resources and Indian Affairs of the 
     Senate a report describing the results of the study.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     subsection such sums as are necessary.
       (c) Conditions for Future Projects.--
       (1) In general.--No project constructed relating to the 
     feasibility study under subsection (b) shall provide any 
     water supply for--
       (A) the casino of the Tule River Tribe, as in existence on 
     the date of enactment of this Act;
       (B) any expansion of that casino;
       (C) any other tribal casino; or
       (D) any current or future lodging, dining, entertainment, 
     meeting space, parking, or other similar facility in support 
     of a gaming activity.
       (2) Availability of water supplies.--A water supply 
     provided by a project constructed relating to the feasibility 
     study under subsection (b) shall be available to serve--
       (A) the domestic, municipal, and governmental (including 
     firefighting) needs of the Tribe and members of the Tribe; 
     and
       (B) other commercial, agricultural, and industrial needs 
     not related to a gaming activity.

     SEC. 8203. INLAND EMPIRE GROUND WATER ASSESSMENT.

       (a) In General.--Not later than 2 years after funds are 
     made available to carry out this section, the Secretary of 
     the Interior, acting through the Director of the United 
     States Geological Survey, shall complete a study of water 
     resources in the Rialto-Colton Basin in the State of 
     California (in this section referred to as the ``Basin''), 
     including--
       (1) a survey of ground water resources in the Basin, 
     including an analysis of--
       (A) the delineation, either horizontally or vertically, of 
     the aquifers in the Basin, including the quantity of water in 
     the aquifers;
       (B) the availability of ground water resources for human 
     use;
       (C) the salinity of ground water resources;
       (D) the identification of a recent surge in perchlorate 
     concentrations in ground water, whether significant sources 
     are being flushed through the vadose zone, or if perchlorate 
     is being remobilized;
       (E) the identification of impacts and extents of all source 
     areas that contribute to the regional plume to be fully 
     characterized;
       (F) the potential of the ground water resources to 
     recharge;
       (G) the interaction between ground water and surface water;
       (H) the susceptibility of the aquifers to contamination, 
     including identifying the extent of commingling of plume 
     emanating within surrounding areas in San Bernardino County, 
     California; and
       (I) any other relevant criteria; and
       (2) a characterization of surface and bedrock geology of 
     the Basin, including the effect of the geology on ground 
     water yield and quality.
       (b) Coordination.--The Secretary shall carry out the study 
     in coordination with the State of California and any other 
     entities that the Secretary determines to be appropriate, 
     including other Federal agencies and institutions of higher 
     education.
       (c) Report.--Upon completion of 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 results 
     of the study.

                       DIVISION I--INSULAR AREAS

     SEC. 9001. CONVEYANCE OF CERTAIN SUBMERGED LAND TO THE 
                   COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

       (a) In General.--The first section of Public Law 93-435 (48 
     U.S.C. 1705) is amended by inserting ``the Commonwealth of 
     the Northern mariana Islands,'' after ``Guam,'' each place it 
     appears.
       (b) References to Date of Enactment.--For the purposes of 
     the amendment made by subsection (a), each reference in 
     Public Law 93-435 (48 U.S.C. 1705) to the ``date of 
     enactment'' shall be considered to be reference to the date 
     of the enactment of this Act.

  DIVISION J--WILDLIFE CONSERVATION AND WATER QUALITY PROTECTION AND 
                              RESTORATION

          TITLE C--WILDLIFE AND WILDLIFE HABITAT CONSERVATION

             Subtitle A--National Fish Habitat Conservation

     SEC. 10001. SHORT TITLE.

       This subtitle may be cited as the ``National Fish Habitat 
     Conservation Act''.

     SEC. 10002. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) healthy populations of fish and other aquatic organisms 
     depend on the conservation, protection, restoration, and 
     enhancement of aquatic habitats in the United States;
       (2) aquatic habitats (including wetlands, streams, rivers, 
     lakes, estuaries, coastal and marine ecosystems, and 
     associated riparian upland habitats that buffer those areas 
     from external factors) perform numerous valuable 
     environmental functions that sustain environmental, social, 
     and cultural values, including recycling nutrients, purifying 
     water, attenuating floods, augmenting and maintaining stream 
     flows, recharging ground water, acting as primary producers 
     in the food chain, and providing essential and significant 
     habitat for plants, fish, wildlife, and other dependent 
     species;
       (3) the extensive and diverse aquatic habitat resources of 
     the United States are of enormous significance to the economy 
     of the United States, providing--
       (A) recreation for 44,000,000 anglers;
       (B) more than 1,000,000 jobs and approximately 
     $125,000,000,000 in economic impact each year relating to 
     recreational fishing; and
       (C) approximately 500,000 jobs and an additional 
     $35,000,000,000 in economic impact each year relating to 
     commercial fishing;
       (4) at least 40 percent of all threatened species and 
     endangered species in the United States are directly 
     dependent on aquatic habitats;
       (5) certain fish species are considered to be ecological 
     indicators of aquatic habitat quality, such that the presence 
     of those species in an aquatic ecosystem reflects high-
     quality habitat for other fish;
       (6) loss and degradation of aquatic habitat, riparian 
     habitat, water quality, and water

[[Page 22649]]

     volume caused by activities such as alteration of 
     watercourses, stream blockages, water withdrawals and 
     diversions, erosion, pollution, sedimentation, and 
     destruction or modification of wetlands have--
       (A) caused significant declines in fish populations 
     throughout the United States, especially declines in native 
     fish populations; and
       (B) resulted in economic losses to the United States;
       (7)(A) providing for the conservation and sustainability of 
     fish and other aquatic organisms has not been fully realized, 
     despite federally funded fish and wildlife restoration 
     programs and other activities intended to conserve aquatic 
     resources; and
       (B) conservation and sustainability may be significantly 
     advanced through a renewed commitment and sustained, 
     cooperative efforts that are complementary to existing fish 
     and wildlife restoration programs and clean water programs;
       (8) the National Fish Habitat Action Plan provides a 
     framework for maintaining and restoring aquatic habitats to 
     ensure perpetuation of populations of fish and other aquatic 
     organisms;
       (9) the United States can achieve significant progress 
     toward providing aquatic habitats for the conservation and 
     restoration of fish and other aquatic organisms through a 
     voluntary, nonregulatory incentive program that is based on 
     technical and financial assistance provided by the Federal 
     Government;
       (10) the creation of partnerships between local citizens, 
     Indian tribes, Alaska Native organizations, corporations, 
     nongovernmental organizations, and Federal, State, and tribal 
     agencies is critical to the success of activities to restore 
     aquatic habitats and ecosystems;
       (11) the Federal Government has numerous regulatory and 
     land and water management agencies that are critical to the 
     implementation of the National Fish Habitat Action Plan, 
     including--
       (A) the United States Fish and Wildlife Service;
       (B) the Bureau of Land Management;
       (C) the National Park Service;
       (D) the Bureau of Reclamation;
       (E) the Bureau of Indian Affairs;
       (F) the National Marine Fisheries Service;
       (G) the Forest Service;
       (H) the Natural Resources Conservation Service; and
       (I) the Environmental Protection Agency;
       (12) the United States Fish and Wildlife Service, the 
     Forest Service, the Bureau of Land Management, and the 
     National Marine Fisheries Service each play a vital role in--
       (A) the protection, restoration, and enhancement of fish 
     communities and aquatic habitats in the United States; and
       (B) the development, operation, and long-term success of 
     fish habitat partnerships and project implementation;
       (13) the United States Geological Survey, the United States 
     Fish and Wildlife Service, and the National Marine Fisheries 
     Service each play a vital role in scientific evaluation, data 
     collection, and mapping for fishery resources in the United 
     States; and
       (14) many of the programs for conservation on private 
     farmland, ranchland, and forestland that are carried out by 
     the Secretary of Agriculture, including the Natural Resources 
     Conservation Service and the State and private forestry 
     programs of the Forest Service, are able to significantly 
     contribute to the implementation of the National Fish Habitat 
     Action Plan through the engagement of private landowners.
       (b) Purpose.--The purpose of this subtitle is to encourage 
     partnerships among public agencies and other interested 
     parties consistent with the mission and goals of the National 
     Fish Habitat Action Plan--
       (1) to protect and maintain intact and healthy aquatic 
     habitats;
       (2) to prevent further degradation of aquatic habitats that 
     have been adversely affected;
       (3) to reverse declines in the quality and quantity of 
     aquatic habitats to improve the overall health of fish and 
     other aquatic organisms;
       (4) to increase the quality and quantity of aquatic 
     habitats that support a broad natural diversity of fish and 
     other aquatic species;
       (5) to improve fisheries habitat in a manner that leads to 
     improvement of the annual economic output from recreational, 
     subsistence, and commercial fishing;
       (6) to ensure coordination and facilitation of activities 
     carried out by Federal departments and agencies under the 
     leadership of--
       (A) the Director of the United States Fish and Wildlife 
     Service;
       (B) the Assistant Administrator for Fisheries of the 
     National Oceanic and Atmospheric Administration; and
       (C) the Director of the United States Geological Survey; 
     and
       (7) to achieve other purposes in accordance with the 
     mission and goals of the National Fish Habitat Action Plan.

     SEC. 10003. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation, 
     and the Committee on Environment and Public Works, of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Aquatic habitat.--
       (A) In general.--The term ``aquatic habitat'' means any 
     area on which an aquatic organism depends, directly or 
     indirectly, to carry out the life processes of the organism, 
     including an area used by the organism for spawning, 
     incubation, nursery, rearing, growth to maturity, food 
     supply, or migration.
       (B) Inclusions.--The term ``aquatic habitat'' includes an 
     area adjacent to an aquatic environment, if the adjacent 
     area--
       (i) contributes an element, such as the input of detrital 
     material or the promotion of a planktonic or insect 
     population providing food, that makes fish life possible;
       (ii) protects the quality and quantity of water sources;
       (iii) provides public access for the use of fishery 
     resources; or
       (iv) serves as a buffer protecting the aquatic environment.
       (3) Assistant administrator.--The term ``Assistant 
     Administrator'' means the Assistant Administrator for 
     Fisheries of the National Oceanic and Atmospheric 
     Administration.
       (4) Board.--The term ``Board'' means the National Fish 
     Habitat Board established by section 10004(a)(1).
       (5) Conservation; conserve; manage; management.--The terms 
     ``conservation'', ``conserve'', ``manage'', and 
     ``management'' mean to protect, sustain, and, if appropriate, 
     restore and enhance, using methods and procedures associated 
     with modern scientific resource programs (including 
     protection, research, census, law enforcement, habitat 
     management, propagation, live trapping and transplantation, 
     and regulated taking)--
       (A) a healthy population of fish, wildlife, or plant life;
       (B) a habitat required to sustain fish, wildlife, or plant 
     life; or
       (C) a habitat required to sustain fish, wildlife, or plant 
     life productivity.
       (6) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (7) Fish.--
       (A) In general.--The term ``fish'' means any freshwater, 
     diadromous, estuarine, or marine finfish or shellfish.
       (B) Inclusions.--The term ``fish'' includes the egg, spawn, 
     spat, larval, and other juvenile stages of an organism 
     described in subparagraph (A).
       (8) Fish habitat conservation project.--
       (A) In general.--The term ``fish habitat conservation 
     project'' means a project that--
       (i) is submitted to the Board by a Partnership and approved 
     by the Secretary under section 10006; and
       (ii) provides for the conservation or management of an 
     aquatic habitat.
       (B) Inclusions.--The term ``fish habitat conservation 
     project'' includes--
       (i) the provision of technical assistance to a State, 
     Indian tribe, or local community by the National Fish Habitat 
     Conservation Partnership Office or any other agency to 
     facilitate the development of strategies and priorities for 
     the conservation of aquatic habitats; and
       (ii) the obtaining of a real property interest in land or 
     water, including water rights, in accordance with terms and 
     conditions that ensure that the real property will be 
     administered for the long-term conservation of--

       (I) the land or water; and
       (II) the fish dependent on the land or water.

       (9) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (10) National fish habitat action plan.--The term 
     ``National Fish Habitat Action Plan'' means the National Fish 
     Habitat Action Plan dated April 24, 2006, and any subsequent 
     revisions or amendments to that plan.
       (11) Partnership.--The term ``Partnership'' means an entity 
     designated by the Board as a Fish Habitat Conservation 
     Partnership pursuant to section 10005(a).
       (12) Real property interest.--The term ``real property 
     interest'' means an ownership interest in--
       (A) land;
       (B) water (including water rights); or
       (C) a building or object that is permanently affixed to 
     land.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) State agency.--The term ``State agency'' means--
       (A) the fish and wildlife agency of a State;
       (B) any department or division of a department or agency of 
     a State that manages in the public trust the inland or marine 
     fishery resources or the habitat for those fishery resources 
     of the State pursuant to State law or the constitution of the 
     State; or
       (C) the fish and wildlife agency of the Commonwealth of 
     Puerto Rico, Guam, the United States Virgin Islands, or any 
     other territory or possession of the United States.

     SEC. 10004. NATIONAL FISH HABITAT BOARD.

       (a) Establishment.--

[[Page 22650]]

       (1) In general.--There is established a board, to be known 
     as the ``National Fish Habitat Board''--
       (A) to promote, oversee, and coordinate the implementation 
     of this subtitle and the National Fish Habitat Action Plan;
       (B) to establish national goals and priorities for aquatic 
     habitat conservation;
       (C) to designate Partnerships; and
       (D) to review and make recommendations regarding fish 
     habitat conservation projects.
       (2) Membership.--The Board shall be composed of 27 members, 
     of whom--
       (A) 1 shall be the Director;
       (B) 1 shall be the Assistant Administrator;
       (C) 1 shall be the Chief of the Natural Resources 
     Conservation Service;
       (D) 1 shall be the Chief of the Forest Service;
       (E) 1 shall be the Assistant Administrator for Water of the 
     Environmental Protection Agency;
       (F) 1 shall be the President of the Association of Fish and 
     Wildlife Agencies;
       (G) 1 shall be the Secretary of the Board of Directors of 
     the National Fish and Wildlife Foundation appointed pursuant 
     to section 3(g)(2)(B) of the National Fish and Wildlife 
     Foundation Establishment Act (16 U.S.C. 3702(g)(2)(B));
       (H) 4 shall be representatives of State agencies, 1 of whom 
     shall be nominated by a regional association of fish and 
     wildlife agencies from each of the Northeast, Southeast, 
     Midwest, and Western regions of the United States;
       (I) 1 shall be a representative of the American Fisheries 
     Society;
       (J) 2 shall be representatives of Indian tribes, of whom--
       (i) 1 shall represent Indian tribes from the State of 
     Alaska; and
       (ii) 1 shall represent Indian tribes from the other States;
       (K) 1 shall be a representative of the Regional Fishery 
     Management Councils established under section 302 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1852);
       (L) 1 shall be a representative of the Marine Fisheries 
     Commissions, which is composed of--
       (i) the Atlantic States Marine Fisheries Commission;
       (ii) the Gulf States Marine Fisheries Commission; and
       (iii) the Pacific States Marine Fisheries Commission;
       (M) 1 shall be a representative of the Sportfishing and 
     Boating Partnership Council; and
       (N) 10 shall be representatives selected from each of the 
     following groups:
       (i) The recreational sportfishing industry.
       (ii) The commercial fishing industry.
       (iii) Marine recreational anglers.
       (iv) Freshwater recreational anglers.
       (v) Terrestrial resource conservation organizations.
       (vi) Aquatic resource conservation organizations.
       (vii) The livestock and poultry production industry.
       (viii) The land development industry.
       (ix) The row crop industry.
       (x) Natural resource commodity interests, such as petroleum 
     or mineral extraction.
       (3) Compensation.--A member of the Board shall serve 
     without compensation.
       (4) Travel expenses.--A member of the Board 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 Board.
       (b) Appointment and Terms.--
       (1) In general.--Except as otherwise provided in this 
     subsection, a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) shall 
     serve for a term of 3 years.
       (2) Initial board membership.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the representatives of the board 
     established by the National Fish Habitat Action Plan shall 
     appoint the initial members of the Board described in 
     subparagraphs (H), (I), and (K) through (N) of subsection 
     (a)(2).
       (B) Tribal representatives.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall 
     provide to the board established by the National Fish Habitat 
     Action Plan a recommendation of not less than 4 tribal 
     representatives, from which that board shall appoint 2 
     representatives pursuant to subparagraph (J) of subsection 
     (a)(2).
       (3) Transitional terms.--Of the members described in 
     subsection (a)(2)(N) initially appointed to the Board--
       (A) 4 shall be appointed for a term of 1 year;
       (B) 4 shall be appointed for a term of 2 years; and
       (C) 2 shall be appointed for a term of 3 years.
       (4) Vacancies.--
       (A) In general.--A vacancy of a member of the Board 
     described in any of subparagraphs (H), (I), or (K) through 
     (N) of subsection (a)(2) shall be filled by an appointment 
     made by the remaining members of the Board.
       (B) Tribal representatives.--Following a vacancy of a 
     member of the Board described in subparagraph (J) of 
     subsection (a)(2), the Secretary shall recommend to the Board 
     not less than 4 tribal representatives, from which the 
     remaining members of the Board shall appoint a representative 
     to fill the vacancy.
       (5) Continuation of service.--An individual whose term of 
     service as a member of the Board expires may continue to 
     serve on the Board until a successor is appointed.
       (6) Removal.--If a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) misses 3 
     consecutive regularly scheduled Board meetings, the members 
     of the Board may--
       (A) vote to remove that member; and
       (B) appoint another individual in accordance with paragraph 
     (4).
       (c) Chairperson.--
       (1) In general.--The Board shall elect a member of the 
     Board to serve as Chairperson of the Board.
       (2) Term.--The Chairperson of the Board shall serve for a 
     term of 3 years.
       (d) Meetings.--
       (1) In general.--The Board shall meet--
       (A) at the call of the Chairperson; but
       (B) not less frequently than twice each calendar year.
       (2) Public access.--All meetings of the Board shall be open 
     to the public.
       (e) Procedures.--
       (1) In general.--The Board shall establish procedures to 
     carry out the business of the Board, including--
       (A) a requirement that a quorum of the members of the Board 
     be present to transact business;
       (B) a requirement that no recommendations may be adopted by 
     the Board, except by the vote of \2/3\ of all members present 
     and voting;
       (C) procedures for establishing national goals and 
     priorities for aquatic habitat conservation for the purposes 
     of this subtitle;
       (D) procedures for designating Partnerships under section 
     10005; and
       (E) procedures for reviewing, evaluating, and making 
     recommendations regarding fish habitat conservation projects.
       (2) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 10005. FISH HABITAT PARTNERSHIPS.

       (a) Authority To Designate.--The Board may designate Fish 
     Habitat Partnerships in accordance with this section.
       (b) Purposes.--The purposes of a Partnership shall be--
       (1) to coordinate the implementation of the National Fish 
     Habitat Action Plan at a regional level;
       (2) to identify strategic priorities for fish habitat 
     conservation;
       (3) to recommend to the Board fish habitat conservation 
     projects that address a strategic priority of the Board; and
       (4) to develop and carry out fish habitat conservation 
     projects.
       (c) Applications.--An entity seeking to be designated as a 
     Partnership shall submit to the Board an application at such 
     time, in such manner, and containing such information as the 
     Board may reasonably require.
       (d) Approval.--The Board may approve an application for a 
     Partnership submitted under subsection (c) if the Board 
     determines that the applicant--
       (1) includes representatives of a diverse group of public 
     and private partners, including Federal, State, or local 
     governments, nonprofit entities, Indian tribes, and private 
     individuals, that are focused on conservation of aquatic 
     habitats to achieve results across jurisdictional boundaries 
     on public and private land;
       (2) is organized to promote the health of important aquatic 
     habitats and distinct geographical areas, keystone fish 
     species, or system types, including reservoirs, natural 
     lakes, coastal and marine environments, and estuaries;
       (3) identifies strategic fish and aquatic habitat 
     priorities for the Partnership area in the form of 
     geographical focus areas or key stressors or impairments to 
     facilitate strategic planning and decisionmaking;
       (4) is able to address issues and priorities on a 
     nationally significant scale;
       (5) includes a governance structure that--
       (A) reflects the range of all partners; and
       (B) promotes joint strategic planning and decisionmaking by 
     the applicant;
       (6) demonstrates completion of, or significant progress 
     toward the development of, a strategic plan to address the 
     causes of system decline in fish populations, rather than 
     simply treating symptoms in accordance with the National Fish 
     Habitat Action Plan; and
       (7) ensures collaboration in developing a strategic vision 
     and implementation program that is scientifically sound and 
     achievable.

     SEC. 10006. FISH HABITAT CONSERVATION PROJECTS.

       (a) Submission to Board.--Not later than March 31 of each 
     calendar year, each Partnership shall submit to the Board a 
     list of fish habitat conservation projects recommended by the 
     Partnership for annual funding under this subtitle.
       (b) Recommendations by Board.--Not later than July 1 of 
     each calendar year, the Board shall submit to the Secretary a 
     description, including estimated costs, of each

[[Page 22651]]

     fish habitat conservation project that the Board recommends 
     that the Secretary approve and fund under this subtitle, in 
     order of priority, for the following fiscal year.
       (c) Considerations.--The Board shall select each fish 
     habitat conservation project to be recommended to the 
     Secretary under subsection (b)--
       (1) based on a recommendation of the Partnership that is, 
     or will be, participating actively in carrying out the fish 
     habitat conservation project; and
       (2) after taking into consideration--
       (A) the extent to which the fish habitat conservation 
     project fulfills a purpose of this subtitle or a goal of the 
     National Fish Habitat Action Plan;
       (B) the extent to which the fish habitat conservation 
     project addresses the national priorities established by the 
     Board;
       (C) the availability of sufficient non-Federal funds to 
     match Federal contributions for the fish habitat conservation 
     project, as required by subsection (e);
       (D) the extent to which the fish habitat conservation 
     project--
       (i) increases fishing opportunities for the public;
       (ii) will be carried out through a cooperative agreement 
     among Federal, State, and local governments, Indian tribes, 
     and private entities;
       (iii) increases public access to land or water;
       (iv) advances the conservation of fish and wildlife species 
     that are listed, or are candidates to be listed, as 
     threatened species or endangered species under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (v) where appropriate, advances the conservation of fish 
     and fish habitats under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) and 
     other relevant Federal law and State wildlife action plans; 
     and
       (vi) promotes resilience such that desired biological 
     communities are able to persist and adapt to environmental 
     stressors such as climate change; and
       (E) the substantiality of the character and design of the 
     fish habitat conservation project.
       (d) Limitations.--
       (1) Requirements for evaluation.--No fish habitat 
     conservation project may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     subtitle unless the fish habitat conservation project 
     includes an evaluation plan designed--
       (A) to appropriately assess the biological, ecological, or 
     other results of the habitat protection, restoration, or 
     enhancement activities carried out using the assistance;
       (B) to reflect appropriate changes to the fish habitat 
     conservation project if the assessment substantiates that the 
     fish habitat conservation project objectives are not being 
     met; and
       (C) to require the submission to the Board of a report 
     describing the findings of the assessment.
       (2) Acquisition of real property interests.--
       (A) In general.--No fish habitat conservation project that 
     will result in the acquisition by a State, local government, 
     or other non-Federal entity, in whole or in part, of any real 
     property interest may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     subtitle unless the project meets the requirements of 
     subparagraph (B).
       (B) Requirements.--
       (i) In general.--A real property interest may not be 
     acquired pursuant to a fish habitat conservation project by a 
     State, public agency, or other non-Federal entity unless the 
     State, agency, or other non-Federal entity is obligated to 
     undertake the management of the property being acquired in 
     accordance with the purposes of this subtitle.
       (ii) Additional conditions.--Any real property interest 
     acquired by a State, local government, or other non-Federal 
     entity pursuant to a fish habitat conservation project shall 
     be subject to terms and conditions that ensure that the 
     interest will be administered for the long-term conservation 
     and management of the aquatic ecosystem and the fish and 
     wildlife dependent on that ecosystem.
       (e) Non-Federal Contributions.--
       (1) In general.--Except as provided in paragraph (2), no 
     fish habitat conservation project may be recommended by the 
     Board under subsection (b) or provided financial assistance 
     under this subtitle unless at least 50 percent of the cost of 
     the fish habitat conservation project will be funded with 
     non-Federal funds.
       (2) Projects on federal land or water.--Federal funds may 
     be used for payment of 100 percent of the costs of a fish 
     habitat conservation project carried out on Federal land or 
     water, including the acquisition of inholdings within such 
     land or water.
       (3) Non-federal share.--The non-Federal share of the cost 
     of a fish habitat conservation project--
       (A) may not be derived from a Federal grant program; but
       (B) may include in-kind contributions and cash.
       (4) Special rule for indian tribes.--Notwithstanding 
     paragraph (1) or any other provision of law, any funds made 
     available to an Indian tribe pursuant to this subtitle may be 
     considered to be non-Federal funds for the purpose of 
     paragraph (1).
       (f) Approval.--
       (1) In general.--Not later than 180 days after the date of 
     receipt of the recommendations of the Board for fish habitat 
     conservation projects under subsection (b), and based, to the 
     maximum extent practicable, on the criteria described in 
     subsection (c)--
       (A) the Secretary shall approve, reject, or reorder the 
     priority of any fish habitat conservation project recommended 
     by the Board that is not within a marine or estuarine 
     habitat; and
       (B) the Secretary and the Secretary of Commerce shall 
     jointly approve, reject, or reorder the priority of any fish 
     habitat conservation project recommended by the Board that is 
     within a marine or estuarine habitat.
       (2) Funding.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, approves a fish habitat 
     conservation project under paragraph (1), the Secretary, or 
     the Secretary and the Secretary of Commerce jointly, shall 
     use amounts made available to carry out this subtitle to 
     provide funds to carry out the fish habitat conservation 
     project.
       (3) Notification.--If the Secretary, or the Secretary and 
     the Secretary of Commerce jointly, rejects or reorders the 
     priority of any fish habitat conservation project recommended 
     by the Board under subsection (b), the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, shall 
     provide to the Board and the appropriate Partnership a 
     written statement of the reasons that the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, rejected or 
     modified the priority of the fish habitat conservation 
     project.
       (4) Limitation.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, has not approved, rejected, or 
     reordered the priority of the recommendations of the Board 
     for fish habitat conservation projects by the date that is 
     180 days after the date of receipt of the recommendations, 
     the recommendations shall be considered to be approved.

     SEC. 10007. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP 
                   OFFICE.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish an 
     office, to be known as the ``National Fish Habitat 
     Conservation Partnership Office'', within the United States 
     Fish and Wildlife Service.
       (b) Functions.--The National Fish Habitat Conservation 
     Partnership Office shall--
       (1) provide funding for the operational needs of the 
     Partnerships, including funding for activities such as 
     planning, project development and implementation, 
     coordination, monitoring, evaluation, communication, and 
     outreach;
       (2) provide funding to support the detail of State and 
     tribal fish and wildlife staff to the Office;
       (3) facilitate the cooperative development and approval of 
     Partnerships;
       (4) assist the Secretary and the Board in carrying out this 
     subtitle;
       (5) assist the Secretary in carrying out sections 1008 and 
     1010;
       (6) facilitate communication, cohesiveness, and efficient 
     operations for the benefit of Partnerships and the Board;
       (7) facilitate, with assistance from the Director, the 
     Assistant Administrator, and the President of the Association 
     of Fish and Wildlife Agencies, the consideration of fish 
     habitat conservation projects by the Board;
       (8) provide support to the Director regarding the 
     development and implementation of the interagency operational 
     plan under subsection (c);
       (9) coordinate technical and scientific reporting as 
     required by section 10011;
       (10) facilitate the efficient use of resources and 
     activities of Federal departments and agencies to carry out 
     this subtitle in an efficient manner; and
       (11) provide support to the Board for national 
     communication and outreach efforts that promote public 
     awareness of fish habitat conservation.
       (c) Interagency Operational Plan.--Not later than 1 year 
     after the date of enactment of this Act, and every 5 years 
     thereafter, the Director, in cooperation with the Assistant 
     Administrator and the heads of other appropriate Federal 
     departments and agencies, shall develop an interagency 
     operational plan for the National Fish Habitat Conservation 
     Partnership Office that describes--
       (1) the functional, operational, technical, scientific, and 
     general staff, administrative, and material needs of the 
     Office; and
       (2) any interagency agreements between or among Federal 
     departments and agencies to address those needs.
       (d) Staff and Support.--
       (1) Departments of interior and commerce.--The Director and 
     the Assistant Administrator shall each provide appropriate 
     staff to support the National Fish Habitat Conservation 
     Partnership Office, subject to the availability of funds 
     under section 10015.
       (2) States and indian tribes.--Each State and Indian tribe 
     is encouraged to provide staff to support the National Fish 
     Habitat Conservation Partnership Office.

[[Page 22652]]

       (3) Detailees and contractors.--The National Fish Habitat 
     Conservation Partnership Office may accept staff or other 
     administrative support from other entities--
       (A) through interagency details; or
       (B) as contractors.
       (4) Qualifications.--The staff of the National Fish Habitat 
     Conservation Partnership Office shall include members with 
     education and experience relating to the principles of fish, 
     wildlife, and aquatic habitat conservation.
       (5) Waiver of requirement.--The Secretary may waive all or 
     part of the non-Federal contribution requirement under 
     section 10006(e)(1) if the Secretary determines that--
       (A) no reasonable means are available through which the 
     affected applicant can meet the requirement; and
       (B) the probable benefit of the relevant fish habitat 
     conservation project outweighs the public interest in meeting 
     the requirement.
       (e) Reports.--Not less frequently than once each year, the 
     Director shall provide to the Board a report describing the 
     activities of the National Fish Habitat Conservation 
     Partnership Office.

     SEC. 10008. TECHNICAL AND SCIENTIFIC ASSISTANCE.

       (a) In General.--The Director, the Assistant Administrator, 
     and the Director of the United States Geological Survey, in 
     coordination with the Forest Service and other appropriate 
     Federal departments and agencies, shall provide scientific 
     and technical assistance to the Partnerships, participants in 
     fish habitat conservation projects, and the Board.
       (b) Inclusions.--Scientific and technical assistance 
     provided pursuant to subsection (a) may include--
       (1) providing technical and scientific assistance to 
     States, Indian tribes, regions, local communities, and 
     nongovernmental organizations in the development and 
     implementation of Partnerships;
       (2) providing technical and scientific assistance to 
     Partnerships for habitat assessment, strategic planning, and 
     prioritization;
       (3) supporting the development and implementation of fish 
     habitat conservation projects that are identified as high 
     priorities by Partnerships and the Board;
       (4) supporting and providing recommendations regarding the 
     development of science-based monitoring and assessment 
     approaches for implementation through Partnerships;
       (5) supporting and providing recommendations for a national 
     fish habitat assessment; and
       (6) ensuring the availability of experts to conduct 
     scientifically based evaluation and reporting of the results 
     of fish habitat conservation projects.

     SEC. 10009. CONSERVATION OF AQUATIC HABITAT FOR FISH AND 
                   OTHER AQUATIC ORGANISMS ON FEDERAL LAND.

       To the extent consistent with the mission and authority of 
     the applicable department or agency, the head of each Federal 
     department and agency responsible for acquiring, managing, or 
     disposing of Federal land or water shall cooperate with the 
     Assistant Administrator and the Director to conserve the 
     aquatic habitats for fish and other aquatic organisms within 
     the land and water under the jurisdiction of the department 
     or agency.

     SEC. 10010. COORDINATION WITH STATES AND INDIAN TRIBES.

       The Secretary shall provide notice to, and coordinate with, 
     the appropriate State agency or tribal agency, as applicable, 
     of each State and Indian tribe within the boundaries of which 
     an activity is planned to be carried out pursuant to this 
     subtitle by not later than 30 days before the date on which 
     the activity is implemented.

     SEC. 10011. ACCOUNTABILITY AND REPORTING.

       (a) Implementation Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Board shall submit to the appropriate congressional 
     committees a report describing the implementation of--
       (A) this subtitle; and
       (B) the National Fish Habitat Action Plan.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the number of acres, stream miles, or 
     acre-feet (or other suitable measure) of aquatic habitat that 
     was protected, restored, or enhanced under the National Fish 
     Habitat Action Plan by Federal, State, or local governments, 
     Indian tribes, or other entities in the United States during 
     the 2-year period ending on the date of submission of the 
     report;
       (B) a description of the public access to aquatic habitats 
     protected, restored, or established under the National Fish 
     Habitat Action Plan during that 2-year period;
       (C) a description of the opportunities for public fishing 
     established under the National Fish Habitat Action Plan 
     during that period; and
       (D) an assessment of the status of fish habitat 
     conservation projects carried out with funds provided under 
     this subtitle during that period, disaggregated by year, 
     including--
       (i) a description of the fish habitat conservation projects 
     recommended by the Board under section 10006(b);
       (ii) a description of each fish habitat conservation 
     project approved by the Secretary under section 10006(f), in 
     order of priority for funding;
       (iii) a justification for--

       (I) the approval of each fish habitat conservation project; 
     and
       (II) the order of priority for funding of each fish habitat 
     conservation project;

       (iv) a justification for any rejection or reordering of the 
     priority of each fish habitat conservation project 
     recommended by the Board under section 10006(b) that was 
     based on a factor other than the criteria described in 
     section 10006(c); and
       (v) an accounting of expenditures by Federal, State, or 
     local governments, Indian tribes, or other entities to carry 
     out fish habitat conservation projects.
       (b) Status and Trends Report.--Not later than December 31, 
     2010, and every 5 years thereafter, the Board shall submit to 
     the appropriate congressional committees a report describing 
     the status of aquatic habitats in the United States.
       (c) Revisions.--Not later than December 31, 2011, and every 
     5 years thereafter, the Board shall revise the goals and 
     other elements of the National Fish Habitat Action Plan, 
     after consideration of each report required by subsection 
     (b).

     SEC. 10012. REGULATIONS.

       The Secretary may promulgate such regulations as the 
     Secretary determines to be necessary to carry out this 
     subtitle.

     SEC. 10013. EFFECT OF SUBTITLE.

       (a) Water Rights.--Nothing in this subtitle--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act; or
       (3) affects any Federal or State law in existence on the 
     date of enactment of the Act regarding water quality or water 
     quantity.
       (b) State Authority.--Nothing in this subtitle--
       (1) affects the authority, jurisdiction, or responsibility 
     of a State to manage, control, or regulate fish and wildlife 
     under the laws and regulations of the State; or
       (2) authorizes the Secretary to control or regulate within 
     a State the fishing or hunting of fish and wildlife.
       (c) Effect on Indian Tribes.--Nothing in this subtitle 
     abrogates, abridges, affects, modifies, supersedes, or alters 
     any right of an Indian tribe recognized by treaty or any 
     other means, including--
       (1) an agreement between the Indian tribe and the United 
     States;
       (2) Federal law (including regulations);
       (3) an Executive order; or
       (4) a judicial decree.
       (d) Adjudication of Water Rights.--Nothing in this subtitle 
     diminishes or affects the ability of the Secretary to join an 
     adjudication of rights to the use of water pursuant to 
     subsection (a), (b), or (c) of section 208 of the Department 
     of Justice Appropriation Act, 1953 (43 U.S.C. 666).
       (e) Effect on Other Authorities.--
       (1) Acquisition of land and water.--Nothing in this 
     subtitle alters or otherwise affects the authorities, 
     responsibilities, obligations, or powers of the Secretary to 
     acquire land, water, or an interest in land or water under 
     any other provision of law.
       (2) Private property protection.--Nothing in this subtitle 
     permits the use of funds made available to carry out this 
     subtitle to acquire real property or a real property interest 
     without the written consent of each owner of the real 
     property or real property interest.
       (3) Mitigation.--Nothing in this subtitle permits the use 
     of funds made available to carry out this subtitle for fish 
     and wildlife mitigation purposes under--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4082); or
       (D) any other Federal law or court settlement.

     SEC. 10014. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to--
       (1) the Board; or
       (2) any Partnership.

     SEC. 10015. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Fish habitat conservation projects.--There is 
     authorized to be appropriated to the Secretary to provide 
     funds for fish habitat conservation projects approved under 
     section 10006(f) $75,000,000 for each of fiscal years 2012 
     through 2016, of which 5 percent shall be made available for 
     each fiscal year for projects carried out by Indian tribes.
       (2) National fish habitat conservation partnership 
     office.--
       (A) In general.--There is authorized to be appropriated to 
     the Secretary for each of fiscal years 2012 through 2016 for 
     the National Fish Habitat Conservation Partnership Office, 
     and to carry out section 10011, an amount equal to the 
     greater of--
       (i) $3,000,000; and
       (ii) 25 percent of the amount appropriated for the 
     applicable fiscal year pursuant to paragraph (1).

[[Page 22653]]

       (B) Required transfers.--The Secretary shall annually 
     transfer to other Federal departments and agencies such 
     percentage of the amounts made available pursuant to 
     subparagraph (A) as is required to support participation by 
     those departments and agencies in the National Fish Habitat 
     Conservation Partnership Office pursuant to the interagency 
     operational plan under section 10007(c).
       (3) Technical and scientific assistance.--There are 
     authorized to be appropriated for each of fiscal years 2012 
     through 2016 to carry out, and provide technical and 
     scientific assistance under, section 10008--
       (A) $10,000,000 to the Secretary for use by the United 
     States Fish and Wildlife Service;
       (B) $10,000,000 to the Assistant Administrator for use by 
     the National Oceanic and Atmospheric Administration; and
       (C) $10,000,000 to the Secretary for use by the United 
     States Geological Survey.
       (4) Planning and administrative expenses.--There is 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2012 through 2016 for use by the Board, the 
     Director, and the Assistant Administrator for planning and 
     administrative expenses an amount equal to the greater of--
       (A) $300,000; and
       (B) 4 percent of the amount appropriated for the applicable 
     fiscal year pursuant to paragraph (1).
       (b) Agreements and Grants.--The Secretary may--
       (1) on the recommendation of the Board, and notwithstanding 
     sections 6304 and 6305 of title 31, United States Code, and 
     the Federal Financial Assistance Management Improvement Act 
     of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into 
     a grant agreement, cooperative agreement, or contract with a 
     Partnership or other entity for a fish habitat conservation 
     project or restoration or enhancement project;
       (2) apply for, accept, and use a grant from any individual 
     or entity to carry out the purposes of this subtitle; and
       (3) make funds available to any Federal department or 
     agency for use by that department or agency to provide grants 
     for any fish habitat protection project, restoration project, 
     or enhancement project that the Secretary determines to be 
     consistent with this subtitle.
       (c) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 
     that is exempt from taxation under section 501(a) of that 
     Code to solicit private donations to carry out the purposes 
     of this subtitle; and
       (B) accept donations of funds, property, and services to 
     carry out the purposes of this subtitle.
       (2) Treatment.--A donation accepted under this section--
       (A) shall be considered to be a gift or bequest to, or 
     otherwise for the use of, the United States; and
       (B) may be--
       (i) used directly by the Secretary; or
       (ii) provided to another Federal department or agency 
     through an interagency agreement.

         Subtitle B--Marine Turtle Conservation Reauthorization

     SEC. 10011. SHORT TITLE.

       This subtitle may be cited as the ``Marine Turtle 
     Conservation Reauthorization Act of 2010''.

     SEC. 10012. AMENDMENTS TO PROVISIONS PREVENTING FUNDING OF 
                   PROJECTS IN THE UNITED STATES.

       (a) Purpose.--Section 2(b) of the Marine Turtle 
     Conservation Act of 2004 (16 U.S.C. 6601(b)) is amended by 
     striking ``in foreign countries''.
       (b) Definitions.--Section 3 of the Marine Turtle 
     Conservation Act of 2004 (16 U.S.C. 6602) is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``in foreign countries''; and
       (B) in subparagraph (D), by striking ``of foreign 
     countries''; and
       (2) by adding at the end the following:
       ``(7) State.--The term `State' means--
       ``(A) each of the several States of the United States;
       ``(B) the District of Columbia;
       ``(C) the Commonwealth of Puerto Rico;
       ``(D) Guam;
       ``(E) American Samoa;
       ``(F) the Commonwealth of the Northern Mariana Islands;
       ``(G) the United States Virgin Islands;
       ``(H) any other territory or possession of the United 
     States; and
       ``(I) any Indian tribe.''.
       (c) Marine Turtle Conservation Assistance.--Section 4 of 
     the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6603) 
     is amended--
       (1) in subsection (b)(1)(A), by inserting ``State or'' 
     before ``foreign country''; and
       (2) in subsection (d), by striking ``in foreign 
     countries''.

     SEC. 10013. LIMITATIONS ON EXPENDITURES.

       Section 5(b) of the Marine Turtle Conservation Act of 2004 
     (16 U.S.C. 6604(b)) is amended--
       (1) in paragraph (2), by striking ``$80,000'' and inserting 
     ``$150,000''; and
       (2) by adding at the end the following:
       ``(3) Limitation on projects in the united states.--Not 
     more than 20 percent of the amounts made available from the 
     Fund for any fiscal year may be used for projects relating to 
     the conservation of marine turtles in the United States.''.

     SEC. 10014. REAUTHORIZATION OF THE MARINE TURTLE CONSERVATION 
                   ACT OF 2004.

       Section 7 of the Marine Turtle Conservation Act of 2004 (16 
     U. S. C. 6606) is amended by striking ``$5,000,000 for each 
     of fiscal years 2005 through 2009'' and inserting 
     ``$4,000,000 for each of fiscal years 2012 through 2016''.

       Subtitle C--Neotropical Bird Conservation Reauthorization

     SEC. 10021. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD 
                   CONSERVATION ACT.

       Section 10 of the Neotropical Migratory Bird Conservation 
     Act (16 U.S.C. 6109) is amended to read as follows:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this Act, to remain available until expended--
       ``(1) $6,500,000 for fiscal year 2012;
       ``(2) $7,000,000 for fiscal year 2013;
       ``(3) $8,000,000 for fiscal year 2014;
       ``(4) $9,000,000 for fiscal year 2015; and
       ``(5) $10,000,000 for fiscal year 2016.
       ``(b) Use of Funds.--Of the amounts made available under 
     subsection (a) for each fiscal year, not less than 75 percent 
     shall be expended for projects carried out at a location 
     outside of the United States.''.

              Subtitle D--Joint Ventures for Bird Habitat

     SEC. 10031. SHORT TITLE.

       This subtitle may be cited as the ``Joint Ventures for Bird 
     Habitat Conservation Act of 2010''.

     SEC. 10032. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) migratory birds are of great ecological and economic 
     value to the Nation, contributing to biological diversity, 
     advancing the well-being of human communities through 
     pollination, seed dispersal, and other ecosystem services, 
     and bringing tremendous enjoyment to the tens of millions of 
     Americans who study, watch, feed, or hunt these birds;
       (2) sustainable populations of migratory birds depend on 
     the conservation, protection, restoration, and enhancement of 
     terrestrial, wetland, marine, and other aquatic habitats 
     throughout their ranges in the United States, as well as the 
     rest of North America, the Caribbean, and Central and South 
     America;
       (3) birds are good indicators of environmental health and 
     provide early warning of the impacts of environmental change, 
     helping to yield the most out of every dollar invested in 
     conservation;
       (4) human and environmental stressors are causing the 
     decline of populations of many migratory bird species, many 
     of them once common, and climate change will exacerbate the 
     impacts of these stressors on migratory bird populations;
       (5) the coordination of Federal, State, tribal, and local 
     government natural resource conservation efforts and the 
     formation of partnerships that include a diversity of 
     nongovernmental conservation organizations, private 
     landowners, and other relevant stakeholders is necessary to 
     accomplish the conservation of migratory bird populations, 
     their habitats, and the ecosystem functions they rely on;
       (6) hunters, through their purchase of Federal migratory 
     bird hunting stamps and State hunting licenses, have long 
     supported the conservation of migratory birds and their 
     habitats in the United States through the various State and 
     Federal programs that are supported by the fees charged for 
     such purchases;
       (7) the Department of the Interior, through the United 
     States Fish and Wildlife Service, is authorized under a 
     number of broad statutes to undertake many activities with 
     partners to conserve natural resources, including migratory 
     birds and their habitat;
       (8) through these authorities, the Service has created and 
     supported a number of joint ventures with diverse partners to 
     help protect, manage, enhance, and restore migratory bird 
     habitat throughout much of the United States and to conserve 
     migratory bird species;
       (9) the North American Waterfowl Management Plan, adopted 
     by the United States and Canada in 1986, with Mexico joining 
     as a signatory in 1994, was the first truly landscape-level 
     approach to conserving migratory game birds and the wetland 
     habitats on which they depend, and became the foundation for 
     the voluntary formation of Joint Ventures;
       (10) since the adoption of the North American Waterfowl 
     Management Plan, joint ventures have expanded their 
     application to all native birds and other wildlife species 
     that depend on wetlands and associated upland habitats, 
     resulting in significant conservation benefits over the last 
     20 years;
       (11) States possess broad trustee and management authority 
     over fish and wildlife resources within their borders, and 
     have used their authorities to undertake conservation 
     programs to conserve resident and migratory birds and their 
     habitats;
       (12) consistent with applicable Federal and State laws, the 
     Federal Government and the

[[Page 22654]]

     States each have management responsibilities affecting fish 
     and wildlife resources, and should work cooperatively in 
     fulfilling these responsibilities;
       (13) other domestic and international conservation projects 
     authorized under the Neotropical Migratory Bird Conservation 
     Act (16 U.S.C. 6101 et seq.) and the North American Wetlands 
     Conservation Act (16 U.S.C. 4401 et seq.), and additional 
     bird conservation projects authorized under other Federal 
     authorities, can expand and increase the effectiveness of the 
     joint ventures in protecting and enhancing migratory bird 
     habitats throughout the different ranges of species native to 
     the United States; and
       (14) the voluntary partnerships fostered by these joint 
     ventures have served as innovative models for cooperative and 
     effective landscape conservation, with far-reaching benefits 
     to other fish and wildlife populations, and similar joint 
     ventures should be authorized specifically to reinforce the 
     importance and multiple benefits of these models to encourage 
     adaptive resource management and the implementation of 
     flexible conservation strategies in the 21st century.
       (b) Purpose.--The purpose of this subtitle is to establish 
     a program administered by the Director, in coordination with 
     other Federal agencies with management authority over fish 
     and wildlife resources and the States, to develop, implement, 
     and support innovative, voluntary, cooperative, and effective 
     conservation strategies and conservation actions to--
       (1) promote, primarily, sustainable populations of 
     migratory birds, and, secondarily, the fish and wildlife 
     species associated with their habitats;
       (2) encourage stakeholder and government partnerships 
     consistent with the goals of protecting, improving, and 
     restoring habitat;
       (3) establish, implement, and improve science-based 
     migratory bird conservation plans and promote and facilitate 
     broader landscape-level conservation of fish and wildlife 
     habitat; and
       (4) coordinate related conservation activities of the 
     Service and other Federal agencies to maximize the efficient 
     and effective use of funds appropriated or otherwise made 
     available to support projects and activities to enhance bird 
     populations and other populations of fish and wildlife and 
     their habitats.

     SEC. 10033. DEFINITIONS.

       In this subtitle:
       (1)
     Conservation action.--The term ``conservation action'' means 
     activities that--
       (A) support the protection, restoration, adaptive 
     management, conservation, or enhancement of migratory bird 
     populations, their terrestrial, wetland, marine, or other 
     habitats, and other wildlife species supported by those 
     habitats, including--
       (i) biological and geospatial planning;
       (ii) landscape and conservation design;
       (iii) habitat protection, enhancement, and restoration;
       (iv) monitoring and tracking;
       (v) applied research; and
       (vi) public outreach and education;
       (B) are conducted on lands or waters that--
       (i) are administered for the long-term conservation of such 
     lands or waters and the migratory birds thereon, including 
     the marine environment; or
       (ii) are not primarily held or managed for conservation but 
     provide habitat value for migratory birds; and
       (C) incorporate adaptive management and science-based 
     monitoring, where applicable, to improve outcomes and ensure 
     efficient and effective use of Federal funds.
       (2) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (3) Implementation plan.--The term ``Implementation Plan'' 
     means an Implementation Plan approved by the Director under 
     section 10035.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (5) Joint venture.--The term ``Joint Venture'' means a 
     self-directed, voluntary partnership, established and 
     conducted in accordance with section 10035.
       (6) Management board.--The term ``Management Board'' means 
     a Joint Venture Management Board established in accordance 
     with section 10035.
       (7) Migratory birds.--The term ``migratory birds'' means 
     those species included in the list of migratory birds that 
     appears in section 10.13 of title 50, Code of Federal 
     Regulations, under the authority of the Migratory Bird Treaty 
     Act.
       (8) Program.--The term ``Program'' means the Joint Ventures 
     Program conducted in accordance with this subtitle.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Service.--The term ``Service'' means the United States 
     Fish and Wildlife Service.
       (11) State.--The term ``State'' means--
       (A) any State of the United States, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
     Islands, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands; and
       (B) one or more agencies of a State government responsible 
     under State law for managing fish or wildlife resources.

     SEC. 10034. JOINT VENTURES PROGRAM.

       (a) In General.--The Secretary shall conduct, through the 
     United States Fish and Wildlife Service, a Joint Ventures 
     Program administered by the Director. The Director, through 
     the Program, shall develop an administrative framework for 
     the approval and establishment and implementation of Joint 
     Ventures, that--
       (1) provides financial and technical assistance to support 
     regional migratory bird conservation partnerships;
       (2) develops and implements plans to protect and enhance 
     migratory bird populations throughout their range, that are 
     focused on regional landscapes and habitats that support 
     those populations;
       (3) complements and supports activities by the Secretary 
     and the Director to fulfill obligations under--
       (A) the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.);
       (B) the Migratory Bird Conservation Act (16 U.S.C. 715 et 
     seq.);
       (C) the Neotropical Migratory Bird Conservation Act (16 
     U.S.C. 6101 et seq.);
       (D) the North American Wetlands Conservation Act (16 U.S.C. 
     4401 et seq.);
       (E) the Fish and Wildlife Conservation Act of 1980 (16 
     U.S.C. 2901 et seq.); and
       (F) the Partners for Fish and Wildlife Act (16 U.S.C. 3771 
     et seq.); and
       (4) support the goals and objectives of--
       (A) the North American Waterfowl Management Plan;
       (B) the United States Shorebird Conservation Plan;
       (C) the North American Waterbird Conservation Plan;
       (D) the Partners in Flight North American Landbird 
     Conservation Plan; and
       (E) other treaties, conventions, agreements, or strategies 
     entered into by the United States and implemented by the 
     Secretary that promote the conservation of migratory bird 
     populations and their habitats.
       (b) Guidelines.--Within 180 days after the date of 
     enactment of this Act the Secretary, through the Director, 
     shall publish in the Federal Register guidelines for the 
     implementation of this subtitle, including regarding 
     requirements for approval of proposed Joint Ventures and 
     administration, oversight, coordination among, and evaluation 
     of approved Joint Ventures.
       (c) Coordination With States.--In the administration of the 
     program authorized under this section, the Director shall 
     coordinate and cooperate with the States to fulfill the 
     purposes of this subtitle.

     SEC. 10035. JOINT VENTURE ESTABLISHMENT AND ADMINISTRATION.

       (a) Establishment.--
       (1) In general.--The Director, through the Program, may 
     enter into an agreement with eligible partners described in 
     paragraph (2) to establish a Joint Venture to fulfill one or 
     more of the purposes set forth in paragraphs (1) through (3) 
     of section 10032(b).
       (2) Eligible partners.--The eligible partners referred to 
     in paragraph (1) are the following:
       (A) Federal and State agencies with jurisdiction over 
     migratory bird resources, their habitats, or that implement 
     program activities that affect migratory bird habitats or the 
     ecosystems they rely on.
       (B) Affected regional, local, and tribal governments, 
     private landowners, land managers, and other private 
     stakeholders.
       (C) Nongovernmental organizations with expertise in bird 
     conservation or fish and wildlife conservation or natural 
     resource and landscape management generally.
       (D) Other relevant stakeholders.
       (b) Management Board.--
       (1) In general.--An agreement under this section for a 
     Joint Venture shall establish a Management Board in 
     accordance with this subsection.
       (2) Membership.--The Management Board shall include a 
     diversity of members representing stakeholder interests from 
     the appropriate geographic region, including, as appropriate, 
     representatives from the Service and other Federal agencies 
     that have management authority over fish and wildlife 
     resources on public lands or in the marine environment, or 
     that implement programs that affect migratory bird habitats, 
     and representatives from the States, and may include--
       (A) regional governments and Indian tribes;
       (B) academia or the scientific community;
       (C) nongovernmental landowners or land managers;
       (D) nonprofit conservation or other relevant organizations 
     with expertise in migratory bird conservation, or in fish and 
     wildlife conservation generally; and
       (E) private organizations with a dedicated interest in 
     conserving migratory birds and their habitats.
       (3) Functions and responsibilities.--
       (A) Organization and operations plan.--A Management Board, 
     in accordance with the guidelines published by the Director 
     under section 10034 and in coordination with the Director, 
     shall develop, publish, and comply with a plan that specifies 
     the organizational structure of the Joint Venture and 
     prescribes its operational practices and procedures.
       (B) Administration.--Subject to applicable Federal and 
     State law, the Management

[[Page 22655]]

     Board shall manage the personnel and operations of the Joint 
     Venture, including--
       (i) by appointing a coordinator for the Joint Venture in 
     consultation with the Director, to manage the daily and long-
     term operations of the Joint Venture;
       (ii) approval of other full- or part-time administrative 
     and technical non-Federal employees as the Management Board 
     determines necessary to perform the functions of the Joint 
     Venture, meet objectives specified in the Implementation 
     Plan, and fulfill the purpose of this subtitle; and
       (iii) establishment of committees, steering groups, focus 
     groups, geographic or taxonomic groups, or other 
     organizational entities to assist in implementing the 
     relevant Implementation Plan.
       (4) Use of service and federal agency employees.--Subject 
     to the availability of appropriations and upon the request 
     from a Management Board, and after consultation with and 
     approval of the Director, the head of any Federal agency may 
     detail to the Management Board, on a reimbursable or 
     nonreimbursable basis, any agency personnel to assist the 
     Joint Venture in performing its functions under this 
     subtitle.
       (c) Implementation Plan.--
       (1) Submission of plan to director.--Before the Director 
     enters into an agreement to establish a Joint Venture under 
     subsection (a), the Management Board for the Joint Venture 
     shall submit to the Director a proposed Implementation Plan 
     that shall contain, at a minimum, the following elements:
       (A) A strategic framework for migratory bird conservation 
     that includes biological planning; conservation design; 
     habitat restoration, protection, and enhancement; applied 
     research; and monitoring and evaluation activities.
       (B) Provisions for effective communication among member 
     participants within the Joint Venture.
       (C) A long-term strategy to conduct public outreach and 
     education regarding the purposes and activities of the Joint 
     Venture and activities to regularly communicate to the 
     general public information generated by the Joint Venture.
       (D) Coordination with laws and conservation plans referred 
     to in section 10034(a)(3) and (4) that are relevant to 
     migratory birds, and other relevant regional, national, or 
     international initiatives identified by the Director to 
     conserve migratory birds, their habitats, ecological 
     functions, and associated populations of fish and wildlife.
       (E) An organizational plan that--
       (i) identifies the initial membership of the Management 
     Board and establishes procedures for updating the membership 
     of the Management Board as appropriate;
       (ii) describes the organizational structure of the Joint 
     Venture, including proposed committees and subcommittees, and 
     procedures for revising and updating the structure, as 
     necessary; and
       (iii) provides a strategy to increase stakeholder 
     participation or membership in the Joint Venture.
       (F) Procedures to coordinate the development, 
     implementation, oversight, monitoring, tracking, and 
     reporting of conservation actions approved by the Management 
     Board and an evaluation process to determine overall 
     effectiveness of activities undertaken by the Joint Venture.
       (G) A strategy to encourage the contribution of non-Federal 
     financial resources, donations, gifts and in-kind 
     contributions to support the objectives of the Joint Venture 
     and fulfillment of the Implementation Plan.
       (2) Review.--The Director shall--
       (A) coordinate the review of a proposed Implementation Plan 
     submitted under this section; and
       (B) ensure that such plan is circulated for review for a 
     period not to exceed 90 days, to--
       (i) bureaus within the Service and other appropriate 
     bureaus or agencies within the Department of the Interior;
       (ii) appropriate regional migratory bird Flyway Councils;
       (iii) national and international boards that oversee bird 
     conservation initiatives under the plans specified in section 
     10034(a)(4);
       (iv) relevant State agencies, regional governmental 
     entities, and Indian tribes;
       (v) nongovernmental conservation organizations, academic 
     institutions, or other stakeholders engaged in existing Joint 
     Ventures that have knowledge or expertise of the geographic 
     or ecological scope of the Joint Venture; and
       (vi) other relevant stakeholders considered necessary by 
     the Director to ensure a comprehensive review of the proposed 
     Implementation Plan.
       (3) Approval.--The Director shall approve an Implementation 
     Plan submitted by the Management Board for a Joint Venture if 
     the Director finds that--
       (A) the plan provides for implementation of conservation 
     actions to conserve waterfowl and other native migratory 
     birds and their habitats and ecosystems either--
       (i) in a specific geographic area of the United States; or
       (ii) across the range of a specific species or similar 
     group of like species;
       (B) the members of the Joint Venture--
       (i) accept the responsibility for implementation of 
     national or international bird conservation plans in the 
     region of the United States to which the plan applies; and
       (ii) have demonstrated to the satisfaction of the Director 
     the capacity to implement conservation actions identified in 
     the plan, including (I) the design, funding, monitoring, and 
     tracking of conservation projects that advance the objectives 
     of the Joint Venture; and (II) reporting and conduct of 
     public outreach regarding such projects; and
       (C) the plan maximizes, to the extent practicable, 
     coordination with other relevant and active conservation 
     plans or programs within the geographic scope of the Joint 
     Venture to conserve, protect, recover, or restore migratory 
     bird habitats and other fish and wildlife habitat within the 
     operating region of the Joint Venture.

     SEC. 10036. GRANTS AND OTHER ASSISTANCE.

       (a) In General.--Except as provided in subsection (b), and 
     subject to the availability of appropriations, the Director 
     may award grants of financial assistance to implement a Joint 
     Venture through--
       (1) support of the activities of the Management Board of 
     the Joint Venture and to pay for necessary administrative 
     costs and services, personnel, and meetings, travel, and 
     other business activities; and
       (2) support for specific conservation actions and other 
     activities necessary to carry out the Implementation Plan.
       (b) Limitation.--A Joint Venture is not eligible for 
     assistance or support authorized in this section unless the 
     Joint Venture is operating under an Implementation Plan 
     approved by the Director under section 10035.
       (c) Conservation Action Grant Criteria.--The Secretary, 
     through the Director, within 180 days after date of enactment 
     of this Act and after consultation with representatives from 
     Management Boards and equivalent entities of joint ventures 
     referred to in section 10038, shall publish guidelines for 
     determining funding allocations among joint ventures and 
     priorities for funding among conservation action proposals to 
     meet the purpose of this subtitle and respective 
     Implementation Plans.
       (d) Matching Requirements.--If a Management Board 
     determines that two or more proposed conservation actions are 
     of equal value toward fulfillment of the relevant 
     Implementation Plan, priority shall be given to the action or 
     actions for which there exist non-Federal matching 
     contributions that are equal to or exceed the amount of 
     Federal funds available for such action or actions.
       (e) Technical Assistance.--The Secretary, through the 
     Director, may provide technical and administrative assistance 
     for implementation of Joint Ventures and the expenditure of 
     financial assistance under this subsection.
       (f) Acceptance and Use of Donations.--The Secretary, 
     through the Director, may accept and use donations of funds, 
     gifts, and in-kind contributions to provide assistance under 
     this section.

     SEC. 10037. REPORTING REQUIREMENTS.

       (a) Annual Reports by Management Boards.--
       (1) In general.--The Secretary, acting through the 
     Director, shall--
       (A) require each Management Board to submit annual reports 
     for all approved Joint Ventures of the Management Board; and
       (B) publish within 180 days after the date of enactment of 
     this Act guidelines to implement this subsection.
       (2) Contents.--Each annual report shall include--
       (A) a description and justification of all conservation 
     actions approved and implemented by the Management Board 
     during the period covered by the report;
       (B) when appropriate based upon the goals and objectives of 
     an Implementation Plan, an estimate of the total number of 
     acres of migratory bird habitat either restored, protected, 
     or enhanced as a result of such conservation actions;
       (C) the amounts and sources of Federal and non-Federal 
     funding for such conservation actions;
       (D) the amounts and sources of funds expended for 
     administrative and other expenses of the Joint Venture of the 
     Management Board, including all donations, gifts, and in-kind 
     contributions provided for the Joint Venture;
       (E) the status of progress made in achieving the strategic 
     framework of the Implementation Plan of such Joint Venture 
     and fulfillment of the purpose of this subtitle; and
       (F) other elements considered necessary by the Director to 
     insure transparency and accountability by Management Boards 
     in the implementation of its responsibilities under this 
     subtitle.
       (b) Joint Venture Program 5-Year Reviews.--
       (1) In general.--The Secretary, acting through the 
     Director, shall at 5 years after the date of enactment of 
     this Act and at 5-year intervals thereafter, complete an 
     objective and comprehensive review and evaluation of the 
     Program.
       (2) Review contents.--Each review under this subsection 
     shall include--
       (A) an evaluation of the effectiveness of the Program in 
     meeting the purpose of this subtitle specified in section 
     10032(b);
       (B) an evaluation of all approved Implementation Plans, 
     especially the effectiveness of existing conservation 
     strategies, priorities, and methods to meet the objectives of

[[Page 22656]]

     such plans and fulfill the purpose of this subtitle; and
       (C) recommendations to revise the Program or to amend or 
     otherwise revise Implementation Plans to ensure that 
     activities undertaken pursuant to this subtitle address the 
     effects of climate change on migratory bird populations and 
     their habitats, and fish and wildlife habitats, in general.
       (3) Consultation.--The Secretary, acting through the 
     Director, in the implementation of this subsection--
       (A) shall consult with other appropriate Federal agencies 
     with responsibility for the conservation or management of 
     fish and wildlife habitat and appropriate State agencies; and
       (B) may consult with appropriate, Indian tribes, Flyway 
     Councils, or regional conservation organizations, public and 
     private landowners, members of academia and the scientific 
     community, and other nonprofit conservation or private 
     stakeholders.
       (4) Public comment.--The Secretary, through the Director, 
     shall provide for adequate opportunities for general public 
     review and comment of the Program as part of the 5-year 
     evaluations conducted pursuant to this subsection.

     SEC. 10038. TREATMENT OF EXISTING JOINT VENTURES.

       For purposes of this subtitle, the Director--
       (1) shall treat as a Joint Venture any joint venture 
     recognized by the Director before the date of the enactment 
     of this Act in accordance with the United States Fish and 
     Wildlife Services manual (721FW6); and
       (2) shall treat as an Implementation Plan an implementation 
     plan adopted by the management board for such joint venture.

     SEC. 10039. RELATIONSHIP TO OTHER AUTHORITIES.

       (a) Authorities, etc. of Secretary.--Nothing in this 
     subtitle affects authorities, responsibilities, obligations, 
     or powers of the Secretary under any other Act.
       (b) State Authority.--Nothing in this Act preempts any 
     provision or enforcement of a State statute or regulation 
     relating to the management of fish and wildlife resources 
     within such State.

     SEC. 10040. FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to any boards, committees, or other groups 
     established under this subtitle.

                     Subtitle E--Crane Conservation

     SEC. 10041. SHORT TITLE.

       This subtitle may be cited as the ``Crane Conservation Act 
     of 2010''.

     SEC. 10042. PURPOSES.

       The purposes of this subtitle are--
       (1) to perpetuate healthy populations of cranes;
       (2) to assist in the conservation and protection of cranes 
     by supporting--
       (A) conservation programs in countries in which endangered 
     and threatened cranes occur; and
       (B) the efforts of private organizations committed to 
     helping cranes; and
       (3) to provide financial resources for those programs and 
     efforts.

     SEC. 10043. DEFINITIONS.

       In this subtitle:
       (1) Conservation.--
       (A) In general.--The term ``conservation'' means the use of 
     any method or procedure to improve the viability of crane 
     populations and the quality of the ecosystems and habitats on 
     which the crane populations depend to help the species 
     achieve sufficient populations in the wild to ensure the 
     long-term viability of the species.
       (B) Inclusions.--The term ``conservation'' includes the 
     carrying out of any activity associated with scientific 
     resource management, such as--
       (i) protection, restoration, and management of habitat;
       (ii) research and monitoring of known populations;
       (iii) the provision of assistance in the development of 
     management plans for managed crane ranges;
       (iv) enforcement of the Convention;
       (v) law enforcement and habitat protection through 
     community participation;
       (vi) reintroduction of cranes to the wild;
       (vii) conflict resolution initiatives; and
       (viii) community outreach and education.
       (2) Convention.--The term ``Convention'' has the meaning 
     given the term in section 3 of the Endangered Species Act of 
     1973 (16 U.S.C. 1532).
       (3) Fund.--The term ``Fund'' means the Crane Conservation 
     Fund established by section 10045(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 10044. CRANE CONSERVATION ASSISTANCE.

       (a) In General.--Subject to the availability of 
     appropriations and in consultation with other appropriate 
     Federal officials, the Secretary shall use amounts in the 
     Fund to provide financial assistance for projects relating to 
     the conservation of cranes for which project proposals are 
     approved by the Secretary in accordance with this section.
       (b) Project Proposals.--
       (1) Applicants.--
       (A) In general.--An applicant described in subparagraph (B) 
     that seeks to receive assistance under this section to carry 
     out a project relating to the conservation of cranes shall 
     submit to the Secretary a project proposal that meets the 
     requirements of this section.
       (B) Eligible applicants.--An applicant described in this 
     subparagraph is--
       (i) any relevant wildlife management authority of a country 
     that--

       (I) is located within the African, Asian, European, or 
     North American range of a species of crane; and
       (II) carries out one or more activities that directly or 
     indirectly affect crane populations;

       (ii) the Secretariat of the Convention; and
       (iii) any person or organization with demonstrated 
     expertise in the conservation of cranes.
       (2) Required elements.--A project proposal submitted under 
     paragraph (1)(A) shall include--
       (A) a concise statement of the purpose of the project;
       (B)(i) the name of each individual responsible for 
     conducting the project; and
       (ii) a description of the qualifications of each of those 
     individuals;
       (C) a concise description of--
       (i) methods to be used to implement and assess the outcome 
     of the project;
       (ii) staff and community management for the project; and
       (iii) the logistics of the project;
       (D) an estimate of the funds and the period of time 
     required to complete the project;
       (E) evidence of support for the project by appropriate 
     government entities of countries in which the project will be 
     conducted, if the Secretary determines that such support is 
     required to ensure the success of the project;
       (F) information regarding the source and amount of matching 
     funding available for the project; and
       (G) any other information that the Secretary considers to 
     be necessary for evaluating the eligibility of the project to 
     receive assistance under this subtitle.
       (c) Project Review and Approval.--
       (1) In general.--The Secretary shall--
       (A) not later than 30 days after receiving a final project 
     proposal, provide a copy of the proposal to other appropriate 
     Federal officials; and
       (B) review each project proposal in a timely manner to 
     determine whether the proposal meets the criteria described 
     in subsection (d).
       (2) Consultation; approval or disapproval.--Not later than 
     180 days after receiving a project proposal, and subject to 
     the availability of appropriations, the Secretary, after 
     consulting with other appropriate Federal officials, shall--
       (A) consult on the proposal with the government of each 
     country in which the project is to be carried out;
       (B) after taking into consideration any comments resulting 
     from the consultation, approve or disapprove the proposal; 
     and
       (C) provide written notification of the approval or 
     disapproval to--
       (i) the applicant that submitted the proposal;
       (ii) other appropriate Federal officials; and
       (iii) each country described in subparagraph (A).
       (d) Criteria for Approval.--The Secretary may approve a 
     project proposal under this section if the Secretary 
     determines that the proposed project will enhance programs 
     for conservation of cranes by assisting efforts to--
       (1) implement conservation programs;
       (2) address the conflicts between humans and cranes that 
     arise from competition for the same habitat or resources;
       (3) enhance compliance with the Convention and other 
     applicable laws that--
       (A) prohibit or regulate the taking or trade of cranes; or
       (B) regulate the use and management of crane habitat;
       (4) develop sound scientific information on, or methods for 
     monitoring--
       (A) the condition of crane habitat;
       (B) crane population numbers and trends; or
       (C) the current and projected threats to crane habitat and 
     population numbers and trends;
       (5) promote cooperative projects on the issues described in 
     paragraph (4) among--
       (A) governmental entities;
       (B) affected local communities;
       (C) nongovernmental organizations; or
       (D) other persons in the private sector;
       (6) carry out necessary scientific research on cranes;
       (7) provide relevant training to, or support technical 
     exchanges involving, staff responsible for managing cranes or 
     habitats of cranes, to enhance capacity for effective 
     conservation; or
       (8) reintroduce cranes successfully back into the wild, 
     including propagation of a sufficient number of cranes 
     required for this purpose.
       (e) Project Sustainability; Matching Funds.--To the maximum 
     extent practicable, in determining whether to approve a 
     project proposal under this section, the Secretary shall give 
     preference to a proposed project--
       (1) that is designed to ensure effective, long-term 
     conservation of cranes and habitats of cranes; or
       (2) for which matching funds are available.

[[Page 22657]]

       (f) Project Reporting.--
       (1) In general.--Each person that receives assistance under 
     this section for a project shall submit to the Secretary, at 
     such periodic intervals as are determined by the Secretary, 
     reports that include all information that the Secretary, 
     after consulting with other appropriate government officials, 
     determines to be necessary to evaluate the progress and 
     success of the project for the purposes of--
       (A) ensuring positive results;
       (B) assessing problems; and
       (C) fostering improvements.
       (2) Availability to the public.--Each report submitted 
     under paragraph (1), and any other documents relating to a 
     project for which financial assistance is provided under this 
     subtitle, shall be made available to the public.

     SEC. 10045. CRANE CONSERVATION FUND.

       (a) Establishment.--There is established in the 
     Multinational Species Conservation Fund established by the 
     matter under the heading ``MULTINATIONAL SPECIES CONSERVATION 
     FUND'' in title I of the Department of the Interior and 
     Related Agencies Appropriations Act, 1999 (112 Stat. 2681-
     237; 16 U.S.C. 4246) a separate account to be known as the 
     ``Crane Conservation Fund'', consisting of--
       (1) amounts transferred to the Secretary of the Treasury 
     for deposit into the Fund under subsection (c); and
       (2) amounts appropriated to the Fund under section 10047.
       (b) Expenditures From Fund.--
       (1) In general.--Subject to paragraphs (2) and (3), upon 
     request by the Secretary, the Secretary of the Treasury shall 
     transfer from the Fund to the Secretary, without further 
     appropriation, such amounts as the Secretary determines are 
     necessary to provide assistance under section 10044.
       (2) Administrative expenses.--Of the amounts in the Fund 
     available for each fiscal year, the Secretary may expend not 
     more than 3 percent, or $150,000, whichever is greater, to 
     pay the administrative expenses necessary to carry out this 
     subtitle.
       (3) Limitation.--Not more than 20 percent of the amounts 
     made available from the Fund for any fiscal year may be used 
     for projects relating to the conservation of North American 
     crane species.
       (c) Acceptance and Use of Donations.--
       (1) In general.--The Secretary may accept and use donations 
     to provide assistance under section 10044.
       (2) Transfer of donations.--Amounts received by the 
     Secretary in the form of donations shall be transferred to 
     the Secretary of the Treasury for deposit in the Fund.

     SEC. 10046. ADVISORY GROUP.

       (a) In General.--To assist in carrying out this subtitle, 
     the Secretary may convene an advisory group consisting of 
     individuals representing public and private organizations 
     actively involved in the conservation of cranes.
       (b) Public Participation.--
       (1) Meetings.--The advisory group shall--
       (A) ensure that each meeting of the advisory group is open 
     to the public; and
       (B) provide, at each meeting, an opportunity for interested 
     persons to present oral or written statements concerning 
     items on the agenda.
       (2) Notice.--The Secretary shall provide to the public 
     timely notice of each meeting of the advisory group.
       (3) Minutes.--Minutes of each meeting of the advisory group 
     shall be kept by the Secretary and shall be made available to 
     the public.
       (c) Exemption From Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the advisory group.

     SEC. 10047. FUNDING.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Fund $3,000,000 for each of fiscal 
     years 2012 through 2016, to remain available until expended.
       (b) Offset.--Of amounts appropriated to, and available at 
     the discretion of, the Secretary for programmatic and 
     administrative expenditures, a total of $25,000,000 shall be 
     used to establish the Fund.

          Subtitle F--Great Cats and Rare Canids Conservation

     SEC. 10051. SHORT TITLE.

       This subtitle may be cited as the ``Great Cats and Rare 
     Canids Act of 2010''.

     SEC. 10052. PURPOSES.

       The purposes of this subtitle are to provide financial 
     resources and to foster international cooperation--
       (1) to restore and perpetuate healthy populations of rare 
     felids and rare canids in the wild; and
       (2) to assist in the conservation of rare felid and rare 
     canid populations worldwide.

     SEC. 10053. DEFINITIONS.

       In this subtitle:
       (1) CITES.--The term ``CITES'' means the Convention on 
     International Trade in Endangered Species of Wild Fauna and 
     Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 
     8249), including appendices to that convention.
       (2) Conservation.--
       (A) In general.--The term ``conservation'' means the 
     methods and procedures necessary to bring a species of rare 
     felid or rare canid to the point at which there are 
     sufficient populations in the wild to ensure the long-term 
     viability of the species.
       (B) Inclusions.--The term ``conservation'' includes all 
     activities associated with protection and management of a 
     rare felid or rare canid population, including--
       (i) maintenance, management, protection, and restoration of 
     rare felid or rare canid habitat;
       (ii) research and monitoring;
       (iii) law enforcement;
       (iv) community outreach and education;
       (v) conflict resolution initiatives; and
       (vi) strengthening the capacity of local communities, 
     governmental agencies, nongovernmental organizations, and 
     other institutions to implement conservation programs.
       (3) Fund.--The term ``Fund'' means the Great Cats and Rare 
     Canids Conservation Fund established by section 10054(a).
       (4) IUCN red list.--The term ``IUCN Red List'' means the 
     Red List of Threatened Species Maintained by the World 
     Conservation Union.
       (5) Rare canid.--
       (A) In general.--The term ``rare canid'' means any of the 
     canid species dhole (Cuon alpinus), gray wolf (Canis lupus), 
     Ethiopian wolf (Canis simensis), bush dog (Speothos 
     venaticus), African wild dog (Lycaon pictus), maned wolf 
     (Chrysocyon brachyurus), and Darwin's fox (Pseudalopex 
     fulvipes) (including any subspecies or population of such a 
     species).
       (B) Exclusions.--The term ``rare canid'' does not include 
     any subspecies or population that is native to the area 
     comprised of the United States and Canada or the European 
     Union.
       (6) Rare felid.--
       (A) In general.--The term ``rare felid'' means any of the 
     felid species lion (Panthera leo), leopard (Panthera pardus), 
     jaguar (Panthera onca), snow leopard (Uncia uncia), clouded 
     leopard (Neofelis nebulosa), cheetah (Acinonyx jubatus), 
     Iberian lynx (Lynx pardina), and Borneo bay cat (Catopuma 
     badia) (including any subspecies or population of such a 
     species).
       (B) Exclusions.--The term ``rare felid'' does not include--
       (i) any species, subspecies, or population that is native 
     to the United States; or
       (ii) any tiger (Panthera tigris).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 10054. GREAT CATS AND RARE CANIDS CONSERVATION FUND.

       (a) Establishment.--There is established in the 
     multinational species conservation fund established under the 
     heading ``multinational species conservation fund'' of title 
     I of the Department of the Interior and Related Agencies 
     Appropriations Act, 1999 (16 U.S.C. 4246), a separate account 
     to be known as the ``Great Cats and Rare Canids Conservation 
     Fund'', consisting of--
       (1) amounts transferred to the Secretary of the Treasury 
     for deposit in the account under subsection (c); and
       (2) amounts appropriated to the account under section 
     10057.
       (b) Expenditures From Fund.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Secretary, the Secretary of the Treasury shall transfer 
     from the Fund to the Secretary, without further 
     appropriation, such amounts as the Secretary determines to be 
     necessary to provide assistance under section 10055.
       (2) Administrative expenses.--Of the amounts in the Fund 
     available for each fiscal year, the Secretary may use to pay 
     the administrative expenses of carrying out this subtitle not 
     more than the greater of--
       (A) 3 percent; and
       (B) $100,000.
       (c) Acceptance and Use of Donations.--
       (1) In general.--The Secretary may--
       (A) accept and use donations to provide assistance under 
     section 10055; and
       (B) publish on the Internet website and in publications of 
     the Department of the Interior a notice that the Secretary is 
     authorized to accept and use such donations.
       (2) Use.--Amounts received by the Secretary in the form of 
     donations shall be transferred to the Secretary of the 
     Treasury for deposit in the Fund.

     SEC. 10055. FINANCIAL ASSISTANCE.

       (a) In General.--Subject to the availability of funds and 
     in consultation with other appropriate Federal officials, the 
     Secretary shall use amounts in the Fund to provide financial 
     assistance for projects for the conservation of rare felid 
     and rare canids for which project proposals are approved by 
     the Secretary in accordance with this section.
       (b) Project Proposals.--
       (1) Eligible applicants.--A proposal for a project for the 
     conservation of rare felid and canids may be submitted to the 
     Secretary by--
       (A) any wildlife management authority of a country that has 
     within its boundaries any part of the range of a rare felid 
     or rare canid species, respectively; and
       (B) any person or group with the demonstrated expertise 
     required for conservation in the wild of rare felids or rare 
     canids, respectively.
       (2) Project proposals.--To be eligible for financial 
     assistance for a project under this subtitle, an applicant 
     shall submit to the Secretary a project proposal that 
     includes--

[[Page 22658]]

       (A) a concise statement of the purposes of the project;
       (B) the name of the individual responsible for conducting 
     the project;
       (C) a description of the qualifications of the individuals 
     who will conduct the project;
       (D) a concise description of--
       (i) methods for project implementation and outcome 
     assessment;
       (ii) staffing for the project;
       (iii) the logistics of the project; and
       (iv) community involvement in the project;
       (E) an estimate of funds and time required to complete the 
     project;
       (F) evidence of support for the project by appropriate 
     governmental entities of the countries in which the project 
     will be conducted, if the Secretary determines that such 
     support is required for the success of the project;
       (G) information regarding the source and amount of matching 
     funding available for the project; and
       (H) any other information that the Secretary considers to 
     be necessary for evaluating the eligibility of the project 
     for funding under this subtitle.
       (c) Project Review and Approval.--
       (1) In general.--The Secretary shall--
       (A) not later than 30 days after receiving a project 
     proposal, provide a copy of the proposal to the appropriate 
     Federal officials; and
       (B) review each project proposal in a timely manner to 
     determine whether the proposal meets the criteria specified 
     in subsection (d).
       (2) Consultation; approval or disapproval.--Not later than 
     180 days after receiving a project proposal, and subject to 
     the availability of funds, the Secretary, after consulting 
     with other appropriate Federal officials, shall--
       (A) ensure the proposal contains assurances that the 
     project will be implemented in consultation with relevant 
     wildlife management authorities and other appropriate 
     government officials with jurisdiction over the resources 
     addressed by the project;
       (B) approve or disapprove the proposal; and
       (C) provide written notification of the approval or 
     disapproval to--
       (i) the individual or entity that submitted the proposal;
       (ii) other appropriate Federal officials; and
       (iii) each country within the borders of which the project 
     will take place.
       (d) Criteria for Approval.--The Secretary may approve a 
     project proposal under this section if the project will 
     contribute to conservation of rare felids or rare canids in 
     the wild by assisting efforts--
       (1) to implement conservation programs;
       (2) to address the conflicts between humans and rare felids 
     or rare canids, respectively, that arise from competition for 
     the same habitat or resources;
       (3) to enhance compliance with CITES, the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.), and other 
     applicable laws that--
       (A) prohibit or regulate the taking or trade of rare felids 
     and rare canids; or
       (B) regulate the use and management of rare felid and rare 
     canid habitat;
       (4) to develop sound scientific information on, or methods 
     for monitoring--
       (A) the condition and health of rare felid or rare canid 
     habitat;
       (B) rare felid or rare canid population numbers and trends; 
     and
       (C) the ecological characteristics and requirements of 
     populations of rare felids or rare canids for which there are 
     little or no data;
       (5) to promote cooperative projects among government 
     entities, affected local communities, nongovernmental 
     organizations, and other persons in the private sector; or
       (6) to ensure that funds will not be appropriated for the 
     purchase or lease of land to be used as suitable habitat for 
     felids or canids.
       (e) Project Sustainability.--In approving project proposals 
     under this section, the Secretary shall give preference to 
     conservation projects that are designed to ensure effective, 
     long-term conservation of rare felids and rare canids and 
     their habitats.
       (f) Matching Funds.--In determining whether to approve 
     project proposals under this section, the Secretary shall 
     give preference to projects any portion of the costs of which 
     will be provided with matching funds.
       (g) Project Reporting.--
       (1) In general.--Each individual or entity that receives 
     assistance under this section for a project shall submit to 
     the Secretary periodic reports (at such intervals as the 
     Secretary considers necessary) that include all information 
     that the Secretary, after consultation with other appropriate 
     government officials, determines to be necessary to evaluate 
     the progress and success of the project for the purposes of 
     ensuring positive results, assessing problems, and fostering 
     improvements.
       (2) Availability to public.--Reports under paragraph (1), 
     and any other documents relating to projects for which 
     financial assistance is provided under this subtitle, shall 
     be made available to the public.
       (h) Limitations.--
       (1) Use for captive breeding or display.--Amounts provided 
     as a grant under this subtitle--
       (A) may not be used for captive breeding or display of rare 
     felids and rare canids, other than captive breeding for 
     release into the wild; and
       (B) may be used for captive breeding of a species for 
     release into the wild only if no other conservation method 
     for the species is biologically feasible.
       (2) Ineligible countries.--Amounts provided as a grant 
     under this subtitle may not be expended on any project in a 
     country the government of which has repeatedly provided 
     support for acts of international terrorism, as determined by 
     the Secretary of State pursuant to--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor to that 
     Act);
       (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (C) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)).
       (i) Advisory Group.--
       (1) In general.--To assist in carrying out this subtitle, 
     the Secretary may establish an advisory group, consisting of 
     individuals representing public and private organizations 
     actively involved in the conservation of felids and canids.
       (2) Public participation.--
       (A) Meetings.--The advisory group shall--
       (i) ensure that each meeting of the advisory group is open 
     to the public; and
       (ii) provide, at each meeting, an opportunity for 
     interested individuals to present oral or written statements 
     concerning items on the agenda.
       (B) Notice.--The Secretary shall provide to the public 
     timely notice of each meeting of the advisory group, 
     including the meeting agenda.
       (C) Minutes.--The minutes of each meeting of the advisory 
     group shall be--
       (i) kept by the Secretary; and
       (ii) made available to the public.
       (3) Nonapplicability of federal advisory committee act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the advisory group.

     SEC. 10056. STUDY OF CONSERVATION STATUS OF FELID AND CANID 
                   SPECIES.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall initiate a study 
     of felid and canid species listed under the IUCN Red List 
     that are not rare canids or rare felids, respectively, to 
     determine--
       (1) the conservation status of each such species in the 
     wild, including identification of any such species that are 
     critically endangered or endangered; and
       (2) whether any such species that should be made eligible 
     for assistance under this subtitle.
       (b) Report.--Not later than 2 years after date of enactment 
     of this Act, the Secretary shall submit to Congress a report 
     describing the determinations made in the study, including 
     recommendations of additional felid species and canid species 
     that should be made eligible for assistance under this 
     subtitle.

     SEC. 10057. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated--
       (1) to the Fund, $3,000,000 for each of fiscal years 2012 
     through 2016 to carry out this subtitle, other than section 
     10056; and
       (2) such sums as are necessary to carry out section 10056.

     Subtitle G--Junior Duck Stamp Conservation and Design Program

     SEC. 10061. SHORT TITLE.

       This subtitle may be cited as the ``Junior Duck Stamp 
     Conservation and Design Program Reauthorization Act of 
     2010''.

     SEC. 10062. FINDINGS.

       Congress finds the following:
       (1) In 2007-2008, sales of the $5 Junior Duck Stamp 
     generated more than $100,000 in revenue, all of which was 
     used to provide educational materials for the program, fund 
     scholarships for students, and support and promote the 
     program's goal of connecting children with nature.
       (2) Now in its 20th year, the Junior Duck Stamp 
     Conservation and Design Program is one of this country's 
     oldest and most successful government-sponsored, youth-
     focused conservation biology programs. The program continues 
     to build strong partnerships with public and parochial 
     schools, homeschoolers and after-school programs, and other 
     youth-focused education programs throughout the country.
       (3) The Junior Duck Stamp Conservation and Design Program 
     continues to foster strong partnerships among Federal and 
     State government agencies, nongovernmental organizations, the 
     business community, and others in the private sector to 
     promote youth conservation initiatives.
       (4) With its conservation-focused science and arts 
     curriculum, the Junior Duck Stamp Conservation and Design 
     Program has helped prepare hundreds of thousands of students 
     to become stewards of America's irreplaceable wild places and 
     treasured outdoor heritage.

     SEC. 10063. REPORTING REQUIREMENT.

       Section 2(c)(2) of the Junior Duck Stamp Conservation and 
     Design Program Act of 1994 (16 U.S.C. 719(c)(2)) is amended 
     to read as follows:
       ``(2) Reporting requirement.--Beginning in 2011 and every 5 
     years thereafter, the Secretary shall submit to Congress a 
     report on the status of the Program in each State.''.

[[Page 22659]]



     SEC. 10064. AUTHORIZATION OF APPROPRIATIONS.

       Section 6 of the Junior Duck Stamp Conservation and Design 
     Program Act of 1994 (16 U.S.C. 719c) is amended to read as 
     follows:

     ``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to the Secretary 
     for administrative expenses of the Program $500,000 for each 
     of fiscal years 2012 through 2016.''.

              Subtitle H--Additional Conservation Funding

     SEC. 10071. GREAT APE CONSERVATION ACT OF 2000.

       (a) Multiyear Grants.--Section 4 of the Great Ape 
     Conservation Act of 2000 (16 U.S.C. 6303) is amended--
       (1) in subsection (i)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Establishment.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the America's Great Outdoors Act of 2010, and 
     every 5 years thereafter, the Secretary shall convene a panel 
     of experts to identify the greatest needs and priorities for 
     the conservation of great apes.
       ``(B) Inclusions.--The panel shall include, to the maximum 
     extent practicable, representatives from foreign range states 
     with expertise in great ape conservation.''.
       (B) by redesignating paragraph (2) as paragraph (4); and
       (C) by inserting after paragraph (1) the following:
       ``(2) Factors for consideration.--In identifying 
     conservation needs and priorities under paragraph (1), the 
     panel shall consider relevant great ape conservation plans or 
     strategies, including scientific research and findings 
     relating to--
       ``(A) the conservation needs and priorities of great apes;
       ``(B) regional or species-specific action plans or 
     strategies;
       ``(C) applicable strategies developed or initiated by the 
     Secretary; and
       ``(D) any other applicable conservation plan or strategy.
       ``(3) Expenses.--The Secretary, subject to the availability 
     of appropriations, may pay expenses of convening and 
     facilitating meetings of the panel.''; and
       (2) by adding at the end the following:
       ``(j) Multiyear Grants.--
       ``(1) In general.--The Secretary may award a multiyear 
     grant under this section to an individual or entity that is 
     otherwise eligible for a grant under this section, to carry 
     out a project that the individual or entity demonstrates is 
     an effective, long-term conservation strategy for great apes 
     and the habitats of great apes.
       ``(2) Annual grants not affected.--Nothing in this 
     subsection precludes the Secretary from awarding grants on an 
     annual basis.
       ``(k) Excellence in Great Ape Conservation Awards.--
       ``(1) In general.--The Secretary, subject to the 
     availability of appropriations, may implement a program to 
     acknowledge outstanding achievement in great ape 
     conservation--
       ``(A) to enhance great ape conservation; and
       ``(B) to demonstrate the indebtedness of the entire world 
     to the commitment made by individuals and local communities 
     to protect and conserve populations of great apes.
       ``(2) Awards.--In carrying out the program under this 
     subsection, the Secretary may use amounts appropriated under 
     this subsection to make appropriate awards, including--
       ``(A) cash awards, each of which shall not exceed $7,500;
       ``(B) noncash awards;
       ``(C) posthumous awards; and
       ``(D) public ceremonies to acknowledge such awards.
       ``(3) Selection of award recipients.--The Secretary may 
     select each year for receipt of an award under the program--
       ``(A) not more than 3 individuals whose contributions to 
     the field of great ape conservation have had a significant 
     and material impact on the conservation of great apes; and
       ``(B) individuals selected from within great ape range 
     states, whose contributions represent selfless sacrifice and 
     uncommon valor and dedication to the conservation of great 
     apes and the habitats of great apes.
       ``(4) Nomination guidelines.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, and after consultation with 
     the heads of other relevant Federal agencies and other 
     governmental and nongovernmental organizations with expertise 
     in great ape conservation, the Secretary shall publish in the 
     Federal Register guidelines specifying the details and 
     process for nominating award candidates.
       ``(B) Requirement.--The guidelines under subparagraph (A) 
     shall allow for nominations of citizens and noncitizens of 
     the United States.''.
       (b) Administrative Expenses Limitation.--Section 5(b)(2) of 
     the Great Ape Conservation Act of 2000 (16 U.S.C. 6304 
     (b)(2)) is amended by striking ``$100,000'' and inserting 
     ``$150,000''.
       (c) Authorization of Appropriations.--Section 6 of the 
     Great Ape Conservation Act of 2000 (16 U.S.C. 6305) is 
     amended by striking ``$5,000,000 for each of fiscal years 
     2006 through 2010'' and inserting ``$4,000,000 for each of 
     fiscal years 2012 through 2016''.

     SEC. 10072. AFRICAN ELEPHANT CONSERVATION ACT.

       Section 2306(a) of the African Elephant Conservation Act 
     (16 U.S.C. 4245(a)) is amended by striking ``$5,000,000 for 
     each of fiscal years 2007 through 2012'' and inserting 
     ``$4,000,000 for each of fiscal years 2012 through 2016''.

     SEC. 10073. ASIAN ELEPHANT CONSERVATION ACT OF 1997.

       Section 8(a) of the Asian Elephant Conservation Act of 1997 
     (16 U.S.C. 4266(a)) is amended by striking ``$5,000,000 for 
     each of fiscal years 2007 through 2012'' and inserting 
     ``$4,000,000 for each of fiscal years 2012 through 2016''.

     SEC. 10074. RHINOCEROS AND TIGER CONSERVATION ACT OF 1994.

       Section 10(a) of the Rhinoceros and Tiger Conservation Act 
     of 1994 (16 U.S.C. 5306(a)) is amended by striking 
     ``$10,000,000 for each of fiscal years 2007 through 2012'' 
     and inserting ``$8,000,000 for each of fiscal years 2012 
     through 2016''.

                   TITLE CI--INVASIVE SPECIES CONTROL

     SEC. 10101. SHORT TITLE.

       This title may be cited as the ``Nutria Eradication and 
     Control Act Amendments of 2010''.

     SEC. 10102. FINDINGS; PURPOSE.

       Section 2 of the Nutria Eradication and Control Act of 2003 
     (Public Law 108-16; 117 Stat. 621) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``and in Louisiana'' and 
     inserting ``, the State of Louisiana, and the coastal 
     States'';
       (B) in paragraph (2), by striking ``in Maryland and 
     Louisiana on Federal, State, and private land'' and inserting 
     ``on Federal, State, and private land in the States of 
     Maryland and Louisiana and the coastal States''; and
       (C) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) This Act authorized the Maryland Nutria Project, 
     which has successfully eradicated nutria from more than 
     130,000 acres of Chesapeake Bay wetland in the State of 
     Maryland and successfully facilitated the creation of 
     voluntary, public-private partnerships and more than 406 
     cooperative landowner agreements.
       ``(4) This Act and the Coastal Wetlands Planning, 
     Protection, and Restoration Act (16 U.S.C. 3951 et seq.) 
     authorized the Coastwide Nutria Control Program, which has 
     reduced nutria-impacted wetland acres in the State of 
     Louisiana from 80,000 acres to 23,141 acres.
       ``(5) Proven techniques developed under this Act that are 
     eradicating nutria from the State of Maryland and are 
     reducing the acres of nutria-impacted wetland in Louisiana, 
     should be applied to nutria eradication or control programs 
     in the coastal States.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Purpose.--The purpose of this Act is to authorize the 
     Secretary of the Interior to provide financial assistance to 
     the States of Delaware, Louisiana, Maryland, North Carolina, 
     Oregon, Virginia, and Washington to carry out activities--
       ``(1) to eradicate or control nutria; and
       ``(2) to restore nutria-damaged wetland.''.

     SEC. 10103. DEFINITIONS.

       The Nutria Eradication and Control Act of 2003 (Public Law 
     108-16; 117 Stat. 621) is amended--
       (1) by redesignating sections 3 and 4 as sections 4 and 5, 
     respectively; and
       (2) by inserting after section 2 the following:

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Coastal state.--The term `coastal State' means each 
     of the States of Delaware, North Carolina, Oregon, Virginia, 
     and Washington.
       ``(2) Program.--The term `program' means the nutria 
     eradication program established under section 4(a).
       ``(3) Public-private partnership.--The term `public-private 
     partnership' means a voluntary, cooperative project 
     undertaken by governmental entities or public officials and 
     affected communities, local citizens, nongovernmental 
     organizations, or other entities or individuals in the 
     private sector.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.''.

     SEC. 10104. NUTRIA ERADICATION PROGRAM.

       Section 4 of the Nutria Eradication and Control Act of 2003 
     (Public Law 108-16; 117 Stat. 621, 622) (as redesignated by 
     section 10103) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--Subject to the availability of 
     appropriations, the Secretary may provide financial 
     assistance to the States of Maryland and Louisiana and the 
     coastal States to implement measures--
       ``(1) to eradicate or control nutria; and
       ``(2) to restore wetland damaged by nutria.'';
       (2) in subsection (b)--
       (A) in paragraph (2), by striking ``other States'' and 
     inserting ``the coastal States''; and
       (B) in paragraph (3), by striking ``marshland'' and 
     inserting ``wetland'';

[[Page 22660]]

       (3) in subsection (c)--
       (A) in the subsection heading, by striking ``(c) 
     Activities.--'' and inserting ``Activities in the State of 
     Maryland.--''; and
       (B) by striking ``March 2002'' and inserting ``March 2002, 
     and updated March 2009'';
       (4) in subsection (e), by striking ``this section'' and 
     inserting ``the program''; and
       (5) by striking subsection (f) and inserting the following:
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2012 through 2016--
       ``(1) $4,000,000 for use in providing financial assistance 
     under the program to each of the States of Maryland and 
     Louisiana; and
       ``(2) $5,000,000 for use in providing financial assistance 
     under the program to the other coastal States.''.

     SEC. 10105. REPORT.

       Section 5 of the Nutria Eradication and Control Act of 2003 
     (Public Law 108-16; 117 Stat. 622) (as redesignated by 
     section 10103) is amended--
       (1) in paragraph (1)--
       (A) by striking ``2002 document'' and inserting ``March 
     2009 update of the document'';
       (B) by inserting ``and dated March 2002'' before the 
     semicolon at the end; and
       (C) by striking ``and'' at the end;
       (2) in paragraph (2)--
       (A) by striking ``develop'' and inserting ``continue''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by inserting after paragraph (2) the following:
       ``(3) develop, in cooperation with the appropriate State 
     fish and wildlife agency, long-term nutria control or 
     eradication programs, as appropriate, with the objectives 
     of--
       ``(A) significantly reducing and restoring the damage 
     nutria cause to coastal wetland in the coastal States; and
       ``(B) promoting voluntary, public-private partnerships to 
     eradicate or control nutria and restore nutria-damaged 
     wetland in the coastal States.''.

          TITLE CII--WATER RESOURCE RESTORATION AND PROTECTION

         Subtitle A--Gulf of Mexico Restoration and Protection

     SEC. 10201. SHORT TITLE.

       This subtitle may be cited as the ``Gulf of Mexico 
     Restoration and Protection Act''.

     SEC. 10202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Gulf of Mexico is a valuable resource of national 
     and international importance, continuously serving the people 
     of the United States and other countries as an important 
     source of food, economic productivity, recreation, beauty, 
     and enjoyment;
       (2) over many years, the resource productivity and water 
     quality of the Gulf of Mexico and the watershed of the Gulf 
     have been diminished by point and nonpoint source pollution;
       (3) the United States should seek to attain the protection 
     and restoration of the Gulf of Mexico ecosystem as a 
     collaborative regional goal of the Gulf of Mexico Program; 
     and
       (4) the Administrator of the Environmental Protection 
     Agency, in consultation with other Federal agencies and State 
     and local authorities, should coordinate the effort to meet 
     those goals.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to expand and strengthen cooperative voluntary efforts 
     to restore and protect the Gulf of Mexico;
       (2) to expand Federal support for monitoring, management, 
     and restoration activities in the Gulf of Mexico and the 
     watershed of the Gulf;
       (3) to commit the United States to a comprehensive 
     cooperative program to achieve improved water quality in, and 
     improvements in the productivity of living resources of, the 
     Gulf of Mexico; and
       (4) to establish a Gulf of Mexico Program to serve as a 
     national and international model for the collaborative 
     management of large marine ecosystems.

     SEC. 10203. GULF OF MEXICO RESTORATION AND PROTECTION.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 123. GULF OF MEXICO RESTORATION AND PROTECTION.

       ``(a) Definitions.--In this section;
       ``(1) Gulf of mexico ecosystem.--The term `Gulf of Mexico 
     ecosystem' means the ecosystem of the Gulf of Mexico and the 
     watershed of the Gulf.
       ``(2) Gulf of mexico executive council.--The term `Gulf of 
     Mexico Executive Council' means the formal collaborative 
     Executive Council composed of Federal, State, local, and 
     private participants in the Program.
       ``(3) Needs-based applicant.--The term `needs-based 
     applicant' means a public entity that meets the economic and 
     affordability criteria established by the Administrator, in 
     consultation with the Program and Gulf of Mexico Executive 
     Council.
       ``(4) Program.--The term `Program' means the Gulf of Mexico 
     Program established by the Administrator in 1988 as a 
     nonregulatory, inclusive partnership to provide a broad 
     geographic focus on the primary environmental issues 
     affecting the Gulf of Mexico.
       ``(5) Program office.--The term `Program Office' means the 
     office established by the Administrator to administer the 
     Program that is reestablished by subsection (b)(1)(A).
       ``(b) Continuation of Gulf of Mexico Program.--
       ``(1) Gulf of mexico program office.--
       ``(A) Reestablishment.--The Program Office established 
     before the date of enactment of this section by the 
     Administrator is reestablished as an office of the 
     Environmental Protection Agency.
       ``(B) Requirements.--The Program Office shall be--
       ``(i) headed by a Director who, by reason of management 
     experience and technical expertise relating to the Gulf of 
     Mexico, is highly qualified to direct the development of 
     plans and programs on a variety of Gulf of Mexico issues, as 
     determined by the Administrator; and
       ``(ii) located in a State all or a portion of the coastline 
     of which is on the Gulf of Mexico.
       ``(C) Functions.--The Program Office shall--
       ``(i) coordinate the actions of the Environmental 
     Protection Agency with the actions of the appropriate 
     officials of other Federal agencies and State and local 
     authorities in developing strategies--

       ``(I) to improve the water quality and living resources in 
     the Gulf of Mexico ecosystem; and
       ``(II) to obtain the support of appropriate officials;

       ``(ii) in cooperation with appropriate Federal, State, and 
     local authorities, assist in developing and implementing 
     specific action plans to carry out the Program;
       ``(iii) coordinate and implement priority State-led and 
     community-led restoration plans and projects, and facilitate 
     science, research, modeling, monitoring, data collection, and 
     other activities that support the Program through the 
     provision of grants under subsection (d);
       ``(iv) implement outreach programs for public information, 
     education, and participation to foster stewardship of the 
     resources of the Gulf of Mexico ecosystem;
       ``(v) develop and make available, through publications, 
     technical assistance, and other appropriate means, 
     information pertaining to the environmental quality and 
     living resources of the Gulf of Mexico ecosystem;
       ``(vi) serve as the liaison with, and provide information 
     to, the Mexican members of the Gulf of Mexico States Accord 
     and Mexican counterparts of the Environmental Protection 
     Agency; and
       ``(vii) focus the efforts and resources of the Program 
     Office on activities that will result in measurable 
     improvements to water quality and living resources of the 
     Gulf of Mexico ecosystem.
       ``(c) Interagency Agreements.--The Administrator may enter 
     into 1 or more interagency agreements with other Federal 
     agencies to carry out this section.
       ``(d) Grants.--
       ``(1) In general.--In carrying out the Program, the 
     Administrator, acting through the Program Office, may provide 
     grants to nonprofit organizations, State and local 
     governments, institutions of higher education, interstate 
     agencies, and individuals to carry out this section for use 
     in--
       ``(A) monitoring the water quality and living resources of 
     the Gulf of Mexico ecosystem;
       ``(B) researching the effects of natural and human-induced 
     environmental changes on the water quality and living 
     resources of the Gulf of Mexico ecosystem;
       ``(C) developing and executing cooperative strategies that 
     address the water quality and living resource needs in the 
     Gulf of Mexico ecosystem;
       ``(D) developing and implementing locally based protection 
     and restoration programs or projects within a watershed that 
     complement those strategies, including the creation, 
     restoration, protection, or enhancement of habitat associated 
     with the Gulf of Mexico ecosystem; and
       ``(E) eliminating or reducing nonpoint sources that 
     discharge pollutants that contaminate the Gulf of Mexico 
     ecosystem, including activities to eliminate leaking septic 
     systems and construct connections to local sewage systems.
       ``(2) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (C), 
     the Federal share of the cost of any project or activity 
     carried out using a grant provided under this section shall 
     not exceed 75 percent, as determined by the Administrator.
       ``(B) In-kind contributions.--The non-Federal share of the 
     cost of a project or activity carried out under this section 
     may include the value of any in-kind services contributed by 
     a non-Federal sponsor.
       ``(C) Exception.--For each fiscal year, the Administrator 
     may use up to 10 percent of the funds made available to carry 
     out this subsection for the fiscal year to increase the 
     Federal share of the cost of a project or activity carried 
     out by a needs-based applicant under this section up to 100 
     percent.
       ``(e) Reports.--

[[Page 22661]]

       ``(1) Annual report.--Not later than December 30, 2011, and 
     annually thereafter, the Director of the Program Office shall 
     submit to the Administrator and make available to the public 
     a report that describes--
       ``(A) each project and activity funded under this section 
     during the previous fiscal year;
       ``(B) the goals and objectives of those projects and 
     activities; and
       ``(C) the net benefits of projects and activities funded 
     under this section during previous fiscal years.
       ``(2) Assessment.--
       ``(A) In general.--Not later than April 30, 2011, and every 
     5 years thereafter, the Administrator, in coordination with 
     the Gulf of Mexico Executive Council, shall complete an 
     assessment, and submit to Congress a comprehensive report on 
     the performance, of the Program.
       ``(B) Requirements.--The assessment and report described in 
     subparagraph (A) shall--
       ``(i) assess the overall state of the Gulf of Mexico 
     ecosystem;
       ``(ii) compare the current state of the Gulf of Mexico 
     ecosystem with a baseline assessment;
       ``(iii) include specific measures to assess any 
     improvements in water quality and living resources of the 
     Gulf of Mexico ecosystem;
       ``(iv) assess the effectiveness of the Program management 
     strategies being implemented, and the extent to which the 
     priority needs of the region are being met through that 
     implementation; and
       ``(v) make recommendations for the improved management of 
     the Program, including strengthening strategies being 
     implemented or adopting improved strategies.
       ``(f) Budget Item.--The Administrator, in the annual 
     submission to Congress of the budget of the Environmental 
     Protection Agency, shall include a funding line item request 
     for the Program Office as a separate budget line item.
       ``(g) Limitation on Regulatory Authority.--Nothing in this 
     section establishes any new legal or regulatory authority of 
     the Administrator other than the authority to provide grants 
     in accordance with this section.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out subsection (d), to remain available until 
     expended--
       ``(A) $6,000,000 for fiscal year 2012;
       ``(B) $8,000,000 for each of fiscal years 2013 and 2014; 
     and
       ``(C) $10,000,000 for each of fiscal years 2015 and 2016.
       ``(2) Program office.--There is authorized to be 
     appropriated to the Program Office for use in paying 
     operating costs (including costs relating to personnel, 
     operations, and administration) not more than $3,000,000 for 
     each of fiscal years 2012 through 2016.''.

                   Subtitle B--Lake Tahoe Restoration

     SEC. 10211. SHORT TITLE.

       This subtitle may be cited as the ``Lake Tahoe Restoration 
     Act of 2010''.

     SEC. 10212. FINDINGS AND PURPOSES.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 2 and inserting 
     the following:

     ``SEC. 2. FINDINGS AND PURPOSES.

       ``(a) Findings.--Congress finds that--
       ``(1) Lake Tahoe--
       ``(A) is 1 of the largest, deepest, and clearest lakes in 
     the world;
       ``(B) has a cobalt blue color, a biologically diverse 
     alpine setting, and remarkable water clarity; and
       ``(C) is recognized nationally and worldwide as a natural 
     resource of special significance;
       ``(2) in addition to being a scenic and ecological 
     treasure, the Lake Tahoe Basin is 1 of the outstanding 
     recreational resources of the United States, which--
       ``(A) offers skiing, water sports, biking, camping, and 
     hiking to millions of visitors each year; and
       ``(B) contributes significantly to the economies of 
     California, Nevada, and the United States;
       ``(3) the economy in the Lake Tahoe Basin is dependent on 
     the protection and restoration of the natural beauty and 
     recreation opportunities in the area;
       ``(4) the Lake Tahoe Basin continues to be threatened by 
     the impacts of land use and transportation patterns developed 
     in the last century that damage the fragile watershed of the 
     Basin;
       ``(5) the water clarity of Lake Tahoe declined from a 
     visibility level of 105 feet in 1967 to only 70 feet in 2008;
       ``(6) the rate of decline in water clarity of Lake Tahoe 
     has decreased in recent years;
       ``(7) a stable water clarity level for Lake Tahoe could be 
     achieved through feasible control measures for very fine 
     sediment particles and nutrients;
       ``(8) fine sediments that cloud Lake Tahoe, and key 
     nutrients such as phosphorus and nitrogen that support the 
     growth of algae and invasive plants, continue to flow into 
     the lake from stormwater runoff from developed areas, roads, 
     turf, other disturbed land, and streams;
       ``(9) the destruction and alteration of wetland, wet 
     meadows, and stream zone habitat have compromised the natural 
     capacity of the watershed to filter sediment, nutrients, and 
     pollutants before reaching Lake Tahoe;
       ``(10) approximately 25 percent of the trees in the Lake 
     Tahoe Basin are either dead or dying;
       ``(11) forests in the Tahoe Basin suffer from over a 
     century of fire suppression and periodic drought, which have 
     resulted in--
       ``(A) high tree density and mortality;
       ``(B) the loss of biological diversity; and
       ``(C) a large quantity of combustible forest fuels, which 
     significantly increases the threat of catastrophic fire and 
     insect infestation;
       ``(12) the establishment of several aquatic and terrestrial 
     invasive species (including bass, milfoil, and Asian clam) 
     threatens the ecosystem of the Lake Tahoe Basin;
       ``(13) there is an ongoing threat to the Lake Tahoe Basin 
     of the introduction and establishment of other invasive 
     species (such as the zebra mussel, New Zealand mud snail, and 
     quagga mussel);
       ``(14) the report prepared by the University of California, 
     Davis, entitled the `State of the Lake Report', found that 
     conditions in the Lake Tahoe Basin had changed, including--
       ``(A) the average surface water temperature of Lake Tahoe 
     has risen by more than 1.5 degrees Fahrenheit in the past 37 
     years; and
       ``(B) since 1910, the percent of precipitation that has 
     fallen as snow in the Lake Tahoe Basin decreased from 52 
     percent to 34 percent;
       ``(15) 75 percent of the land in the Lake Tahoe Basin is 
     owned by the Federal Government, which makes it a Federal 
     responsibility to restore environmental health to the Basin;
       ``(16) the Federal Government has a long history of 
     environmental preservation at Lake Tahoe, including--
       ``(A) congressional consent to the establishment of the 
     Tahoe Regional Planning Agency with--
       ``(i) the enactment in 1969 of Public Law 91-148 (83 Stat. 
     360); and
       ``(ii) the enactment in 1980 of Public Law 96-551 (94 Stat. 
     3233);
       ``(B) the establishment of the Lake Tahoe Basin Management 
     Unit in 1973;
       ``(C) the enactment of Public Law 96-586 (94 Stat. 3381) in 
     1980 to provide for the acquisition of environmentally 
     sensitive land and erosion control grants in the Lake Tahoe 
     Basin;
       ``(D) the enactment of sections 341 and 342 of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2004 (Public Law 108-108; 117 Stat. 
     1317), which amended the Southern Nevada Public Land 
     Management Act of 1998 (Public Law 105-263; 112 Stat. 2346) 
     to provide payments for the environmental restoration 
     projects under this Act; and
       ``(E) the enactment of section 382 of the Tax Relief and 
     Health Care Act of 2006 (Public Law 109-432; 120 Stat. 3045), 
     which amended the Southern Nevada Public Land Management Act 
     of 1998 (Public Law 105-263; 112 Stat. 2346) to authorize 
     development and implementation of a comprehensive 10-year 
     hazardous fuels and fire prevention plan for the Lake Tahoe 
     Basin;
       ``(17) the Assistant Secretary of the Army for Civil Works 
     was an original signatory in 1997 to the Agreement of Federal 
     Departments on Protection of the Environment and Economic 
     Health of the Lake Tahoe Basin;
       ``(18) the Chief of Engineers, under direction from the 
     Assistant Secretary of the Army for Civil Works, has 
     continued to be a significant contributor to Lake Tahoe Basin 
     restoration, including--
       ``(A) stream and wetland restoration;
       ``(B) urban stormwater conveyance and treatment; and
       ``(C) programmatic technical assistance;
       ``(19) at the Lake Tahoe Presidential Forum in 1997, the 
     President renewed the commitment of the Federal Government to 
     Lake Tahoe by--
       ``(A) committing to increased Federal resources for 
     environmental restoration at Lake Tahoe; and
       ``(B) establishing the Federal Interagency Partnership and 
     Federal Advisory Committee to consult on natural resources 
     issues concerning the Lake Tahoe Basin;
       ``(20) at the 2008 and 2009 Lake Tahoe Forums, Senator 
     Reid, Senator Feinstein, Senator Ensign, and Governor 
     Gibbons--
       ``(A) renewed their commitment to Lake Tahoe; and
       ``(B) expressed their desire to fund the Federal share of 
     the Environmental Improvement Program through 2018;
       ``(21) since 1997, the Federal Government, the States of 
     California and Nevada, units of local government, and the 
     private sector have contributed more than $1,430,000,000 to 
     the Lake Tahoe Basin, including--
       ``(A) $424,000,000 from the Federal Government;
       ``(B) $612,000,000 from the State of California;
       ``(C) $87,000,000 from the State of Nevada;
       ``(D) $59,000,000 from units of local government; and
       ``(E) $249,000,000 from private interests;
       ``(22) significant additional investment from Federal, 
     State, local, and private sources is necessary--
       ``(A) to restore and sustain the environmental health of 
     the Lake Tahoe Basin;
       ``(B) to adapt to the impacts of changing climatic 
     conditions; and

[[Page 22662]]

       ``(C) to protect the Lake Tahoe Basin from the introduction 
     and establishment of invasive species; and
       ``(23) the Secretary has indicated that the Lake Tahoe 
     Basin Management Unit has the capacity for at least 
     $10,000,000 and up to $20,000,000 annually for the Fire Risk 
     Reduction and Forest Management Program.
       ``(b) Purposes.--The purposes of this Act are--
       ``(1) to enable the Chief of the Forest Service, the 
     Director of the United States Fish and Wildlife Service, and 
     the Administrator of the Environmental Protection Agency, in 
     cooperation with the Planning Agency and the States of 
     California and Nevada, to fund, plan, and implement 
     significant new environmental restoration activities and 
     forest management activities to address in the Lake Tahoe 
     Basin the issues described in paragraphs (4) through (14) of 
     subsection (a);
       ``(2) to ensure that Federal, State, local, regional, 
     tribal, and private entities continue to work together to 
     manage land in the Lake Tahoe Basin and to coordinate on 
     other activities in a manner that supports achievement and 
     maintenance of--
       ``(A) the environmental threshold carrying capacities for 
     the region; and
       ``(B) other applicable environmental standards and 
     objectives;
       ``(3) to support local governments in efforts related to 
     environmental restoration, stormwater pollution control, fire 
     risk reduction, and forest management activities; and
       ``(4) to ensure that agency and science community 
     representatives in the Lake Tahoe Basin work together--
       ``(A) to develop and implement a plan for integrated 
     monitoring, assessment, and applied research to evaluate the 
     effectiveness of the Environmental Improvement Program; and
       ``(B) to provide objective information as a basis for 
     ongoing decisionmaking, with an emphasis on decisionmaking 
     relating to public and private land use and resource 
     management in the Basin.''.

     SEC. 10213. DEFINITIONS.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 3 and inserting 
     the following:

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency.
       ``(2) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary of the Army for Civil Works.
       ``(3) Chair.--The term `Chair' means the Chair of the 
     Federal Partnership.
       ``(4) Compact.--The term `Compact' means the Tahoe Regional 
     Planning Compact included in the first section of Public Law 
     96-551 (94 Stat. 3233).
       ``(5) Director.--The term `Director' means the Director of 
     the United States Fish and Wildlife Service.
       ``(6) Environmental improvement program.--The term 
     `Environmental Improvement Program' means--
       ``(A) the Environmental Improvement Program adopted by the 
     Planning Agency; and
       ``(B) any amendments to the Program.
       ``(7) Environmental threshold carrying capacity.--The term 
     `environmental threshold carrying capacity' has the meaning 
     given the term in article II of the compact.
       ``(8) Federal partnership.--The term `Federal Partnership' 
     means the Lake Tahoe Federal Interagency Partnership 
     established by Executive Order 13957 (62 Fed. Reg. 41249) (or 
     a successor Executive order).
       ``(9) Forest management activity.--The term `forest 
     management activity' includes--
       ``(A) prescribed burning for ecosystem health and hazardous 
     fuels reduction;
       ``(B) mechanical and minimum tool treatment;
       ``(C) road decommissioning or reconstruction;
       ``(D) stream environment zone restoration and other 
     watershed and wildlife habitat enhancements;
       ``(E) nonnative invasive species management; and
       ``(F) other activities consistent with Forest Service 
     practices, as the Secretary determines to be appropriate.
       ``(10) National wildland fire code.--The term `national 
     wildland fire code' means--
       ``(A) the most recent publication of the National Fire 
     Protection Association code numbered 1141, 1142, or 1144;
       ``(B) the most recent publication of the International 
     Wildland-Urban Interface Code of the International Code 
     Council; or
       ``(C) any other code that the Secretary determines provides 
     the same, or better, standards for protection against 
     wildland fire as a code described in subparagraph (A) or (B).
       ``(11) Planning agency.--The term `Planning Agency' means 
     the Tahoe Regional Planning Agency established under Public 
     Law 91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 
     3233).
       ``(12) Priority list.--The term `Priority List' means the 
     environmental restoration priority list developed under 
     section 8.
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       ``(14) Total maximum daily load.--The term `total maximum 
     daily load' means the total maximum daily load allocations 
     adopted under section 303(d) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313(d)).
       ``(15) Stream environment zone.--The term `Stream 
     Environment Zone' means an area that generally owes the 
     biological and physical characteristics of the area to the 
     presence of surface water or groundwater.
       ``(16) Watercraft.--The term `watercraft' means all 
     motorized and non-motorized watercraft, including boats, 
     personal watercraft, kayaks, and canoes.''.

     SEC. 10214. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT 
                   UNIT.

       Section 4 of the Lake Tahoe Restoration Act (Public Law 
     106-506; 114 Stat. 2353) is amended--
       (1) in subsection (b)(3), by striking ``basin'' and 
     inserting ``Basin''; and
       (2) by adding at the end the following:
       ``(c) Transit.--
       ``(1) In general.--The Lake Tahoe Basin Management Unit 
     shall, consistent with the regional transportation plan 
     adopted by the Planning Agency, manage vehicular parking and 
     traffic in the Lake Tahoe Basin Management Unit, with 
     priority given--
       ``(A) to improving public access to the Lake Tahoe Basin, 
     including the prioritization of alternatives to the private 
     automobile, consistent with the requirements of the Compact;
       ``(B) to coordinating with the Nevada Department of 
     Transportation, Caltrans, State parks, and other entities 
     along Nevada Highway 28 and California Highway 89; and
       ``(C) to providing support and assistance to local public 
     transit systems in the management and operations of 
     activities under this subsection.
       ``(2) National forest transit program.--Consistent with the 
     support and assistance provided under paragraph (1)(C), the 
     Secretary, in consultation with the Secretary of 
     Transportation, may enter into a contract, cooperative 
     agreement, interagency agreement, or other agreement with the 
     Department of Transportation to secure operating and capital 
     funds from the National Forest Transit Program.
       ``(d) Forest Management Activities.--
       ``(1) Coordination.--
       ``(A) In general.--In conducting forest management 
     activities in the Lake Tahoe Basin Management Unit, the 
     Secretary shall, as appropriate, coordinate with the 
     Administrator and State and local agencies and organizations, 
     including local fire departments and volunteer groups.
       ``(B) Goals.--The coordination of activities under 
     subparagraph (A) should aim to increase efficiencies and 
     maximize the compatibility of management practices across 
     public property boundaries.
       ``(2) Multiple benefits.--
       ``(A) In general.--In conducting forest management 
     activities in the Lake Tahoe Basin Management Unit, the 
     Secretary shall conduct the activities in a manner that--
       ``(i) except as provided in subparagraph (B), attains 
     multiple ecosystem benefits, including--

       ``(I) reducing forest fuels;
       ``(II) maintaining or restoring biological diversity;
       ``(III) improving wetland and water quality, including in 
     Stream Environment Zones; and
       ``(IV) increasing resilience to changing climatic 
     conditions; and

       ``(ii) helps achieve and maintain the environmental 
     threshold carrying capacities established by the Planning 
     Agency.
       ``(B) Exception.--Notwithstanding subparagraph (A)(i), the 
     attainment of multiple ecosystem benefits shall not be 
     required if the Secretary determines that management for 
     multiple ecosystem benefits would excessively increase the 
     cost of a project in relation to the additional ecosystem 
     benefits gained from the management activity.
       ``(3) Ground disturbance.--Consistent with applicable 
     Federal law and Lake Tahoe Basin Management Unit land and 
     resource management plan direction, the Secretary shall--
       ``(A) establish post-project ground condition criteria for 
     ground disturbance caused by forest management activities; 
     and
       ``(B) provide for monitoring to ascertain the attainment of 
     the post-project conditions.
       ``(e) Withdrawal of Federal Land.--
       ``(1) In general.--Subject to valid existing rights and 
     paragraph (2), the Federal land located in the Lake Tahoe 
     Basin Management Unit is withdrawn from--
       ``(A) all forms of entry, appropriation, or disposal under 
     the public land laws;
       ``(B) location, entry, and patent under the mining laws; 
     and
       ``(C) disposition under all laws relating to mineral and 
     geothermal leasing.
       ``(2) Determination.--
       ``(A) In general.--The withdrawal under paragraph (1) shall 
     be in effect until the date on which the Secretary, after 
     conducting a review of all Federal land in the Lake Tahoe 
     Basin Management Unit and receiving public input, has made a 
     determination on which parcels of Federal land should remain 
     withdrawn.
       ``(B) Requirements.--The determination of the Secretary 
     under subparagraph (A)--

[[Page 22663]]

       ``(i) shall be effective beginning on the date on which the 
     determination is issued;
       ``(ii) may be altered by the Secretary as the Secretary 
     determines to be necessary; and
       ``(iii) shall not be subject to administrative renewal.
       ``(f) Environmental Threshold Carrying Capacity.--The Lake 
     Tahoe Basin Management Unit shall support the attainment of 
     the environmental threshold carrying capacities.
       ``(g) Cooperative Authorities.--
       ``(1) In general.--During the 4 fiscal years following the 
     date of enactment of the Lake Tahoe Restoration Act of 2010, 
     the Secretary, in conjunction with land adjustment projects 
     or programs, may enter into contracts and cooperative 
     agreements with States, units of local government, and other 
     public and private entities to provide for fuel reduction, 
     erosion control, reforestation, Stream Environment Zone 
     restoration, and similar management activities on Federal 
     land and non-Federal land within the projects or programs.
       ``(2) Report on land status.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of the Lake Tahoe Restoration Act of 2010, the 
     Secretary shall submit to Congress a report regarding the 
     management of land in the Lake Tahoe Basin Management Unit 
     Urban Lots Program, including--
       ``(i) a description of future plans and recent actions for 
     land consolidation and adjustment; and
       ``(ii) the identification of any obstacles to desired 
     conveyances or interchanges.
       ``(B) Inclusions.--The report submitted under subparagraph 
     (A) may contain recommendations for additional legislative 
     authority.
       ``(C) Effect.--Nothing in this paragraph delays the 
     conveyance of parcels under--
       ``(i) the authority of this Act; or
       ``(ii) any other authority available to the Secretary.
       ``(3) Supplemental authority.--The authority of this 
     subsection is supplemental to all other cooperative 
     authorities of the Secretary.''.

     SEC. 10215. CONSULTATION.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 5 and inserting 
     the following:

     ``SEC. 5. CONSULTATION.

       ``In carrying out this Act, the Secretary, the 
     Administrator, and the Director shall, as appropriate and in 
     a timely manner, consult with the heads of the Washoe Tribe, 
     applicable Federal, State, regional, and local governmental 
     agencies, and the Lake Tahoe Federal Advisory Committee.''.

     SEC. 10216. AUTHORIZED PROJECTS.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 6 and inserting 
     the following:

     ``SEC. 6. AUTHORIZED PROJECTS.

       ``(a) In General.--The Secretary, the Director, and the 
     Administrator, in coordination with the Planning Agency and 
     the States of California and Nevada, may carry out or provide 
     financial assistance to any project or program described in 
     subsection (c) or included in the Priority List under section 
     8 to further the purposes of the Environmental Improvement 
     Program if the project has been subject to environmental 
     review and approval, respectively, as required under Federal 
     law, article 7 of the Compact, and State law, as applicable. 
     The Administrator shall use no more than three percent of the 
     funds provided for administering the projects or programs 
     described in subsection (c)(1) and (2).
       ``(b) Monitoring and Assessment.--All projects authorized 
     under subsection (c) and section 8 shall--
       ``(1) include funds for monitoring and assessment of the 
     results and effectiveness at the project and program level 
     consistent with the program developed under section 11; and
       ``(2) use the integrated multiagency performance measures 
     established under that section.
       ``(c) Description of Activities.--
       ``(1) Stormwater management, erosion control, and total 
     maximum daily load implementation.--Of the amounts made 
     available under section 18(a), $40,000,000 shall be made 
     available for grants by the Administrator for the Federal 
     share of the following projects:
       ``(A) Bijou Stormwater Improvement Project in the City of 
     South Lake Tahoe, California.
       ``(B) Christmas Valley Stormwater Improvement Project in El 
     Dorado County, California.
       ``(C) Kings Beach Watershed Improvement Project in Placer 
     County, California.
       ``(D) Lake Forest Stormwater and Watershed Improvement 
     Project in Placer County, California.
       ``(E) Crystal Bay Stormwater Improvement Project in Washoe 
     County, Nevada.
       ``(F) Washoe County Stormwater Improvement Projects 4, 5, 
     and 6 in Washoe County, Nevada.
       ``(G) Upper and Lower Kingsbury Project in Douglas County, 
     Nevada.
       ``(H) Lake Village Drive-Phase II Stormwater Improvement in 
     Douglas County, Nevada.
       ``(I) State Route 28 Spooner to Sand Harbor Stormwater 
     Improvement, Washoe County, Nevada.
       ``(J) State Route 431 Stormwater Improvement, Washoe 
     County, Nevada.
       ``(2) Stream environment zone and watershed restoration.--
     Of the amounts made available under section 18(a), 
     $32,000,000 shall be made available for grants by the 
     Administrator for the Federal share of the following 
     projects:
       ``(A) Upper Truckee River and Marsh Restoration Project.
       ``(B) Upper Truckee River Mosher, Reaches 1 & 2.
       ``(C) Upper Truckee River Sunset Stables.
       ``(D) Lower Blackwood Creek Restoration Project.
       ``(E) Ward Creek.
       ``(F) Third Creek/Incline Creek Watershed Restoration.
       ``(G) Rosewood Creek Restoration Project.
       ``(3) Fire risk reduction and forest management.--
       ``(A) In general.--Of the amounts made available under 
     section 18(a), $136,000,000 shall be made available for 
     assistance by the Secretary for the following projects:
       ``(i) Projects identified as part of the Lake Tahoe Basin 
     Multi-Jurisdictional Fuel Reduction and Wildfire Prevention 
     Strategy 10-Year Plan.
       ``(ii) Competitive grants for fuels work to be awarded by 
     the Secretary to communities that have adopted national 
     wildland fire codes to implement the applicable portion of 
     the 10-year plan described in clause (i).
       ``(iii) Biomass projects, including feasibility assessments 
     and transportation of materials.
       ``(iv) Angora Fire Restoration projects under the 
     jurisdiction of the Secretary.
       ``(v) Washoe Tribe projects on tribal lands within the Lake 
     Tahoe Basin.
       ``(B) Multiple benefit fuels projects.--Consistent with the 
     requirements of section 4(d)(2), not more than $10,000,000 of 
     the amounts made available to carry out subparagraph (A) 
     shall be available to the Secretary for the planning and 
     implementation of multiple benefit fuels projects with an 
     emphasis on restoration projects in Stream Environment Zones.
       ``(C) Minimum allocation.--Of the amounts made available to 
     carry out subparagraph (A), at least $80,000,000 shall be 
     made available to the Secretary for projects under 
     subparagraph (A)(i).
       ``(D) Priority.--Units of local government that have 
     dedicated funding for inspections and enforcement of 
     defensible space regulations shall be given priority for 
     amounts provided under this paragraph.
       ``(E) Cost-sharing requirements.--As a condition on the 
     receipt of funds, communities or local fire districts that 
     receive funds under this paragraph shall provide a 25 percent 
     match.
       ``(4) Invasive species management.--Of the amounts to be 
     made available under section 18(a), $20,500,000 shall be made 
     available to the Director for the Aquatic Invasive Species 
     Program and the watercraft inspections described in section 
     9.
       ``(5) Special status species management.--Of the amounts to 
     be made available under section 18(a), $20,000,000 shall be 
     made available to the Director for the Lahontan Cutthroat 
     Trout Recovery Program.
       ``(6) Lake tahoe basin program.--Of the amounts to be made 
     available under section 18(a), $30,000,000 shall be used to 
     develop and implement the Lake Tahoe Basin Program developed 
     under section 11.
       ``(d) Use of Remaining Funds.--Any amounts made available 
     under section 18(a) that remain available after projects 
     described in subsection (c) have been funded shall be made 
     available for projects included in the Priority List under 
     section 8.''.

     SEC. 10217. ENVIRONMENTAL RESTORATION PRIORITY LIST.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended--
       (1) by striking sections 8 and 9;
       (2) by redesignating sections 10, 11, and 12 as sections 
     16, 17, and 18, respectively; and
       (3) by inserting after section 7 the following:

     ``SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST.

       ``(a) Funding.--Subject to section 6(d), of the amounts to 
     be made available under section 18(a), at least $136,000,000 
     shall be made available for projects identified on the 
     Priority List.
       ``(b) Deadline.--Not later than February 15 of the year 
     after the date of enactment of the Lake Tahoe Restoration Act 
     of 2010, the Chair, in consultation with the Secretary, the 
     Administrator, the Director, the Planning Agency, the States 
     of California and Nevada, the Federal Partnership, the Washoe 
     Tribe, the Lake Tahoe Federal Advisory Committee, and the 
     Tahoe Science Consortium shall submit to Congress a 
     prioritized list of all Environmental Improvement Program 
     projects for the Lake Tahoe Basin, regardless of program 
     category.
       ``(c) Criteria.--
       ``(1) In general.--The priority of projects included in the 
     Priority List shall be based on the best available science 
     and the following criteria:

[[Page 22664]]

       ``(A) The 5-year threshold carrying capacity evaluation.
       ``(B) The ability to measure progress or success of the 
     project.
       ``(C) The potential to significantly contribute to the 
     achievement and maintenance of the environmental threshold 
     carrying capacities identified in the Compact for--
       ``(i) air quality;
       ``(ii) fisheries;
       ``(iii) noise;
       ``(iv) recreation;
       ``(v) scenic resources;
       ``(vi) soil conservation;
       ``(vii) forest health;
       ``(viii) water quality; and
       ``(ix) wildlife.
       ``(D) The ability of a project to provide multiple 
     benefits.
       ``(E) The ability of a project to leverage non-Federal 
     contributions.
       ``(F) Stakeholder support for the project.
       ``(G) The justification of Federal interest.
       ``(H) Agency priority.
       ``(I) Agency capacity.
       ``(J) Cost-effectiveness.
       ``(K) Federal funding history.
       ``(2) Secondary factors.--In addition to the criteria under 
     paragraph (1), the Chair shall, as the Chair determines to be 
     appropriate, give preference to projects in the Priority List 
     that benefit existing neighborhoods in the Basin that are at 
     or below regional median income levels, based on the most 
     recent census data available.
       ``(3) Erosion control projects.--For purposes of the 
     Priority List and section 6(c)(1), erosion control projects 
     shall be considered part of the stormwater management and 
     total maximum daily load program of the Environmental 
     Improvement Program. The Administrator shall coordinate with 
     the Secretary on such projects.
       ``(d) Revisions.--
       ``(1) In general.--The Priority List submitted under 
     subsection (b) shall be revised--
       ``(A) every 4 years; or
       ``(B) on a finding of compelling need under paragraph (2).
       ``(2) Finding of compelling need.--
       ``(A) In general.--If the Secretary, the Administrator, or 
     the Director makes a finding of compelling need justifying a 
     priority shift and the finding is approved by the Secretary, 
     the Executive Director of the Planning Agency, the California 
     Natural Resources Secretary, and the Director of the Nevada 
     Department of Conservation, the Priority List shall be 
     revised in accordance with this subsection.
       ``(B) Inclusions.--A finding of compelling need includes--
       ``(i) major scientific findings;
       ``(ii) results from the threshold evaluation of the 
     Planning Agency;
       ``(iii) emerging environmental threats; and
       ``(iv) rare opportunities for land acquisition.

     ``SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION.

       ``(a) In General.--Not later than 60 days after the date of 
     enactment of the Lake Tahoe Restoration Act of 2010, the 
     Director, in coordination with the Planning Agency, the 
     California Department of Fish and Game, and the Nevada 
     Department of Wildlife, shall deploy strategies that meet or 
     exceed the criteria described in subsection (b) for 
     preventing the introduction of aquatic invasive species into 
     the Lake Tahoe Basin.
       ``(b) Criteria.--The strategies referred to in subsection 
     (a) shall provide that--
       ``(1) combined inspection and decontamination stations be 
     established and operated at not less than 2 locations in the 
     Lake Tahoe Basin;
       ``(2) watercraft not be allowed to launch in waters of the 
     Lake Tahoe Basin if the watercraft--
       ``(A) has been in waters infested by quagga or zebra 
     mussels;
       ``(B) shows evidence of invasive species that the Director 
     has determined would be detrimental to the Lake Tahoe 
     ecosystem; or
       ``(C) cannot be reliably decontaminated in accordance with 
     paragraph (3);
       ``(3) subject to paragraph (4), all watercraft surfaces and 
     appurtenance (such as anchors and fenders) that contact with 
     water shall be reliably decontaminated, based on standards 
     developed by the Director using the best available science;
       ``(4) watercraft bearing positive verification of having 
     last launched within the Lake Tahoe Basin may be exempted 
     from decontamination under paragraph (3); and
       ``(5) while in the Lake Tahoe Basin, all watercraft 
     maintain documentation of compliance with the strategies 
     deployed under this section.
       ``(c) Certification.--The Director may certify State 
     agencies to perform the decontamination activities described 
     in subsection (b)(3) at locations outside the Lake Tahoe 
     Basin if standards at the sites meet or exceed standards for 
     similar sites in the Lake Tahoe Basin established under this 
     section.
       ``(d) Applicability.--The strategies and criteria developed 
     under this section shall apply to all watercraft to be 
     launched on water within the Lake Tahoe Basin.
       ``(e) Fees.--The Director may collect and spend fees for 
     decontamination only at a level sufficient to cover the costs 
     of operation of inspection and decontamination stations under 
     this section.
       ``(f) Civil Penalties.--
       ``(1) In general.--Any person that launches, attempts to 
     launch, or facilitates launching of watercraft not in 
     compliance with strategies deployed under this section shall 
     be liable for a civil penalty in an amount not to exceed 
     $1,000 per violation.
       ``(2) Other authorities.--Any penalties assessed under this 
     subsection shall be separate from penalties assessed under 
     any other authority.
       ``(g) Limitation.--The strategies and criteria under 
     subsections (a) and (b), respectively, may be modified if the 
     Secretary of the Interior, in a nondelegable capacity and in 
     consultation with the Planning Agency and State governments, 
     issues a determination that alternative measures will be no 
     less effective at preventing introduction of aquatic invasive 
     species into Lake Tahoe than the strategies and criteria.
       ``(h) Funding.--Of the amounts made available under section 
     6(c)(4), not more than $500,000 shall be made available to 
     the Director, in coordination with the Planning Agency and 
     State governments--
       ``(1) to evaluate the feasibility, cost, and potential 
     effectiveness of further efforts that could be undertaken by 
     the Federal Government, State and local governments, or 
     private entities to guard against introduction of aquatic 
     invasive species into Lake Tahoe, including the potential 
     establishment of inspection and decontamination stations on 
     major transitways entering the Lake Tahoe Basin; and
       ``(2) to evaluate and identify options for ensuring that 
     all waters connected to Lake Tahoe are protected from quagga 
     and zebra mussels and other aquatic invasive species.
       ``(i) Supplemental Authority.--The authority under this 
     section is supplemental to all actions taken by non-Federal 
     regulatory authorities.
       ``(j) Savings Clause.--Nothing in this title shall be 
     construed as restricting, affecting, or amending any other 
     law or the authority of any department, instrumentality, or 
     agency of the United States, or any State or political 
     subdivision thereof, respecting the control of invasive 
     species.

     ``SEC. 10. ARMY CORPS OF ENGINEERS; INTERAGENCY AGREEMENTS.

       ``(a) In General.--The Assistant Secretary may enter into 
     interagency agreements with non-Federal interests in the Lake 
     Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous 
     General Investigations funds to provide programmatic 
     technical assistance for the Environmental Improvement 
     Program.
       ``(b) Local Cooperation Agreements.--
       ``(1) In general.--Before providing technical assistance 
     under this section, the Assistant Secretary shall enter into 
     a local cooperation agreement with a non-Federal interest to 
     provide for the technical assistance.
       ``(2) Components.--The agreement entered into under 
     paragraph (1) shall--
       ``(A) describe the nature of the technical assistance;
       ``(B) describe any legal and institutional structures 
     necessary to ensure the effective long-term viability of the 
     end products by the non-Federal interest; and
       ``(C) include cost-sharing provisions in accordance with 
     paragraph (3).
       ``(3) Federal share.--
       ``(A) In general.--The Federal share of project costs under 
     each local cooperation agreement under this subsection shall 
     be 65 percent.
       ``(B) Form.--The Federal share may be in the form of 
     reimbursements of project costs.
       ``(C) Credit.--The non-Federal interest may receive credit 
     toward the non-Federal share for the reasonable costs of 
     related technical activities completed by the non-Federal 
     interest before entering into a local cooperation agreement 
     with the Assistant Secretary under this subsection.

     ``SEC. 11. LAKE TAHOE BASIN PROGRAM.

       ``The Administrator, in cooperation with the Secretary, the 
     Planning Agency, the States of California and Nevada, and the 
     Tahoe Science Consortium, shall develop and implement the 
     Lake Tahoe Basin Program that--
       ``(1) develops and regularly updates an integrated 
     multiagency programmatic assessment and monitoring plan--
       ``(A) to evaluate the effectiveness of the Environmental 
     Improvement Program;
       ``(B) to evaluate the status and trends of indicators 
     related to environmental threshold carrying capacities; and
       ``(C) to assess the impacts and risks of changing climatic 
     conditions and invasive species;
       ``(2) develops a comprehensive set of performance measures 
     for Environmental Improvement Program assessment;
       ``(3) coordinates the development of the annual report 
     described in section 13;
       ``(4) produces and synthesizes scientific information 
     necessary for--
       ``(A) the identification and refinement of environmental 
     indicators for the Lake Tahoe Basin; and
       ``(B) the evaluation of standards and benchmarks;
       ``(5) conducts applied research, programmatic technical 
     assessments, scientific data management, analysis, and 
     reporting related to key management questions;

[[Page 22665]]

       ``(6) develops new tools and information to support 
     objective assessments of land use and resource conditions;
       ``(7) provides scientific and technical support to the 
     Federal Government and State and local governments in--
       ``(A) reducing stormwater runoff, air deposition, and other 
     pollutants that contribute to the loss of lake clarity; and
       ``(B) the development and implementation of an integrated 
     stormwater monitoring and assessment program;
       ``(8) establishes and maintains independent peer review 
     processes--
       ``(A) to evaluate the Environmental Improvement Program; 
     and
       ``(B) to assess the technical adequacy and scientific 
     consistency of central environmental documents, such as the 
     5-year threshold review; and
       ``(9) provides scientific and technical support for the 
     development of appropriate management strategies to 
     accommodate changing climatic conditions in the Lake Tahoe 
     Basin.

     ``SEC. 12. PUBLIC OUTREACH AND EDUCATION.

       ``(a) In General.--The Secretary, Administrator, and 
     Director will coordinate with the Planning Agency to conduct 
     public education and outreach programs, including 
     encouraging--
       ``(1) owners of land and residences in the Lake Tahoe 
     Basin--
       ``(A) to implement defensible space; and
       ``(B) to conduct best management practices for water 
     quality; and
       ``(2) owners of land and residences in the Lake Tahoe Basin 
     and visitors to the Lake Tahoe Basin, to help prevent the 
     introduction and proliferation of invasive species as part of 
     the private share investment in the Environmental Improvement 
     Program.
       ``(b) Required Coordination.--Public outreach and education 
     programs for aquatic invasive species under this section 
     shall--
       ``(1) be coordinated with Lake Tahoe Basin tourism and 
     business organizations; and
       ``(2) include provisions for the programs to extend outside 
     of the Lake Tahoe Basin.

     ``SEC. 13. REPORTING REQUIREMENTS.

       ``Not later than February 15 of each year, the 
     Administrator, in cooperation with the Chair, the Secretary, 
     the Director, the Planning Agency, and the States of 
     California and Nevada, consistent with section 6(c)(6) and 
     section 11, shall submit to Congress a report that 
     describes--
       ``(1) the status of all Federal, State, local, and private 
     projects authorized under this Act, including to the maximum 
     extent practicable, for projects that will receive Federal 
     funds under this Act during the current or subsequent fiscal 
     year--
       ``(A) the project scope;
       ``(B) the budget for the project; and
       ``(C) the justification for the project, consistent with 
     the criteria established in section 8(c)(1);
       ``(2) Federal, State, local, and private expenditures in 
     the preceding fiscal year to implement the Environmental 
     Improvement Program and projects otherwise authorized under 
     this Act;
       ``(3) accomplishments in the preceding fiscal year in 
     implementing this Act in accordance with the performance 
     measures and other monitoring and assessment activities; and
       ``(4) public education and outreach efforts undertaken to 
     implement programs and projects authorized under this Act.

     ``SEC. 14. ANNUAL BUDGET PLAN.

       ``As part of the annual budget of the President, the 
     President shall submit information regarding each Federal 
     agency involved in the Environmental Improvement Program 
     (including the Forest Service, the Environmental Protection 
     Agency, and the United States Fish and Wildlife Service), 
     including--
       ``(1) an interagency crosscut budget that displays the 
     proposed budget for use by each Federal agency in carrying 
     out restoration activities relating to the Environmental 
     Improvement Program for the following fiscal year;
       ``(2) a detailed accounting of all amounts received and 
     obligated by Federal agencies to achieve the goals of the 
     Environmental Improvement Program during the preceding fiscal 
     year; and
       ``(3) a description of the Federal role in the 
     Environmental Improvement Program, including the specific 
     role of each agency involved in the restoration of the Lake 
     Tahoe Basin.

     ``SEC. 15. GRANT FOR WATERSHED STRATEGY.

       ``(a) In General.--Of the amounts to be made available 
     under section 18(a), the Administrator shall use not more 
     than $500,000 to provide a grant, on a competitive basis, to 
     States, federally recognized Indian tribes, interstate 
     agencies, other public or nonprofit agencies and 
     institutions, or institutions of higher education to develop 
     a Lake Tahoe Basin watershed strategy in coordination with 
     the Planning Agency, the States of California and Nevada, and 
     the Secretary.
       ``(b) Comment.--In developing the watershed strategy under 
     subsection (a), the grant recipients shall provide an 
     opportunity for public review and comment.
       ``(c) Components.--The watershed strategy developed under 
     subsection (a) shall include--
       ``(1) a classification system, inventory, and assessment of 
     stream environment zones;
       ``(2) comprehensive watershed characterization and 
     restoration priorities consistent with--
       ``(A) the Lake Tahoe total maximum daily load; and
       ``(B) the environmental threshold carrying capacities of 
     Lake Tahoe;
       ``(3) a monitoring and assessment program consistent with 
     section 11; and
       ``(4) an adaptive management system--
       ``(A) to measure and evaluate progress; and
       ``(B) to adjust the program.
       ``(d) Deadline.--The watershed strategy developed under 
     subsection (a) shall be completed by the date that is 2 years 
     after the date on which funds are made available to carry out 
     this section.''.

     SEC. 10218. RELATIONSHIP TO OTHER LAWS.

       Section 17 of The Lake Tahoe Restoration Act (Public Law 
     106-506; 114 Stat. 2358) (as redesignated by section 
     10217(2)) is amended by inserting ``, Director, or 
     Administrator'' after ``Secretary''.

     SEC. 10219. AUTHORIZATION OF APPROPRIATIONS.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 18 (as 
     redesignated by section 10217(2)) and inserting the 
     following:

     ``SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to carry out this Act $415,000,000 for a period of 8 fiscal 
     years beginning the first fiscal year after the date of 
     enactment of the Lake Tahoe Restoration Act of 2010.
       ``(b) Effect on Other Funds.--Amounts authorized under this 
     section and any amendments made by this Act--
       ``(1) shall be in addition to any other amounts made 
     available to the Secretary, Administrator, or Director for 
     expenditure in the Lake Tahoe Basin; and
       ``(2) shall not reduce allocations for other Regions of the 
     Forest Service, Environmental Protection Agency, or United 
     States Fish and Wildlife Service.
       ``(c) Cost-Sharing Requirement.--Except as provided in 
     subsection (d) and section 6(c)(3)(E), the States of 
     California and Nevada shall pay 50 percent of the aggregate 
     costs of restoration activities in the Lake Tahoe Basin 
     funded under section 6 or 8.
       ``(d) Relocation Costs.--Notwithstanding subsection (c), 
     the Secretary shall provide to local utility districts \2/3\ 
     the costs of relocating facilities in connection with--
       ``(1) environmental restoration projects under sections 6 
     and 8; and
       ``(2) erosion control projects under section 2 of Public 
     Law 96-586 (94 Stat. 3381).
       ``(e) Signage.--To the maximum extent practicable, a 
     project provided assistance under this Act shall include 
     appropriate signage at the project site that--
       ``(1) provides information to the public on--
       ``(A) the amount of Federal funds being provided to the 
     project; and
       ``(B) this Act; and
       ``(2) displays the visual identity mark of the 
     Environmental Improvement Program.''.

     SEC. 10220. CONFORMING AMENDMENTS.

       (a) Administration of Acquired Land.--Section 3(b) of 
     Public Law 96-586 (94 Stat. 3384) is amended--
       (1) by striking ``(b) Lands'' and inserting the following:
       ``(b) Administration of Acquired Land.--
       ``(1) In general.--Land''; and
       (2) by adding at the end the following:
       ``(2) Interchange.--
       ``(A) In general.--Notwithstanding paragraph (1), the 
     Secretary of Agriculture (acting through the Chief of the 
     Forest Service) (referred to in this paragraph as the 
     `Secretary') may interchange (as defined in the first section 
     of Public Law 97-465 (16 U.S.C. 521c)) any land or interest 
     in land within the Lake Tahoe Basin Management Unit described 
     in subparagraph (B) with appropriate units of State 
     government.
       ``(B) Eligible land.--The land or interest in land referred 
     to in subparagraph (A) is land or an interest in land that 
     the Secretary determines is not subject to efficient 
     administration by the Secretary because of the location or 
     size of the land.
       ``(C) Requirements.--In any interchange under this 
     paragraph, the Secretary shall--
       ``(i) insert in the applicable deed such terms, covenants, 
     conditions, and reservations as the Secretary determines to 
     be necessary to ensure--

       ``(I) protection of the public interest, including 
     protection of the scenic, wildlife, and recreational values 
     of the National Forest System; and
       ``(II) the provision for appropriate access to, and use of, 
     land within the National Forest System;

       ``(ii) receive land within the Lake Tahoe Basin of 
     approximately equal value (as defined in accordance with 
     section 6(2) of Public Law 97-465 (96 Stat. 2535)); and
       ``(iii) for the purposes of any environmental assessment--

       ``(I) assume the maintenance of the environmental status 
     quo; and
       ``(II) not be required to individually assess each parcel 
     that is managed under the Lake Tahoe Basin Management Unit 
     Urban Lots Program.

[[Page 22666]]

       ``(D) Use of land acquired by units of state government.--
     Any unit of State government that receives National Forest 
     System land through an exchange or transfer under this 
     paragraph shall not convey the land to any person or entity 
     other than the Federal Government or a State government.''.
       (b) Interagency Agreement Funding.--Section 108(g) of title 
     I of division C of the Consolidated Appropriations Act, 2005 
     (Public Law 108-447; 118 Stat. 2942) is amended by striking 
     ``$25,000,000'' and inserting ``$75,000,000''.

                      Subtitle C--Clean Estuaries

     SEC. 10221. SHORT TITLE.

       This subtitle may be cited as the ``Clean Estuaries Act of 
     2010''.

     SEC. 10222. NATIONAL ESTUARY PROGRAM AMENDMENTS.

       (a) Purposes of Conference.--
       (1) Development of comprehensive conservation and 
     management plans.--Section 320(b) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1330(b)) is amended by 
     striking paragraph (4) and inserting the following:
       ``(4) develop and submit to the Administrator a 
     comprehensive conservation and management plan that--
       ``(A) identifies the estuary and the associated upstream 
     waters of the estuary to be addressed by the plan, with 
     consideration given to hydrological boundaries;
       ``(B) recommends priority protection, conservation, and 
     corrective actions and compliance schedules that address 
     point and nonpoint sources of pollution--
       ``(i) to restore and maintain the chemical, physical, and 
     biological integrity of the estuary, including--

       ``(I) restoration and maintenance of water quality, 
     including wetlands and natural hydrologic flows;
       ``(II) a resilient and diverse indigenous population of 
     shellfish, fish, and wildlife; and
       ``(III) recreational activities in the estuary; and

       ``(ii) to ensure that the designated uses of the estuary 
     are protected;
       ``(C)(i) identifies healthy and impaired watershed 
     components, including significant impairments that are 
     outside the area addressed by the plan that could affect the 
     water quality and ecological integrity of the estuary, and 
     the sources of those impairments, by carrying out integrated 
     assessments that include assessments of--
       ``(I) aquatic habitat and biological integrity;
       ``(II) water quality; and
       ``(III) natural hydrologic flows; and
       ``(ii) provides the applicable Federal or State authority 
     with information on any identified impairments and the 
     sources of those impairments;
       ``(D) considers current and future sustainable commercial 
     activities in the estuary;
       ``(E) addresses the impacts of climate change on the 
     estuary, including--
       ``(i) the identification and assessment of vulnerabilities 
     in the estuary;
       ``(ii) the development and implementation of adaptation 
     strategies; and
       ``(iii) the impacts of changes in sea level on estuarine 
     water quality, estuarine habitat, and infrastructure located 
     in the estuary;
       ``(F) increases public education and awareness with respect 
     to--
       ``(i) the ecological health of the estuary;
       ``(ii) the water quality conditions of the estuary; and
       ``(iii) ocean, estuarine, land, and atmospheric connections 
     and interactions;
       ``(G) includes performance measures and goals to track 
     implementation of the plan; and
       ``(H) includes a coordinated monitoring strategy for 
     Federal, State, and local governments and other entities.''.
       (2) Monitoring and making results available.--Section 
     320(b) of the Federal Water Pollution Control Act (33 U.S.C. 
     1330(b)) is amended by striking paragraph (6) and inserting 
     the following:
       ``(6) monitor (and make results available to the public 
     regarding)--
       ``(A) water quality conditions in the estuary and the 
     associated upstream waters of the estuary identified under 
     paragraph (4)(A);
       ``(B) watershed and habitat conditions that relate to the 
     ecological health and water quality conditions of the 
     estuary; and
       ``(C) the effectiveness of actions taken pursuant to the 
     comprehensive conservation and management plan developed for 
     the estuary under this subsection;''.
       (3) Information and educational activities.--Section 320(b) 
     of the Federal Water Pollution Control Act (33 U.S.C. 
     1330(b)) is amended--
       (A) by redesignating paragraph (7) as paragraph (8); and
       (B) by inserting after paragraph (6) the following:
       ``(7) provide information and educational activities on the 
     ecological health and water quality conditions of the 
     estuary; and''.
       (4) Conforming amendment.--The sentence following section 
     320(b)(8) of the Federal Water Pollution Control Act (as so 
     redesignated) (33 U.S.C. 1330(b)(8)) is amended by striking 
     ``paragraph (7)'' and inserting ``paragraph (8)''.
       (b) Members of Conference; Collaborative Processes.--
       (1) Members of conference.--Section 320(c)(5) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1330(c)(5)) is 
     amended by inserting ``not-for-profit organizations,'' after 
     ``institutions,''.
       (2) Collaborative processes.--Section 320(d) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1330(d)) is amended--
       (A) by striking ``(d)'' and all that follows through ``In 
     developing'' and inserting the following:
       ``(d) Use of Existing Data and Collaborative Processes.--
       ``(1) Use of existing data.--In developing''; and
       (B) by adding at the end the following:
       ``(2) Use of collaborative processes.--In updating a plan 
     under subsection (f)(4) or developing a new plan under 
     subsection (b), a management conference shall make use of 
     collaborative processes--
       ``(A) to ensure equitable inclusion of affected interests;
       ``(B) to engage with members of the management conference, 
     including through--
       ``(i) the use of consensus-based decision rules; and
       ``(ii) assistance from impartial facilitators, as 
     appropriate;
       ``(C) to ensure relevant information, including scientific, 
     technical, and cultural information, is accessible to 
     members;
       ``(D) to promote accountability and transparency by 
     ensuring members are informed in a timely manner of--
       ``(i) the purposes and objectives of the management 
     conference; and
       ``(ii) the results of an evaluation conducted under 
     subsection (f)(6);
       ``(E) to identify the roles and responsibilities of 
     members--
       ``(i) in the management conference proceedings; and
       ``(ii) in the implementation of the plan; and
       ``(F) to seek resolution of conflicts or disputes as 
     necessary.''.
       (c) Administration of Plans.--Section 320 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1330) is amended by 
     striking subsection (f) and inserting the following:
       ``(f) Administration of Plans.--
       ``(1) Approval.--Not later than 120 days after the date on 
     which a management conference submits to the Administrator a 
     comprehensive conservation and management plan under this 
     section, and after providing for public review and comment, 
     the Administrator shall approve the plan, if--
       ``(A) the Administrator determines that the plan meets the 
     requirements of this section; and
       ``(B) each affected Governor concurs.
       ``(2) Completeness.--
       ``(A) In general.--If the Administrator finds that a plan 
     is incomplete under paragraph (1) or (7), the Administrator 
     shall--
       ``(i) provide the management conference with written 
     notification of the basis of that finding; and
       ``(ii) allow the management conference to resubmit a 
     revised plan that addresses, to the maximum extent 
     practicable, the comments contained in the written 
     notification of the Administrator described in clause (i).
       ``(B) Resubmission.--If the Administrator finds that a 
     revised plan submitted under subparagraph (A)(ii) remains 
     incomplete under paragraph (1) or (7), the Administrator 
     shall allow the management conference to resubmit a revised 
     plan under the same procedures described in subparagraph (A).
       ``(C) Scope of review.--In determining whether to approve a 
     comprehensive conservation and management plan under 
     paragraph (1) or (7), the Administrator--
       ``(i) shall limit the scope of review to a determination of 
     whether the plan meets the minimum requirements of this 
     section; and
       ``(ii) may not impose, as a condition of approval, any 
     additional requirements.
       ``(3) Failure of the administrator to respond.--If, by the 
     date that is 120 days after the date on which a plan is 
     submitted or resubmitted under paragraphs (1), (2), or (7) 
     the Administrator fails to respond to the submission or 
     resubmission in writing, the plan shall be considered 
     approved.
       ``(4) Failure to submit a plan.--If, by the date that is 3 
     years after the date on which a management conference is 
     convened, that management conference fails to submit a 
     comprehensive conservation and management plan or to secure 
     approval for the comprehensive conservation and management 
     plan under this subsection, the Administrator shall terminate 
     the management conference convened under this section.
       ``(5) Implementation.--
       ``(A) In general.--On the approval of a comprehensive 
     conservation and management plan under this section, the plan 
     shall be implemented.
       ``(B) Use of authorized amounts.--Amounts authorized to be 
     appropriated under titles II and VI and section 319 may be 
     used in accordance with the applicable requirements of this 
     Act to assist States with the implementation of a plan 
     approved under paragraph (1).
       ``(6) Evaluation.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this paragraph, and every 5 years thereafter, 
     the Administrator shall carry out an evaluation of

[[Page 22667]]

     the implementation of each comprehensive conservation and 
     management plan developed under this section to determine the 
     degree to which the goals of the plan have been met.
       ``(B) Review and comment by management conference.--In 
     completing an evaluation under subparagraph (A), the 
     Administrator shall submit the results of the evaluation to 
     the appropriate management conference for review and comment.
       ``(C) Report.--
       ``(i) In general.--In completing an evaluation under 
     subparagraph (A), and after providing an opportunity for a 
     management conference to submit comments under subparagraph 
     (B), the Administrator shall issue a report on the results of 
     the evaluation, including the findings and recommendations of 
     the Administrator and any comments received from the 
     management conference.
       ``(ii) Availability to public.--The Administrator shall 
     make a report issued under this subparagraph available to the 
     public, including through publication in the Federal Register 
     and on the Internet.
       ``(D) Special rule for new plans.--Notwithstanding 
     subparagraph (A), if a management conference submits a new 
     comprehensive conservation and management plan to the 
     Administrator after the date of enactment of this paragraph, 
     the Administrator shall complete the evaluation of the 
     implementation of the plan required by subparagraph (A) not 
     later than 5 years after the date of such submission and 
     every 5 years thereafter.
       ``(7) Updates.--
       ``(A) Requirement.--Not later than 18 months after the date 
     on which the Administrator makes an evaluation of the 
     implementation of a comprehensive conservation and management 
     plan available to the public under paragraph (6)(C), a 
     management conference convened under this section shall 
     submit to the Administrator an update of the plan that 
     reflects, to the maximum extent practicable, the results of 
     the program evaluation.
       ``(B) Approval of updates.--Not later than 120 days after 
     the date on which a management conference submits to the 
     Administrator an updated comprehensive conservation and 
     management plan under subparagraph (A), and after providing 
     for public review and comment, the Administrator shall 
     approve the updated plan, if the Administrator determines 
     that the updated plan meets the requirements of this section.
       ``(8) Probationary status.--The Administrator may consider 
     a management conference convened under this section to be in 
     probationary status, if the management conference has not 
     received approval for an updated comprehensive conservation 
     and management plan under paragraph (7)(B) on or before the 
     last day of the 3-year period beginning on the date on which 
     the Administrator makes an evaluation of the plan available 
     to the public under paragraph (6)(C).''.
       (d) Federal Agencies.--Section 320 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1330) is amended--
       (1) by redesignating subsections (g), (h), (i), (j), and 
     (k) as subsections (h), (i), (j), (k), and (m), respectively; 
     and
       (2) by inserting after subsection (f) the following:
       ``(g) Federal Agencies.--
       ``(1) Activities conducted within estuaries with approved 
     plans.--After approval of a comprehensive conservation and 
     management plan by the Administrator, any Federal action or 
     activity affecting the estuary shall be conducted, to the 
     maximum extent practicable, in a manner consistent with the 
     plan.
       ``(2) Coordination and cooperation.--
       ``(A) In general.--The Secretary of the Army (acting 
     through the Chief of Engineers), the Administrator of the 
     National Oceanic and Atmospheric Administration, the Director 
     of the United States Fish and Wildlife Service, the Secretary 
     of the Department of Agriculture, the Director of the United 
     States Geological Survey, the Secretary of the Department of 
     Transportation, the Secretary of the Department of Housing 
     and Urban Development, and the heads of other appropriate 
     Federal agencies, as determined by the Administrator, shall, 
     to the maximum extent practicable, cooperate and coordinate 
     activities, including monitoring activities, related to the 
     implementation of a comprehensive conservation and management 
     plan approved by the Administrator.
       ``(B) Lead coordinating agency.--The Environmental 
     Protection Agency shall serve as the lead coordinating agency 
     under this paragraph.
       ``(3) Consideration of plans in agency budget requests.--In 
     making an annual budget request for a Federal agency referred 
     to in paragraph (2), the head of such agency shall consider 
     the responsibilities of the agency under this section, 
     including under comprehensive conservation and management 
     plans approved by the Administrator.
       ``(4) Monitoring.--The heads of the Federal agencies 
     referred to in paragraph (2) shall collaborate on the 
     development of tools and methodologies for monitoring the 
     ecological health and water quality conditions of estuaries 
     covered by a management conference convened under this 
     section.''.
       (e) Grants.--
       (1) In general.--Subsection (h) (as redesignated by 
     subsection (d)) of section 320 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1330) is amended--
       (A) in paragraph (1), by striking ``other public'' and all 
     that follows before the period at the end and inserting ``and 
     other public or nonprofit private agencies, institutions, and 
     organizations''; and
       (B) by adding at the end the following:
       ``(4) Effects of probationary status.--
       ``(A) Reductions in grant amounts.--The Administrator shall 
     reduce, by an amount to be determined by the Administrator, 
     grants for the implementation of a comprehensive conservation 
     and management plan developed by a management conference 
     convened under this section, if the Administrator determines 
     that the management conference is in probationary status 
     under subsection (f)(8).
       ``(B) Termination of management conferences.--The 
     Administrator shall terminate a management conference 
     convened under this section, and cease funding for the 
     implementation of the comprehensive conservation and 
     management plan developed by the management conference, if 
     the Administrator determines that the management conference 
     has been in probationary status for 2 consecutive years.''.
       (2) Conforming amendment.--Section 320(i) the Federal Water 
     Pollution Control Act (as redesignated by subsection (d)) is 
     amended by striking ``subsection (g)'' and inserting 
     ``subsection (h)''.
       (f) Authorization of Appropriations.--Section 320 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1330) (as 
     redesignated by subsection (d)) is amended by striking 
     subsection (j) and inserting the following:
       ``(j) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Administrator $75,000,000 for each of fiscal years 
     2012 through 2017 for--
       ``(A) expenses relating to the administration of management 
     conferences by the Administrator under this section, except 
     that such expenses shall not exceed 10 percent of the amount 
     appropriated under this subsection;
       ``(B) making grants under subsection (h); and
       ``(C) monitoring the implementation of a conservation and 
     management plan by the management conference, or by the 
     Administrator in any case in which the conference has been 
     terminated.
       ``(2) Allocations.--Of the sums authorized to be 
     appropriated under this subsection, the Administrator shall 
     provide--
       ``(A) at least $1,250,000 per fiscal year, subject to the 
     availability of appropriations, for the development, 
     implementation, and monitoring of each conservation and 
     management plan eligible for grant assistance under 
     subsection (h); and
       ``(B) up to $5,000,000 per fiscal year to carry out 
     subsection (k).''.
       (g) Research.--Section 320(k)(1)(A) of the Federal Water 
     Pollution Control Act (as redesignated by subsection (d)) is 
     amended--
       (1) by striking ``paramenters'' and inserting 
     ``parameters''; and
       (2) by inserting ``(including monitoring of both pathways 
     and ecosystems to track the introduction and establishment of 
     nonnative species)'' before ``, to provide the 
     Administrator''.
       (h) National Estuary Program Evaluation.--Section 320 of 
     the Federal Water Pollution Control Act (33 U.S.C. 1330) is 
     amended by inserting after subsection (k) (as redesignated by 
     subsection (d)) the following:
       ``(l) National Estuary Program Evaluation.--
       ``(1) In general.--Not later than 5 years after the date of 
     enactment of this paragraph, and every 5 years thereafter, 
     the Administrator shall complete an evaluation of the 
     national estuary program established under this section.
       ``(2) Specific assessments.--In conducting an evaluation 
     under this subsection, the Administrator shall--
       ``(A) assess the effectiveness of the national estuary 
     program in improving water quality, natural resources, and 
     sustainable uses of the estuaries covered by management 
     conferences convened under this section;
       ``(B) identify best practices for improving water quality, 
     natural resources, and sustainable uses of the estuaries 
     covered by management conferences convened under this 
     section, including those practices funded through the use of 
     technical assistance from the Environmental Protection Agency 
     and other Federal agencies;
       ``(C) assess the reasons why the best practices described 
     in subparagraph (B) resulted in the achievement of program 
     goals;
       ``(D) identify any redundant requirements for reporting by 
     recipients of a grant under this section; and
       ``(E) develop and recommend a plan for limiting reporting 
     any redundancies.
       ``(3) Report.--In completing an evaluation under this 
     subsection, the Administrator shall issue a report on the 
     results of the evaluation, including the findings and 
     recommendations of the Administrator.
       ``(4) Availability.--The Administrator shall make a report 
     issued under this subsection available to management 
     conferences convened under this section and the public, 
     including through publication in the Federal Register and on 
     the Internet.''.

[[Page 22668]]

       (i) Convening of Conference.--Section 320(a)(2) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1330(a)(2)) is 
     amended--
       (1) by striking ``(2) Convening of conference.--'' and all 
     that follows through ``In any case'' and inserting the 
     following:
       ``(2) Convening of conference.--In any case''; and
       (2) by striking subparagraph (B).
       (j) Great Lakes Estuaries.--Section 320(m) of the Federal 
     Water Pollution Control Act (as redesignated by subsection 
     (d)) is amended by striking the subsection designation and 
     all that follows through ``and those portions of 
     tributaries'' and inserting the following:
       ``(m) Definitions.--In this section, the terms `estuary' 
     and `estuarine zone' have the meanings given the terms in 
     section 104(n)(4), except that--
       ``(1) the term `estuary' also includes near coastal waters 
     and other bodies of water within the Great Lakes that are 
     similar in form and function to the waters described in the 
     definition of `estuary' in section 104(n)(4); and
       ``(2) the term `estuarine zone' also includes--
       ``(A) waters within the Great Lakes described in paragraph 
     (1) and transitional areas from such waters that are similar 
     in form and function to the transitional areas described in 
     the definition of `estuarine zone' in section 104(n)(4);
       ``(B) associated aquatic ecosystems; and
       ``(C) those portions of tributaries''.

                  Subtitle D--Puget Sound Restoration

     SEC. 10231. PUGET SOUND RESTORATION.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) (as amended by section 10203) is amended 
     by adding at the end the following:

     ``SEC. 124. PUGET SOUND.

       ``(a) Definitions.--In this section:
       ``(1) Annual priority list.--The term `annual priority 
     list' means the annual priority list compiled under 
     subsection (d).
       ``(2) Comprehensive plan.--The term `comprehensive plan' 
     means--
       ``(A) the Puget Sound Action Agenda, a comprehensive 
     conservation and management plan approved under section 320; 
     and
       ``(B) any amendments to that plan.
       ``(3) Distressed community.--The term `distressed 
     community' means a community that meets the affordability 
     criteria for distressed communities established by the State 
     of Washington, if the criteria are established after public 
     review and comment.
       ``(4) Executive director.--The term `Executive Director' 
     means the Executive Director of the Puget Sound Partnership.
       ``(5) Puget sound federal caucus.--The term `Puget Sound 
     Federal Caucus' means the caucus composed of--
       ``(A) the 13 Federal agencies that signed a memorandum of 
     understanding on November 17, 2008, to establish a 
     collaborative effort among Federal agencies to better 
     integrate, organize, and align Federal efforts in the Puget 
     Sound ecosystem with the comprehensive plan; and
       ``(B) such other Federal agencies as the Administrator 
     determines to be appropriate.
       ``(6) Puget sound partnership.--The term `Puget Sound 
     Partnership' means the agency of the State of Washington, 
     together with associated councils, boards, panels, and 
     caucuses, that is--
       ``(A) formed under authority of State law for the purpose 
     of protecting and restoring Puget Sound; and
       ``(B) designated as the management conference under section 
     320.
       ``(7) Puget sound tribe.--The term `Puget Sound tribe' 
     means any of the federally recognized Indian tribes within 
     the Puget Sound Basin.
       ``(8) Regional administrator.--The term `Regional 
     Administrator' means the Regional Administrator for Region 10 
     of the Environmental Protection Agency.
       ``(b) Delegation of Authority; Staffing.--The Administrator 
     shall delegate to the Regional Administrator such authority, 
     and provide such additional staff, as are necessary to carry 
     out this section.
       ``(c) Duties.--
       ``(1) In general.--In carrying out this section, the 
     Administrator, acting through the Regional Administrator, 
     shall--
       ``(A) carry out the duties assigned to the Administrator 
     under section 320 as a member of the management conference 
     under that section;
       ``(B) assist in the development and evaluation of the 
     annual priority list;
       ``(C) provide funding for activities, projects, programs, 
     and studies identified in the approved annual priority list 
     as necessary to advance the goals and objectives of the 
     comprehensive plan;
       ``(D) promote innovative methodologies and technologies 
     that are cost-effective and able to advance the identified 
     goals and objectives of the comprehensive plan and 
     Environmental Protection Agency permitting processes;
       ``(E) coordinate the major functions of the Federal 
     Government relating to the implementation of the 
     comprehensive plan, including activities, projects, programs, 
     and studies for--
       ``(i) water quality improvements;
       ``(ii) wetland, riverine, and estuary restoration and 
     protection;
       ``(iii) nearshore restoration and protection;
       ``(iv) adaptation to climate change;
       ``(v) critical land protection or acquisitions; and
       ``(vi) endangered species recovery;
       ``(F) coordinate the scientific research projects 
     authorized under this section with the activities of Federal 
     agencies, State agencies, Indian tribes, institutions of 
     higher education, and the Science Panel of the Puget Sound 
     Partnership, including conducting or commissioning studies 
     proposed by the Science Panel and included in the annual 
     priority list;
       ``(G) assist the Puget Sound Partnership in tracking 
     progress toward meeting the identified goals and objectives 
     of the comprehensive plan by--
       ``(i) providing information to the performance management 
     system used by the Puget Sound Partnership for the purpose of 
     tracking progress; and
       ``(ii) coordinating, managing, and reporting environmental 
     data relating to Puget Sound in a manner consistent with 
     methodologies used by the Puget Sound Partnership, including, 
     to the maximum extent practicable, making such data and 
     reports on such data available to the public, including on 
     the Internet, in a timely manner; and
       ``(H) coordinate activities, projects, programs, and 
     studies for the protection of Puget Sound, the Strait of 
     Georgia, and the Strait of Juan de Fuca with Canadian 
     authorities.
       ``(2) Implementation methods.--The Administrator, acting 
     through the Regional Administrator, may enter into financial 
     assistance agreements, make or facilitate intergovernmental 
     personnel appointments, and use other available methods in 
     carrying out the duties of the Administrator under this 
     subsection.
       ``(d) Annual Priority List.--
       ``(1) In general.--After providing public notice, the Puget 
     Sound Partnership, in consultation with the Puget Sound 
     Federal Caucus, shall annually compile a priority list 
     identifying and prioritizing the activities, projects, 
     programs, and studies intended to be funded during the 
     succeeding fiscal year with the amounts made available for 
     use in entering into financial assistance agreements under 
     subsection (e).
       ``(2) Inclusions.--The annual priority list compiled under 
     paragraph (1) shall include--
       ``(A) a prioritized list of specific activities, projects, 
     programs, and studies that will advance the goals and 
     objectives of the approved comprehensive plan;
       ``(B) information on the activities, projects, programs, 
     and studies specified under subparagraph (A), including a 
     description of--
       ``(i) the terms of financial assistance agreements;
       ``(ii) the identities of the financial assistance 
     recipients; and
       ``(iii) the communities to be served; and
       ``(C) the criteria and methods established by the Puget 
     Sound Partnership for selection of activities, projects, 
     programs, and studies.
       ``(3) Approval of list.--
       ``(A) Submission.--On August 1 of each calendar year, the 
     Puget Sound Partnership shall submit the annual priority list 
     compiled under paragraph (1) to the Administrator for 
     approval.
       ``(B) Approval.--The Administrator shall approve or 
     disapprove a list submitted under subparagraph (A) or 
     resubmitted under subparagraph (C) based on a determination 
     of whether the activities, projects, programs, and studies 
     listed advance the goals and objectives of the approved 
     comprehensive plan.
       ``(C) Effect of disapproval.--If the Administrator 
     disapproves a list submitted under subparagraph (A) or (C), 
     the Administrator shall--
       ``(i) provide the Puget Sound Partnership, in writing, a 
     notification of the basis for the disapproval; and
       ``(ii) allow the Puget Sound Partnership the opportunity 
     for resubmission of a revised annual priority list that 
     addresses, to the maximum extent practicable, the comments 
     contained in the written disapproval of the Administrator 
     described in clause (i).
       ``(D) Failure of administrator to respond.--If, by the date 
     that is 60 days after the date of submission or resubmission 
     to the Administrator of an annual priority list by the Puget 
     Sound Partnership, the Administrator fails to respond to the 
     submission or resubmission in writing, the annual priority 
     list shall be considered to be approved.
       ``(4) Failure to compile list.--
       ``(A) In general.--If, by the date that is 180 days after 
     the annual date of submission specified in paragraph (3)(A), 
     the Puget Sound Partnership fails to compile an annual 
     priority list in accordance with paragraph (1) or secures 
     only a written disapproval from the Administrator for a list 
     submitted under subparagraph (A) or (C) of paragraph (3), the 
     Administrator shall compile a priority list for the fiscal 
     year that includes--
       ``(i) activities, projects, programs, or studies that 
     advance the goals and objectives of the approved 
     comprehensive plan;
       ``(ii) any identified activities, projects, programs, or 
     studies from previously approved priority lists that have not 
     yet been funded;
       ``(iii) a description of the activities, projects, 
     programs, and studies described in clauses (i) and (ii), 
     including--

[[Page 22669]]

       ``(I) the terms of financial assistance agreements;
       ``(II) the identities of the financial assistance 
     recipients; and
       ``(III) the communities to be served; and

       ``(iv) the criteria and methods established by the 
     Administrator for selection of activities, projects, 
     programs, and studies.
       ``(B) Approval.--A list compiled by the Administrator in 
     accordance with subparagraph (A) shall be considered to be an 
     approved annual priority list for the purposes of this 
     section.
       ``(e) Implementation of Comprehensive Plan.--
       ``(1) In general.--The Administrator, acting through the 
     Regional Administrator, may enter into financial assistance 
     agreements to support activities, projects, programs, and 
     studies to implement the comprehensive plan.
       ``(2) Funding.--In providing funding under this subsection, 
     the Administrator shall use--
       ``(A) such sums as necessary but not greater than 7.5 
     percent of the funds made available under this section to 
     provide a comprehensive grant to the Puget Sound Partnership 
     for use in--
       ``(i) tracking the implementation of the comprehensive 
     plan;
       ``(ii) monitoring environmental outcomes;
       ``(iii) updating the comprehensive plan;
       ``(iv) developing the annual priority list; and
       ``(v) performing other administrative activities relating 
     to the management and implementation of the comprehensive 
     plan;
       ``(B) not more than 5 percent of the funds made available 
     under this section to carry out the responsibilities of the 
     Administrator under this section;
       ``(C) not less than the greater of $2,500,000 or 6 percent 
     of the funds made available under this section to enter into 
     financial assistance agreements with, Puget Sound tribes to 
     carry out specific activities, projects, programs, or studies 
     identified in the approved annual priority list; and
       ``(D) the remainder of the funds made available under this 
     section to enter into financial assistance agreements for use 
     in implementing specific activities, projects, programs, or 
     studies identified in the approved annual priority list to--
       ``(i) State, regional, or local governmental agencies or 
     entities;
       ``(ii) tribal governments, agencies, or entities;
       ``(iii) Federal agencies; or
       ``(iv) other public or nonprofit agencies, institutions, or 
     organizations.
       ``(3) Conditions for funding.--
       ``(A) In general.--An entity shall be eligible for funding 
     under subparagraph (C) or (D) of paragraph (2) only if funds 
     will be used for activities, projects, programs, or studies 
     that are identified in an approved annual priority list.
       ``(B) Measurable outcomes, benchmarks, targets.--The 
     Administrator shall enter into financial assistance 
     agreements under paragraph (2) only if, in the judgment of 
     the Administrator, the Puget Sound Partnership has defined 
     and adopted the measurable outcomes, near-term benchmarks, 
     and long- term targets that are necessary to meet the goals 
     and objectives of the comprehensive plan.
       ``(4) Distribution.--
       ``(A) In general.--Subject to the availability of 
     appropriations, the Administrator shall obligate all funds 
     made available under paragraph (2) by not later than 180 days 
     after the date on which the annual priority list is approved 
     in accordance with subsection (d).
       ``(B) Means of distribution.--The Administrator shall enter 
     into financial assistance agreements to carry out the 
     activities, projects, programs, or studies in the order of 
     priority identified on an approved annual priority list 
     unless--
       ``(i) the identified financial assistance recipient fails 
     to meet the requirements of the applicable financial 
     assistance agreement; or
       ``(ii) the Administrator and Puget Sound Partnership agree, 
     in writing, to deviate from the order specified in an 
     approved priority list.
       ``(5) Failure to distribute.--If all funds made available 
     for use in entering into financial assistance agreements 
     under paragraph (2) are not obligated by the date specified 
     in paragraph (4), the Administrator shall promptly submit to 
     the appropriate committees of the Senate and the House of 
     Representatives a report that--
       ``(A) describes the reasons for the failure to obligate the 
     funds; and
       ``(B) provides a date certain by which all funds will be 
     distributed.
       ``(6) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the cost of an activity, project, 
     program, or study carried out under this subsection shall 
     be--
       ``(i) not more than 75 percent of the annual aggregate 
     costs of the activities described in paragraph (2)(A); or
       ``(ii) not more than 50 percent of the cost of an activity 
     project, program, or study funded under clause (i) or (iv) of 
     paragraph (2)(D).
       ``(B) Exceptions.--
       ``(i) Sole tribal applicant.--The Administrator shall 
     increase the Federal share to 100 percent for any activity, 
     project, program, or study carried out under this subsection 
     for which a Puget Sound tribe is the sole applicant.
       ``(ii) Distressed communities.--For each fiscal year, the 
     Administrator may use up to 15 percent of the funds made 
     available to carry out this section for that fiscal year to 
     increase the Federal share up to 100 percent for an activity, 
     project, program, or study funded under paragraph (2)(D) that 
     is located in or directly affects a distressed community.
       ``(f) Annual Budget Plan.--The President, as part of the 
     annual budget of the Federal Government, shall submit 
     information regarding each Federal agency involved in Puget 
     Sound protection and restoration, including--
       ``(1) an interagency crosscut budget that describes for 
     each Federal agency--
       ``(A) amounts obligated for the preceding fiscal year for 
     protection and restoration activities, projects, programs, 
     and studies relating to Puget Sound;
       ``(B) the estimated budget for the current fiscal year for 
     protection and restoration activities, projects, programs, 
     and studies relating to Puget Sound; and
       ``(C) the proposed budget for protection and restoration 
     activities, projects, programs, and studies relating to Puget 
     Sound; and
       ``(2) a description and assessment of the Federal role in 
     the implementation of the comprehensive plan and the specific 
     role of each Federal agency involved in Puget Sound 
     protection and restoration, including specific activities, 
     projects, programs, and studies conducted or planned to 
     achieve the identified goals and objectives of the 
     comprehensive plan.
       ``(g) Report.--Not later than 1 year after the date of 
     enactment of this section and biennially thereafter, the 
     Administrator and the Executive Director of the Puget Sound 
     Partnership shall jointly submit to Congress a report that--
       ``(1) summarizes the progress made in implementing the 
     comprehensive plan and progress toward achieving--
       ``(A) the identified goals and objectives described in the 
     comprehensive plan; and
       ``(B) the measurable outcomes, near-term benchmarks, and 
     long-term targets required under subsection (e)(3)(B);
       ``(2) summarizes any modifications to the comprehensive 
     plan during the period covered by the report;
       ``(3) incorporates specific recommendations concerning the 
     implementation of the comprehensive plan;
       ``(4) summarizes the roles and progress of each Federal 
     agency that has jurisdiction in the Puget Sound watershed 
     toward meeting the identified goals and objectives of the 
     comprehensive plan; and
       ``(5) includes any other information determined to be 
     relevant by the Administrator or the Executive Director.
       ``(h) No Effect on Treaty Rights or Existing Authority.--
     Nothing in this section--
       ``(1) limits, conditions, abrogates, authorizes regulation 
     of, or in any way adversely affects a right reserved by a 
     treaty between the United States and 1 or more Indian tribes; 
     or
       ``(2) affects any other Federal or State authority that is 
     being used or that may be used to facilitate the cleanup and 
     protection of Puget Sound.
       ``(i) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Administrator to carry out this section $90,000,000 
     for each of fiscal years 2012 through 2016, to remain 
     available until expended.
       ``(2) Eligibility.--The Puget Sound Partnership shall not 
     receive any funding pursuant to section 320 for any fiscal 
     year in which the Puget Sound Partnership receives funding 
     under subsection (e)(2)(A).''.

              Subtitle E--Columbia River Basin Restoration

     SEC. 10241. SHORT TITLE.

       This subtitle may be cited as the ``Columbia River Basin 
     Restoration Act of 2010''.

     SEC. 10242. FINDINGS.

       Congress finds that--
       (1) the Columbia River is the largest river in the Pacific 
     Northwest by volume;
       (2) the river is 1,253 miles long, with a drainage basin 
     that includes 259,000 square miles, extending to 7 States and 
     British Columbia, Canada, and including all or part of--
       (A) multiple national parks;
       (B) components of the National Wilderness Preservation 
     System;
       (C) National Monuments;
       (D) National Scenic Areas;
       (E) National Recreation Areas; and
       (F) other areas managed for conservation.
       (3) the Columbia River Basin and associated tributaries 
     (referred to in this subtitle as the ``Basin'') provide 
     significant ecological and economic benefits to the Pacific 
     Northwest and the entire United States;
       (4) traditionally, the Basin includes more than 6,000,000 
     acres of irrigated agricultural land and produces more 
     hydroelectric power than any other North American river;
       (5) the Basin--
       (A) historically constituted the largest salmon-producing 
     river system in the world,

[[Page 22670]]

     with annual returns peaking at as many as 30,000,000 fish; 
     and
       (B) as of the date of enactment of this Act--
       (i) supports economically important commercial and 
     recreational fisheries; and
       (ii) is home to 13 species of salmonids and steelhead that 
     area listed as threatened species or endangered species under 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (6) the Lower Columbia River Estuary stretches 146 miles 
     from the Bonneville Dam to the mouth of the Pacific Ocean, 
     and much of that area is contaminated with toxic chemicals;
       (7) the Middle and Upper Columbia River Basin includes 
     1,050 miles of the mainstem Columbia River upstream of the 
     Bonneville Dam, including the 1,040 miles of the largest 
     tributary, the Snake River, and all of the tributaries to 
     both rivers;
       (8) the nuclear and toxic contamination at the Hanford 
     Nuclear Reservation and the toxic contamination at Superfund 
     sites throughout the Basin present an ongoing risk of 
     contamination throughout the Basin;
       (9) polychlorinated biphenyls (commonly known as ``PCBs'') 
     and polycyclic aromatic hydrocarbons that have been found in 
     the tissues of salmonids and their prey at concentrations 
     exceeding levels of concern;
       (10) legacy contaminants, including PCBs and 
     dichlorodiphenyltrichloroethane, the pesticide commonly known 
     as ``DDT'', were banned in 1972, but are still detected in 
     river water, sediments, and juvenile Chinook salmon;
       (11) pesticides and emerging contaminants, such as 
     pharmaceutical and personal care products, have been detected 
     in river water and may have effects including hormone 
     disruption and impacts on behavior and reproduction;
       (12) the Environmental Protection Agency's Columbia River 
     Basin Fish Contaminant Survey detected the presence of 92 
     priority pollutants, including PCBs and DDE (a breakdown of 
     DDT), in fish that are consumed by members of Indian tribes 
     in the Columbia River Basin, as well as by other individuals 
     consuming fish throughout the Columbia River Basin, and a 
     fish consumption survey by the Columbia River Intertribal 
     Fish Commission showed that tribal members were eating 6 to 
     11 times more fish than the estimated national average of the 
     Environmental Protection Agency; and
       (13) with regard to the Flathead River Basin, in the 
     easternmost portion of the Columbia River Basin--
       (A) the Flathead River Basin--
       (i) has high water quality and aquatic biodiversity;
       (ii) supports endangered species and species of special 
     concern listed under United States and Canadian law;
       (iii) contains Flathead Lake, the largest freshwater lake 
     in the western United States;
       (iv) is an important wildlife corridor that is home to the 
     highest density of large and mid-sized carnivores and the 
     highest diversity of vascular plant species in the United 
     States; and
       (v) supports traditional uses such as hunting, fishing, 
     recreation, guiding and outfitting, and logging;
       (B) the Flathead River originates in British Columbia and 
     drains into the State of Montana;
       (C) such transboundary waters are protected from pollution 
     under the Treaty Relating to the Boundary Waters and 
     Questions Arising Along the Boundary Between the United 
     States and Canada, signed at Washington on January 11, 1909 
     (36 Stat. 2448; TS 548) (commonly known as the ``Boundary 
     Waters Treaty of 1909'');
       (D) in 1988, the International Joint Commission determined 
     that the impacts of mining proposals on the environmental 
     values of the Flathead River Basin, including on water 
     quality, sport fish populations, and habitat, could not be 
     fully mitigated;
       (E) the Flathead River forms the western and southern 
     boundaries of the world's first International Peace Park, 
     Waterton-Glacier, which was inscribed as a World Heritage 
     Site in 1995 under the auspices of the World Heritage 
     Convention, adopted by the United Nations Educational, 
     Scientific, and Cultural Organization General Conference on 
     November 16, 1972;
       (F) at the 33rd session of the World Heritage Committee in 
     2009, Decision 33 COM 7B.22 (Annex 3) 2009, the World 
     Heritage Committee urged Canada in 2009 not to permit any 
     mining or energy development in the Upper Flathead River 
     Basin until the relevant environmental assessment processes 
     have been completed and to provide timely opportunities for 
     the United States to participate in environmental assessment 
     processes; and
       (G) on February 18, 2010, British Columbia and the State of 
     Montana entered into a memorandum of understanding--
       (i) to remove mining and oil and gas development as 
     permissible land uses in the Flathead River Basin;
       (ii) to cooperate on fish and wildlife management;
       (iii) to collaborate on environmental assessment of 
     projects of cross border significance with the potential to 
     degrade land or water resources; and
       (iv) to share information proactively.

     SEC. 10243. COLUMBIA RIVER BASIN RESTORATION.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) (as amended by section 10231) is amended 
     by adding at the end the following:

     ``SEC. 125. COLUMBIA RIVER BASIN RESTORATION.

       ``(a) Definitions.--
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency.
       ``(2) Columbia river basin.--The term `Columbia River 
     Basin' means the entire United States portion of the Columbia 
     River watershed.
       ``(3) Columbia river basin provinces.--The term `Columbia 
     River Basin Provinces' means the United States portion of 
     each of the Columbia River Basin Provinces identified in the 
     Fish and Wildlife Plan of the Northwest Power and 
     Conservation Council.
       ``(4) Columbia river basin toxics reduction action plan.--
       ``(A) In general.--The term `Columbia River Basin Toxics 
     Reduction Action Plan' means the plan developed by the 
     Environmental Protection Agency and the Columbia River Toxics 
     Reduction Working Group in 2010.
       ``(B) Inclusions.--The term `Columbia River Basin Toxics 
     Reduction Action Plan' includes any amendments to the plan.
       ``(5) Estuary partnership.--The term `Estuary Partnership' 
     means the Lower Columbia River Estuary Partnership, an entity 
     created by the States of Oregon and Washington and the 
     Environmental Protection Agency under section 320.
       ``(6) Estuary plan.--
       ``(A) In general.--The term `Estuary Plan' means the 
     Estuary Partnership Comprehensive Conservation and Management 
     Plan adopted by the Environmental Protection Agency and the 
     Governors of Oregon and Washington on October 20, 1999, under 
     section 320.
       ``(B) Inclusions.--The term `Estuary Plan' includes any 
     amendments to the plan.
       ``(7) Lower columbia river estuary.--The term `Lower 
     Columbia River Basin and Estuary' means the mainstem Columbia 
     River from the Bonneville Dam to the Pacific Ocean and 
     tidally influenced portions of tributaries to the Columbia 
     River in that region.
       ``(8) Middle and upper columbia river basin.--
       ``(A) In general.--The term `Middle and Upper Columbia 
     River Basin' means the region consisting of the United States 
     portion of the Columbia River Basin above Bonneville Dam.
       ``(B) Inclusions.--The term `Middle and Upper Columbia 
     River Basin' includes--
       ``(i) the Snake River and associated tributaries; and
       ``(ii) the Clark Fork and Pend Oreille Rivers and 
     associated tributaries.
       ``(9) North fork of the flathead river.--The term `North 
     Fork of the Flathead River' means the region consisting of 
     the North Fork of the Flathead River watershed, beginning in 
     British Columbia, Canada, ending at the confluence of the 
     North Fork and the Middle Fork of the Flathead River in the 
     State of Montana.
       ``(10) Program.--The term `Program' means the Columbia 
     River Basin Restoration Program established under subsection 
     (b)(1).
       ``(11) Transboundary flathead river basin.--The term 
     `transboundary Flathead River Basin' means the region 
     consisting of the Flathead River watershed, beginning in 
     British Columbia, Canada, and ending at Flathead Lake, 
     Montana.
       ``(12) Working group.--The term `Working Group' means--
       ``(A) the Columbia River Basin Toxics Reduction Working 
     Group established under subsection (c); and
       ``(B) with respect to the Lower Columbia River Estuary, the 
     Estuary Partnership.
       ``(b) Columbia River Basin Restoration Program.--
       ``(1) Establishment.--The Administrator shall establish 
     within the Environmental Protection Agency a Columbia Basin 
     Restoration Program.
       ``(2) Scope of program.--
       ``(A) In general.--The Program shall consist of a 
     collaborative stakeholder-based approach to planning and 
     implementing voluntary activities to reduce toxic 
     contamination throughout the Columbia River Basin.
       ``(B) Relationship to existing activities.--The Program 
     shall--
       ``(i) build on the work and collaborative structure of the 
     existing Columbia River Toxics Reduction Working Group 
     representing the Federal Government, State, tribal, and local 
     governments, industry, and nongovernmental organizations, 
     which was convened in 2005 to develop a collaborative toxic 
     contamination reduction approach for the Columbia River 
     Basin;
       ``(ii) in the Lower Columbia River Basin and Estuary, build 
     on the work and collaborative structure of the Estuary 
     Partnership; and
       ``(iii) coordinate with other efforts, including activities 
     of other Federal agencies in the Columbia River Basin, to 
     avoid duplicating activities or functions.

[[Page 22671]]

       ``(C) No effect on existing authority.--Nothing in this 
     section, including the establishment of the Program modifies 
     or affects any legal or regulatory authority or program in 
     effect as of the date of enactment of this section, 
     including--
       ``(i) the roles of Federal agencies in the Columbia River 
     Basin;
       ``(ii) the roles of States in the Columbia River Basin, 
     including State authority over water allocation under section 
     101(g);
       ``(iii) the Snake River Water Rights Act of 2004 (Public 
     Law 108-447; 118 Stat. 3431); or
       ``(iv) any other Federal or State authority that is being 
     used or may be used to facilitate the cleanup and protection 
     of the Columbia River Basin.
       ``(3) Duties.--The Administrator shall--
       ``(A) provide the Working Group with data, analysis, 
     reports, or other information;
       ``(B) provide technical assistance to the Working Group, 
     and to States, local government entities, and Indian tribes 
     participating in the Working Group, to assist those agencies 
     and entities in--
       ``(i) planning or evaluating potential projects;
       ``(ii) developing the annual priority list;
       ``(iii) implementing plans;
       ``(iv) implementing projects; and
       ``(v) monitoring and evaluating the effectiveness of 
     projects and the implementation of plans and projects;
       ``(C) provide information to the Working Group on plans 
     already developed by the Administrator or by other Federal 
     agencies to enable the Working Group to avoid unnecessary or 
     duplicative projects or activities;
       ``(D) provide coordination with other Federal agencies to 
     avoid duplication of activities or functions;
       ``(E) assist the Working Group with--
       ``(i) completing and periodically updating the Columbia 
     River Basin Toxics Reduction Action Plan and the Estuary 
     Plan; and
       ``(ii) ensuring that those plans, when considered together 
     and in light of relevant plans developed by other Federal or 
     State agencies, form a coherent toxic contamination reduction 
     strategy for the entire Columbia River Basin; and
       ``(F) implement, including by providing funding pursuant to 
     subsection (e), projects and activities, including monitoring 
     and assessment, that--
       ``(i) are identified by the Working Group in the annual 
     priority list; and
       ``(ii)(I) are included in the Columbia River Basin Toxics 
     Reduction Action Plan and the Estuary Plan; or
       ``(II) are identified under subsection (d) and located in 
     the Transboundary Flathead River Basin.
       ``(4) Implementation methods.--The Administrator may enter 
     into interagency agreements, make or facilitate 
     intergovernmental personnel appointments, provide funding, 
     and use other available methods in carrying out the duties of 
     the Administrator under this subsection.
       ``(c) Stakeholder Working Group.--
       ``(1) Establishment.--The Administrator shall establish a 
     Columbia River Basin Toxics Reduction Working Group.
       ``(2) Membership.--The members of the Working Group shall 
     include, at a minimum, representatives of--
       ``(A) each State located in whole or in part within the 
     Columbia River Basin;
       ``(B) each Indian tribe with legally defined rights and 
     authorities in the Columbia River Basin that elects to 
     participate on the Working Group;
       ``(C) local governments located in the Columbia River 
     Basin;
       ``(D) industries operating in the Columbia River Basin that 
     affect or could affect water quality;
       ``(E) electric, water, and wastewater utilities operating 
     in the Columba River Basin;
       ``(F) private landowners in the Columbia River Basin;
       ``(G) soil and water conservation districts in the Columbia 
     River Basin;
       ``(H) irrigation districts in the Columbia River Basin;
       ``(I) environmental organizations that have a presence in 
     the Columbia River Basin; and
       ``(J) the general public in the Columbia River Basin.
       ``(3) Geographic representation.--The Working Group shall 
     include representation from each of the Columbia River Basin 
     Provinces located in the Columbia River Basin.
       ``(4) Appointment.--
       ``(A) Nontribal members.--The Administrator, with the 
     consent of the Governor of each State located in whole or in 
     part within the Columbia River Basin, shall appoint nontribal 
     members of the Working Group not later than 180 days after 
     the date of enactment of this section.
       ``(B) Tribal members.--The governing body of each Indian 
     tribe described in paragraph (2)(B) shall appoint tribal 
     members of the Working Group not later than 180 days after 
     the date of enactment of this section.
       ``(5) Duties.--The Working Group shall--
       ``(A) assess trends in water quality and toxic 
     contamination or toxics reduction, including trends that 
     affect uses of the water of the Columbia River Basin;
       ``(B) collect, characterize, and assess data on toxic 
     contamination in the Columbia River Basin;
       ``(C) develop periodic updates to the Columbia River Basin 
     Toxics Reduction Action Plan and, in the Estuary, the Estuary 
     Plan;
       ``(D) submit to the Administrator annually a prioritized 
     list of projects, including monitoring, assessment, and toxic 
     contamination reduction projects, that would implement the 
     Columbia River Basin Toxics Reduction Action Plan or, in the 
     Lower Columbia River Estuary, the Estuary Plan, for funding 
     pursuant to subsection (e); and
       ``(E) monitor the effectiveness of actions taken pursuant 
     to this section.
       ``(6) Lower columbia river estuary.--In the Lower Columbia 
     River Estuary, the Estuary Partnership shall function as the 
     Working Group and execute the duties of the Working Group 
     described in this subsection for such time as the Estuary 
     Partnership is the management conference for the Lower 
     Columbia River National Estuary Program.
       ``(7) Participation by states.--At the discretion of the 
     Governor of a State, the State--
       ``(A) may elect not to participate in the Working Group 
     established under this paragraph; and
       ``(B) may provide comments to the Administrator on the 
     prioritized list of projects submitted pursuant to paragraph 
     (5)(D).
       ``(d) Transboundary Flathead River Basin.--
       ``(1) Short title.--This subsection may be cited as the 
     `Transboundary Flathead River Basin Protection Act of 2010'.
       ``(2) Action by president.--The President shall take steps 
     to preserve and protect the unique, pristine area of the 
     transboundary Flathead River Basin, with a particular focus 
     on the North Fork of the Flathead River.
       ``(3) Transboundary cooperation.--In taking such steps, the 
     President shall engage in negotiations with the Government of 
     Canada to establish an executive agreement, or other 
     appropriate tool, to ensure permanent protection for the 
     North Fork of the Flathead River watershed and the adjacent 
     area of Glacier-Waterton National Park.
       ``(4) Participation in cooperative efforts.--
       ``(A) In general.--The President may participate in cross-
     border collaborations with Canada on environmental 
     assessments of any project of cross-border significance that 
     has the potential to degrade land or water resources by 
     providing for on-going involvement of appropriate Federal 
     agencies of the United States in such assessments.
       ``(B) Collaboration.--In carrying out subparagraph (A), the 
     President shall include in collaborations under that 
     subparagraph appropriate Federal agencies, such as--
       ``(i) the Environmental Protection Agency;
       ``(ii) the Department of the Interior;
       ``(iii) the United States Fish and Wildlife Service;
       ``(iv) the National Park Service;
       ``(v) the Forest Service; and
       ``(vi) such other agencies as the President determines to 
     be appropriate.
       ``(5) Assessments and projects.--The President, acting 
     through the Administrator, may provide grants under 
     subsection (e) for the following purposes:
       ``(A) Developing baseline environmental conditions in the 
     transboundary Flathead River Basin.
       ``(B) Assessing the impact of any proposed projects on the 
     natural resources, water quality, wildlife, or environmental 
     conditions in the transboundary Flathead River Basin.
       ``(C) Implementation of transboundary cooperative efforts 
     identified by the governments of the United States and Canada 
     under this subsection.
       ``(D) Projects to protect and preserve the natural 
     resources, water quality, wildlife, and environmental 
     conditions in the transboundary Flathead River Basin.
       ``(e) Funding.--
       ``(1) In general.--The Administrator may provide funding 
     through cooperative agreements, grants, or other means to 
     State and regional water pollution control agencies and 
     entities, other State and local government entities, Indian 
     tribes, nonprofit private agencies, institutions, 
     organizations, and individuals for use in paying costs 
     incurred in carrying out activities--
       ``(A) that would advance the goals and objectives of the 
     Columbia River Basin Toxics Reduction Action Plan or the 
     Estuary Plan; or
       ``(B) relating to the cooperative efforts described in 
     subsection (d)(4).
       ``(2) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the cost of any project or activity 
     carried out using funds provided to any person (including a 
     State, interstate, or regional agency, an Indian tribe, or a 
     local government entity) under this subsection for a fiscal 
     year--
       ``(i) shall not exceed 75 percent of the total cost of the 
     project or activity; and
       ``(ii) shall be made on condition that the non-Federal 
     share of that total cost shall be provided from non-Federal 
     sources.
       ``(B) Exceptions.--With respect to cost-sharing for funding 
     provided under this subsection--
       ``(i) an Indian tribe may use Federal funds for the non-
     Federal share; and
       ``(ii) the Administrator may use up to 10 percent of the 
     funds made available to carry out this section to increase 
     the Federal

[[Page 22672]]

     share under such circumstances as the Administrator 
     determines to be appropriate.
       ``(C) In-kind contributions.--The non-Federal share of the 
     cost of an activity, project, program, or study carried out 
     under this section may include the value of any in-kind 
     services contributed by a non-Federal sponsor.
       ``(3) Allocation.--In making grants using funds 
     appropriated to carry out this section for fiscal years 2012 
     and 2013, the Administrator shall use--
       ``(A) not less than \1/3\ of the funds for projects, 
     programs, and studies in the Lower Columbia River Estuary; 
     and
       ``(B) not less than \1/3\ of the funds for projects, 
     programs, and studies in the Middle and Upper Columbia River 
     Basin.
       ``(4) Support of governors.--In reviewing requests for 
     funding pursuant to this section, the Administrator may not 
     consider any proposal for funding unless the Governor of the 
     State in which the activity would take place has expressed 
     support for the activity as proposed.
       ``(5) Reporting.--Not later than 18 months after the date 
     of receipt of funding under this subsection, and biennially 
     thereafter for the duration of the funding, a person 
     (including a State, interstate, or regional agency, an Indian 
     tribe, or a local government entity) that receives funding 
     under this subsection shall submit to the Administrator a 
     report that describes the progress being made in achieving 
     the purposes of this section using those funds.
       ``(f) Annual Budget Plan.--The President, as part of the 
     annual budget submission of the President to Congress under 
     section 1105(a) of title 31, United States Code, shall submit 
     information regarding each Federal agency involved in 
     protection and restoration of the Columbia River Basin, 
     including an interagency crosscut budget that displays for 
     each Federal agency--
       ``(1) the amounts obligated for the preceding fiscal year 
     for protection and restoration projects, programs, and 
     studies relating to the Columbia River Basin;
       ``(2) the estimated budget for the current fiscal year for 
     protection and restoration projects, programs, and studies 
     relating to the Columbia River Basin; and
       ``(3) the proposed budget for protection and restoration 
     projects, programs, and studies relating to the Columbia 
     River Basin.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section $33,000,000 for each of fiscal years 2012 through 
     2017, to remain available until expended.''.

              Subtitle F--Great Lakes Ecosystem Protection

     SEC. 10251. SHORT TITLE.

       This Act may be cited as the ``Great Lakes Ecosystem 
     Protection Act of 2010''.

     SEC. 10252. GREAT LAKES PROVISION MODIFICATIONS.

       (a) Findings; Purpose.--Section 118(a) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1268(a)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraph (C) as subparagraph (D);
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) the United States should seek to attain the goals 
     embodied and identified in the Great Lakes Regional 
     Collaboration Strategy, the Great Lakes Restoration 
     Initiative Action Plan, and the Great Lakes Water Quality 
     Agreement;
       ``(C) in order to restore and maintain water quality in the 
     Great Lakes basin, focus areas for restoration and protection 
     identified in the Great Lakes Regional Collaboration Strategy 
     and the Great Lakes Restoration Initiative Action Plan must 
     be addressed, such as--
       ``(i) the remediation of toxic substances;
       ``(ii) the prevention of invasive species and the 
     mitigation of the impacts of the invasive species and the 
     restoration areas impacted by invasive species;
       ``(iii) the protection and restoration of nearshore health 
     and water quality;
       ``(iv) the prevention of nonpoint source water pollution;
       ``(v) habitat and wildlife protection and restoration; and
       ``(vi) accountability, education, monitoring, evaluation, 
     communication, and partnership activities; and''; and
       (C) in subparagraph (D) (as redesignated by subparagraph 
     (A)) by inserting ``, tribal,'' after ``State'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Purpose.--The purpose of this section is to achieve 
     the goals embodied and identified in the Great Lakes Regional 
     Collaboration Strategy, the Great Lakes Restoration 
     Initiative Action Plan, and the Great Lakes Water Quality 
     Agreement--
       ``(A) by restoring and maintaining the chemical, physical, 
     and biological integrity of the Great Lakes basin ecosystem; 
     and
       ``(B) through--
       ``(i) the creation of a Great Lakes Collaboration 
     Partnership;
       ``(ii) the improved organization and definition of mission 
     on the part of the Environmental Protection Agency;
       ``(iii) the funding of grants, contracts, and interagency 
     agreements for protection, restoration, and pollution 
     prevention and control in the Great Lakes area; and
       ``(C) by implementing improved and transparent 
     accountability mechanisms.''; and
       (3) in paragraph (3)--
       (A) by striking subparagraph (H) and inserting the 
     following:
       ``(H) `Great Lakes Water Quality Agreement' means the 
     bilateral `Agreement on Great Lakes water quality, 1978' 
     between the United States and Canada, signed at Ottawa on 
     November 22, 1978 (30 UST 1383; TIAS 9257), and amended 
     October 16, 1983 (TIAS 10798) and November 18, 1987 (TIAS 
     11551) (including any subsequent revisions);'';
       (B) in subparagraph (K), by striking ``and'' after the 
     semicolon;
       (C) in subparagraph (L), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following:
       ``(M) `Action Plan' means the Great Lakes Restoration 
     Initiative Action Plan, signed on February 21, 2010;
       ``(N) `Blueprint' means--
       ``(i) the Great Lakes Restoration Blueprint, a strategy for 
     restoring and protecting water quality in, and the ecosystem 
     of, the Great Lakes basin adopted by the Great Lakes 
     Collaboration Partnership in accordance with this section; 
     and
       ``(ii) any future amendments or revisions to that strategy;
       ``(O) `Great Lakes Regional Collaboration Strategy' means 
     the Great Lakes Regional Collaboration Strategy to Protect 
     and Restore the Lakes, signed on December 12, 2005; and
       ``(P) `Needs-based applicant' means a public or nonprofit 
     entity that meets the economic and affordability criteria 
     established by the Administrator in consultation with the 
     Program Office and Great Lakes Leadership Council.''.
       (b) Great Lakes Management.--Section 118(c) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1268(c)) is amended--
       (1) by redesignating paragraphs (1) through (13) as (2) 
     through (14), respectively; and
       (2) by inserting before paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(1) In general.--The Administrator, or a designee of the 
     Administrator, shall--
       ``(A) coordinate and manage all Federal agency actions to 
     implement the Action Plan, the Blueprint, and the Great Lakes 
     Water Quality Agreement; and
       ``(B) review and approve--
       ``(i) the annual priority list to determine whether the 
     proposed activities will advance the goals of the Action Plan 
     and the Blueprint; and
       ``(ii) on an annual basis, the Federal agency actions taken 
     to implement the approved annual priority list.'';
       (3) in paragraph (2) (as redesignated by paragraph (1))--
       (A) in subparagraph (A), by striking ``,;'' and inserting a 
     semicolon;
       (B) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (F), (G), and (H), respectively; and
       (C) by inserting after subparagraph (B) the following:
       ``(C) provide the support described in paragraph (7);
       ``(D) provide support to the Great Lakes Interagency Task 
     Force, as required under paragraph (9);
       ``(E) in consultation with the members of the Great Lakes 
     Regional Collaboration Partnership, be responsible for the 
     creation, updating, and, as necessary, revision of 
     accountability measures, including focus area goals and 
     performance targets and measures;'';
       (4) in subparagraphs (B) and (C) of paragraph (4) (as 
     redesignated by paragraph (1)), by striking ``subparagraph 
     (c)(1)(C) of this section'' and inserting ``paragraph 
     (2)(F)'';
       (5) by striking paragraph (7) (as redesignated by paragraph 
     (1)) and inserting the following:
       ``(7) Great lakes governance and management.--
       ``(A) Great lakes leadership council.--
       ``(i) Establishment.--There is established a council, to be 
     known as the Great Lakes Leadership Council (referred to in 
     this paragraph as the `Council').
       ``(ii) Duties.--The Council shall--

       ``(I) in consultation with the Administrator, compile an 
     annual priority list that identifies and prioritizes 
     activities intended to be funded with amounts made available 
     under this subsection during the succeeding fiscal year;
       ``(II) not later than 1 year after the date of 
     establishment of the Council and on an annual basis 
     thereafter--

       ``(aa) review and report on progress in meeting the goals 
     and objectives of the Action Plan or the Blueprint;
       ``(bb) assess the implementation of the Administrator of 
     the most recently approved annual priority list; and
       ``(cc) make recommendations regarding other relevant Great 
     Lakes issues; and

       ``(III) make recommendations to the Administrator and the 
     Secretary of State regarding--

       ``(aa) a process for participating in relevant 
     international fora, such as the Great Lakes Water Quality 
     Agreement; and
       ``(bb) whether any existing advisory or coordinating bodies 
     are duplicative and should be replaced or eliminated.
       ``(iii) Membership.--

[[Page 22673]]

       ``(I) Voting members.--The membership of the Council shall 
     include as voting members--

       ``(aa) the governors of the Great Lake States;
       ``(bb) up to 8 representatives of tribal governments, to be 
     appointed after direct government-to-government consultation 
     between the Program Office and all Great Lakes tribes--
       ``(AA) by the Indian tribes located in the Great Lakes 
     basin in the United States; and
       ``(BB) to the maximum extent practicable, in a manner that 
     ensures that the tribal governments are geographically 
     representative of the Great Lakes basin; and
       ``(cc) up to 8 mayors, to be appointed by the mayors of 
     areas located in the Great Lakes basin in the United States--
       ``(AA) in accordance with such procedures and criteria as 
     the Administrator may establish; and
       ``(BB) to the maximum extent practicable, in a manner that 
     ensures that the mayors are geographically representative of 
     the Great Lakes basin.

       ``(II) Nonvoting members.--The membership of the Council 
     shall include as nonvoting members--

       ``(aa) 1 member who shall be appointed by the Great Lakes 
     Commission;
       ``(bb) 1 member who shall be appointed by the International 
     Joint Commission;
       ``(cc) 1 member who shall be appointed by the Great Lakes 
     Fishery Commission;
       ``(dd) 1 member who shall be a representative of the 
     environmental community in the Great Lakes, to be appointed 
     by the Administrator, after soliciting advice from that 
     community;
       ``(ee) 1 member who shall be a representative of the 
     agricultural community, to be appointed by the Administrator, 
     after soliciting advice from that community;
       ``(ff) 1 member who shall be a representative of the Great 
     Lakes business community, to be appointed by the 
     Administrator, after soliciting advice from that community;
       ``(gg) 1 member who shall be a representative of the 
     scientific community, to be appointed by the Administrator, 
     after soliciting advice from that community; and
       ``(hh) 1 member who shall be a representative of Canada, as 
     an observer member.

       ``(III) Chairperson.--The chairperson of the Council shall 
     rotate on a biennial basis among the Governors of the Great 
     Lakes States.
       ``(IV) Secretary.--The chairperson shall designate a 
     secretary to provide administrative support to the Council.

       ``(iv) Committees.--The Council may establish such 
     committees as the Council determines to be appropriate to 
     address concerns of the Council, including--

       ``(I) executive issues;
       ``(II) scientific issues;
       ``(III) implementation issues; and
       ``(IV) funding issues.

       ``(v) Council meetings.--

       ``(I) In general.--The Council shall meet not less 
     frequently than once each year.
       ``(II) Open to public.--The meetings of the Council shall 
     be open to the public.

       ``(vi) Committee meetings.--A committee established by the 
     Council under clause (iv) may meet as frequently as necessary 
     to provide support to the Council.'';
       (6) by striking paragraph (8) (as redesignated by paragraph 
     (1)) and inserting the following:
       ``(8) Great lakes collaboration partnership.--
       ``(A) Establishment.--
       ``(i) In general.--There is established a partnership, to 
     be known as the Great Lakes Collaboration Partnership 
     (referred to in this paragraph as the `Partnership') that 
     shall consist of the Great Lakes Leadership Council and the 
     Great Lakes Interagency Task Force.
       ``(ii) Purpose.--The purpose of the Partnership is to 
     facilitate the creation of a Blueprint under subparagraph (B) 
     that is consistent with the requirements of this paragraph.
       ``(B) Great lakes restoration blueprint.--
       ``(i) In general.--

       ``(I) Contents.--The Blueprint developed by the Partnership 
     shall describe--

       ``(aa) a strategy for restoring and protecting water 
     quality in, and the ecosystem of, the Great Lakes Basin; and
       ``(bb) focus and policy areas for achieving the strategy, 
     as well as measurable outcomes and performance targets for 
     achieving the strategy.

       ``(II) Consultation.--The strategy outlined in the 
     Blueprint shall be achieved through--

       ``(aa) cooperation among relevant Federal agencies; and
       ``(bb) consultation and coordination with applicable 
     States, Indian tribes, local governments, institutions of 
     higher education, nongovernmental organizations, and other 
     stakeholders in the Great Lakes basin, as well as 
     representatives of Canada.

       ``(III) Use of existing plans and agreements.--In 
     developing the Blueprint, the Partnership shall, to the 
     maximum extent practicable, build on existing plans or 
     agreements, such as the Great Lakes Regional Collaboration 
     Strategy, Great Lakes Restoration Initiative Action Plan, and 
     the Great Lakes Water Quality Agreement.

       ``(ii) Federal share.--

       ``(I) In general.--Except as provided in subclauses (II) 
     and (III) and subsection (c)(13)(E)(i), the Federal share of 
     the cost of an activity, project, program, or study carried 
     out with funds made available under this section shall be not 
     more than 75 percent of the cost of an activity, project, 
     program, or study.
       ``(II) Existing federal share.--If the Federal share of the 
     cost of an activity, project, program, or study described in 
     subclause (I) is specified in another provision of Federal 
     law in effect as of the date of enactment of the America's 
     Great Outdoors Act of 2010, the Federal share specified in 
     the other provision shall apply to the activity, project, 
     program, or study.
       ``(III) Needs-based applicants.--For each fiscal year, the 
     Administrator may use up to 10 percent of the funds made 
     available to carry out this section for the fiscal year to 
     increase the Federal share up to 100 percent for a needs-
     based applicant.

       ``(iii) Revision of the blueprint.--Not later than 5 years 
     after the date of enactment of the America's Great Outdoors 
     Act of 2010, and every 5 years thereafter, the Partnership 
     shall review and update the Blueprint.
       ``(iv) Transition.--In the first fiscal year after the date 
     of adoption of the Blueprint by the Partnership--

       ``(I) the Blueprint shall replace the Action Plan as the 
     guiding document for Federal investment in Great Lakes 
     protection and restoration; and
       ``(II) the Great Lakes Leadership Council shall use the 
     Blueprint to develop the annual priority list under 
     subparagraph (C).

       ``(v) Operation.--In creating, modifying, or revising of 
     the Blueprint, the Partnership shall consult with and achieve 
     a consensus on the Blueprint with the Great Lakes Interagency 
     Task Force and the voting members of the Great Lakes 
     Leadership Council.
       ``(C) Annual priority list.--
       ``(i) In general.--After providing public notice, the Great 
     Lakes Leadership Council shall annually compile a priority 
     list that identifies and prioritizes the activities intended 
     to be funded with amounts made available under this 
     subsection during the succeeding fiscal year.
       ``(ii) List components.--The list compiled under clause (i) 
     shall include--

       ``(I) a prioritized list of specific activities that will 
     advance the goals and objectives of the Action Plan or 
     Blueprint; and
       ``(II) the criteria and methods established by the Great 
     Lakes Leadership Council for selecting activities, projects, 
     programs, and studies for grants, contracts, and interagency 
     agreements under this subsection.

       ``(iii) Approval of list.--

       ``(I) Submission.--On July 1 of each calendar year, the 
     Great Lakes Leadership Council shall submit the annual 
     priority list compiled under clause (ii) to the Administrator 
     for approval.
       ``(II) Approval.--The Administrator shall approve or 
     disapprove a list submitted under subclause (I) or 
     resubmitted under subclause (III) based on a determination of 
     whether the activities specified in the list will advance the 
     goals and objectives of the Action Plan or Blueprint.
       ``(III) Effects of disapproval.--If the Administrator 
     disapproves a list submitted under subclause (I) or (III), 
     the Administrator shall--

       ``(aa) provide the Great Lakes Leadership Council, in 
     writing, a notification of, and basis for, the disapproval; 
     and
       ``(bb) allow the Great Lakes Leadership Council the 
     opportunity for resubmission of a revised annual priority 
     list that addresses, to the maximum extent practicable, the 
     comments contained in the written disapproval of the 
     Administrator.

       ``(IV) Failure of administrator to respond.--If, by the 
     date that is 60 days after the date of submission or 
     resubmission to the Administrator of an annual priority list 
     by the Great Lakes Leadership Council, the Administrator 
     fails to respond to the submission or resubmission in 
     writing, the annual priority list shall be considered to be 
     approved.

       ``(iv) Failure to compile list.--

       ``(I) In general.--If, by the date that is 120 days after 
     the annual date of submission specified in clause (iii)(I), 
     the Great Lakes Leadership Council fails to compile an annual 
     priority list in accordance with clause (i) or secures only a 
     written disapproval from the Administrator for a list 
     submitted under subclauses (I) or (III) of clause (iii), the 
     Administrator shall compile a priority list for the fiscal 
     year that includes--

       ``(aa) a specification, in order of priority, of activities 
     that will assist in meeting the goals and objectives of the 
     Action Plan or Blueprint;
       ``(bb) the criteria and methods for selecting activities 
     for grants, contracts, and interagency agreements under this 
     subsection; and
       ``(cc) any activities from previous lists compiled under 
     clause (i) and approved under clause (iii) that have not yet 
     been funded.

       ``(II) Approval.--A list compiled by the Administrator in 
     accordance with subclause (I) shall be considered to be an 
     approved annual priority list for the purposes of this 
     section.

[[Page 22674]]

       ``(D) Transfer of funds.--Of amounts made available to 
     carry out this section, the Administrator may--
       ``(i) transfer not more than $475,000,000 to the head of 
     any Federal department or agency, with the concurrence of the 
     department or agency head, to carry out activities to support 
     the Action Plan, the Blueprint, or the Great Lakes Water 
     Quality Agreement;
       ``(ii) enter into an interagency agreement with the head of 
     any Federal department or agency to carry out activities 
     described in the annual priority list; and
       ``(iii) make grants to and enter into cooperative 
     agreements with governmental entities, nonprofit 
     organizations, institutions, and educational institutions to 
     carry out planning, research, monitoring, outreach, training, 
     studies, surveys, investigations, experiments, demonstration 
     projects, and implementation relating to the activities 
     described in the annual priority list.
       ``(E) Scope.--
       ``(i) In general.--The scope of activities carried out 
     pursuant to this section shall be, to the maximum extent 
     practicable, geographically diverse, and include--

       ``(I) local activities;
       ``(II) Great Lakes-wide activities; and
       ``(III) Great Lakes basin activities.

       ``(ii) Limitation.--No amounts made available to carry out 
     this section may be used for any water infrastructure 
     activity (other than a green infrastructure project) for 
     which amounts are made available from--

       ``(I) a State water pollution control revolving fund 
     established under title VI; or
       ``(II) a State drinking water revolving loan fund 
     established under section 1452 of the Safe Drinking Water Act 
     (42 U.S.C. 300j-12).

       ``(F) Activities by other federal agencies.--Each relevant 
     Federal department and agency shall, to the maximum extent 
     practicable--
       ``(i) maintain the base level of funding for the Great 
     Lakes activities of the agency; and
       ``(ii) on an annual basis, identify for the Great Lakes 
     Leadership Council new activities for upcoming fiscal years 
     to support the environmental goals of the Action Plan or the 
     Blueprint for inclusion on the annual priority list.
       ``(G) Funding.--
       ``(i) Authorization of appropriations.--

       ``(I) In general.--Subject to subclause (II), there is 
     authorized to be appropriated to carry out this section 
     $475,000,000 for each of fiscal years 2012 through 2017.
       ``(II) Council funds.--For each of fiscal years 2012 
     through 2017, out of any amounts made available to the 
     Administrator under subclause (I), not more than $1,000,000 
     shall be provided to the Great Lakes Leadership Council 
     established under paragraph (7) for the operating costs of 
     the Council.

       ``(ii) Partnerships.--Of the amounts made available to 
     carry out this section, the Administrator shall transfer 
     expeditiously to the Federal partners such sums as are 
     necessary for subsequent use and distribution by the Federal 
     partners in accordance with this section.'';
       (7) by striking paragraph (9) (as redesignated by paragraph 
     (1)) and inserting the following:
       ``(9) Great lakes interagency task force.--
       ``(A) Establishment.--There is established a task force, to 
     be known as the `Great Lakes Interagency Task Force' as 
     described in Executive Order 13340 (33 U.S.C. 1268 note) and 
     relating to the implementation of Federal responsibilities 
     under the Action Plan and the Blueprint.
       ``(B) Management.--The Administrator shall serve as the 
     chairperson for the Great Lakes Interagency Task Force.
       ``(C) Coordination.--The Program Office shall provide 
     guidance and support to the Great Lakes Interagency Task 
     Force and coordinate, to the maximum extent practicable, with 
     the Great Lakes Leadership Council.
       ``(D) Duties.--The Great Lakes Interagency Task Force 
     shall--
       ``(i) collaborate with Canada, provinces of Canada, and 
     binational bodies involved in the Great Lakes region 
     regarding policies, strategies, projects, and priorities for 
     the Great Lakes System;
       ``(ii)(I) coordinate the development of Federal policies, 
     strategies, projects, and priorities for addressing the 
     restoration and protection of the Great Lakes System 
     consistent with the Federal implementation of the approved 
     annual priority list and the Great Lakes Water Quality 
     Agreement, as well as the creation and update of the 
     Blueprint; and
       ``(II) assist in the appropriate management of the Great 
     Lakes System;
       ``(iii) use outcome-based goals to guide the implementation 
     of the annual priority list, as well as the creation and 
     update of the Blueprint, relying on existing data and 
     science-based indicators of water quality, related 
     environmental factors, and other information--

       ``(I) to focus on outcomes such as cleaner water, 
     sustainable fisheries, and biodiversity of the Great Lakes 
     basin; and
       ``(II) to ensure that Federal policies, strategies, 
     projects, and priorities support measurable results;

       ``(iv) exchange information regarding policies, strategies, 
     projects, and activities of the agencies represented on the 
     Great Lakes Interagency Task Force relating to--

       ``(I) the Great Lakes basin;
       ``(II) the Great Lakes Regional Collaboration Strategy; and
       ``(III) the Blueprint or the Action Plan;

       ``(v) coordinate government action associated with the 
     Great Lakes basin;
       ``(vi) ensure coordinated Federal scientific and other 
     research associated with the Great Lakes basin; and
       ``(vii) provide technical assistance to the Great Lakes 
     Leadership Council, including in the compilation of the 
     annual priority list.'';
       (8) by striking paragraph (11) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(11) Reports.--
       ``(A) Annual comprehensive restoration report.--Not later 
     than 90 days after the end of each fiscal year, in lieu of 
     the report required under this paragraph as in effect on the 
     day before the date of enactment of the Great Lakes Ecosystem 
     Protection Act of 2010, the Administrator shall submit to 
     Congress and make publicly available a comprehensive report 
     on the overall health of the Great Lakes that includes--
       ``(i) a description of the achievements during the fiscal 
     year in implementing the annual priority list, the Great 
     Lakes Water Quality Agreement, and any other applicable 
     agreements or amendments that--

       ``(I) demonstrate, by category (including categories for 
     judicial enforcement, research, State cooperative efforts, 
     and general administration) the amounts expended on Great 
     Lakes water quality initiatives for the fiscal year;
       ``(II) describe the progress made during the fiscal year in 
     implementing the system of surveillance of the water quality 
     in the Great Lakes System, including the monitoring of 
     groundwater and sediment, with a particular focus on toxic 
     pollutants;
       ``(III) describe the prospects of meeting the goals and 
     objectives of the Action Plan, the Blueprint, and the Great 
     Lakes Water Quality Agreement; and
       ``(IV) provide a comprehensive assessment of the planned 
     efforts to be pursued in the succeeding fiscal year for 
     implementing the Action Plan, the Blueprint, the Great Lakes 
     Water Quality Agreement, and any other applicable agreements 
     or amendments that--

       ``(aa) indicate, by category (including categories for 
     judicial enforcement, research, State cooperative efforts, 
     and general administration) the amount anticipated to be 
     expended on Great Lakes water quality initiatives for the 
     applicable fiscal year; and
       ``(bb) include a report on programs administered by other 
     Federal agencies that make resources available for Great 
     Lakes water quality management efforts;
       ``(ii) a detailed list of accomplishments of the Action 
     Plan or the Blueprint with respect to each organizational 
     element of the Blueprint and the means by which progress will 
     be evaluated;
       ``(iii) recommendations for streamlining the work of 
     existing Great Lakes advisory and coordinating bodies, 
     including a recommendation for eliminating any such entity if 
     the work of the entity--

       ``(I) is duplicative; or
       ``(II) complicates the protection and restoration of the 
     Great Lakes; and

       ``(iv) with respect to each priority submitted under 
     paragraph (8)(C) and recommendations submitted by the Great 
     Lakes Leadership Council under subclauses (II) and (III) of 
     paragraph (7)(A)(ii) during the fiscal year, the reasons why 
     the Administrator implemented, or did not implement, the 
     priorities and recommendations.
       ``(B) Crosscut budget.--Not later than 45 days after the 
     date of submission of the budget of the President to 
     Congress, the Director of the Office of Management and 
     Budget, in coordination with the Governor of each Great Lakes 
     State and the Great Lakes Interagency Task Force, shall 
     submit to Congress and make publicly available a financial 
     report, certified by the head of each agency that has budget 
     authority for Great Lakes restoration activities, 
     containing--
       ``(i) an interagency budget crosscut report that--

       ``(I) describes the budget proposed, including funding 
     allocations by each agency for the Action Plan or the 
     Blueprint;
       ``(II) identifies any adjustments made since the date of 
     submission of the budget request;
       ``(III) identifies the amounts requested by each 
     participating Federal agency to carry out restoration and 
     protection activities in the subsequent fiscal year, listed 
     by the Federal law under which the activity will be carried 
     out;
       ``(IV) compares specific funding levels allocated for 
     participating Federal agencies by fiscal year; and
       ``(V) identifies all expenditures since fiscal year 2004 by 
     the Federal Government and State and tribal governments for 
     Great Lakes restoration activities;

       ``(ii) a detailed accounting by agency and focus area under 
     the Action Plan or the Blueprint of all amounts received, 
     obligated, and expended by all Federal agencies and, to the 
     maximum extent practicable, State and tribal agencies using 
     Federal funds, for Great Lakes restoration activities during 
     the current and previous fiscal years;

[[Page 22675]]

       ``(iii) a budget for the proposed projects (including a 
     description of the project, authorization level, and project 
     status) to be carried out in the subsequent fiscal year, 
     including the Federal share of costs for the projects; and
       ``(iv) a list of all projects to be undertaken in the 
     subsequent fiscal year, including the Federal share of costs 
     for the projects.''; and
       (9) in paragraph (13) (as redesignated by paragraph (1))--
       (A) in subparagraph (E)--
       (i) by striking clause (i) and inserting the following:
       ``(i) Non-federal share reduction for certain state, local, 
     and tribal government sponsors.--At the discretion of the 
     Administrator, the Administrator may reduce, but not 
     eliminate, the non-Federal share requirement for State, 
     local, or tribal government sponsors, if the Administrator 
     determines that contribution of the full non-Federal share 
     would result in economic hardship for the applicable State, 
     local, or tribal government sponsor.''; and
       (B) in subparagraph (H), by striking clause (i) and 
     inserting the following:
       ``(i) Authorization of appropriations.--In addition to 
     other amounts authorized under this section, there are 
     authorized to be appropriated to carry out this paragraph--

       ``(I) $50,000,000 for each of fiscal years 2004 through 
     2011; and
       ``(II) $150,000,000 for each of fiscal years 2012 through 
     2017.''.

       (c) Authorization of Appropriations.--Section 118(h) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1268(h)) is 
     amended--
       (1) by striking paragraphs (1) through (3);
       (2) by inserting the following:
       ``(1) Program office.--Out of any amounts made available to 
     carry out this section, there is authorized to be 
     appropriated to the Program Office to cover the operating 
     costs of the Program Office (including costs relating to 
     personnel, operations, and administration) $25,000,000 for 
     each of fiscal years 2012 through 2017.
       ``(2) Task force.--Out of any amounts made available to 
     carry out this section, there is authorized to be 
     appropriated to the Great Lakes Interagency Task Force to 
     cover the cost of providing technical assistance to the Great 
     Lakes Leadership Council (including the compilation of the 
     annual priority list) $5,000,000 for each of fiscal years 
     2012 through 2017.''.
       (d) Effect of Section.--Nothing in this section or an 
     amendment made by this section affects--
       (1) the jurisdiction, powers, or prerogatives of--
       (A) any department, agency, or officer of--
       (i) the Federal Government; or
       (ii) any State or tribal government; or
       (B) any international body established by treaty with 
     authority relating to the Great Lakes (as defined in section 
     118(a)(3) of the Federal Water Pollution Control Act (33 
     U.S.C. 1268(a)(3))); or
       (2) any other Federal or State authority that is being used 
     or may be used to facilitate the cleanup and protection of 
     the Great Lakes (as so defined).

     SEC. 10253. CONTAMINATED SEDIMENT REMEDIATION APPROACHES, 
                   TECHNOLOGIES, AND TECHNIQUES.

       Section 106(b) of the Great Lakes Legacy Act of 2002 (33 
     U.S.C. 1271a(b)) is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--In addition to amounts authorized under 
     other laws, there are authorized to be appropriated to carry 
     out this section--
       ``(A) $3,000,000 for each of fiscal years 2004 through 
     2010; and
       ``(B) $5,000,000 for each of fiscal years 2012 through 
     2016.''.

     SEC. 10254. AQUATIC NUISANCE SPECIES.

       During the 1-year period beginning on the date of enactment 
     of this Act, the Secretary of the Army shall implement 
     measures recommended in the efficacy study, or provided in 
     interim reports, authorized under section 3061 of the Water 
     Resources Development Act of 2007 (121 Stat. 1121), with such 
     modifications or emergency measures as the Secretary of the 
     Army determines to be appropriate, to prevent aquatic 
     nuisance species from bypassing the Chicago Sanitary and Ship 
     Canal Dispersal Barrier Project referred to in that section 
     and to prevent aquatic nuisance species from dispersing into 
     the Great Lakes.

               Subtitle G--Long Island Sound Restoration

     SEC. 10261. SHORT TITLE.

       This subtitle may be cited as the ``Long Island Sound 
     Restoration and Stewardship Act''.

     SEC. 10262. AMENDMENTS.

       (a) Long Island Sound Restoration Program.--
       (1) In general.--Section 119 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1269) is amended--
       (A) by redesignating subsections (a) through (c), (d), (e), 
     and (f) as subsections (b) through (d), (k), (l), and (m), 
     respectively;
       (B) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Definitions.--In this section:
       ``(1) Conference study.--The term `conference study' means 
     the management conference of the Long Island Sound Study 
     established pursuant to section 320.
       ``(2) Long island sound state.--The term `Long Island Sound 
     State' means each of the States of Connecticut, 
     Massachusetts, New Hampshire, New York, Rhode Island, and 
     Vermont.
       ``(3) Long island sound tmdl.--The term `Long Island Sound 
     TMDL' means a total maximum daily load established or 
     approved by the Administrator to achieve water quality 
     standards in the waters of the Long Island Sound under 
     section 303(d).
       ``(4) Long island sound watershed.--The term `Long Island 
     Sound watershed' means Long Island Sound and the area 
     consisting of the drainage basin leading into Long Island 
     Sound, including--
       ``(A) the Connecticut River and associated tributaries;
       ``(B) the Housatonic River and associated tributaries;
       ``(C) the Thames River and associated tributaries;
       ``(D) the Pawcatuck River and associated tributaries; and
       ``(E) all other tributaries in the States of Connecticut 
     and New York that drain into Long Island Sound.
       ``(5) Needs-based applicant.--The term `needs-based 
     applicant' means a public entity that meets the economic and 
     affordability criteria established by the Administrator, in 
     consultation with the Director of the Office.
       ``(6) Office.--The term `Office' means the office 
     established pursuant to subsection (b)(2).'';
       (C) by striking subsection (b) (as so redesignated) and 
     inserting the following:
       ``(b) Conference Study; Establishment of Office.--The 
     Administrator shall--
       ``(1) continue the conference study; and
       ``(2) establish an office in accordance with this section, 
     to be located on or near Long Island Sound.'';
       (D) in subsection (d) (as so redesignated)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Management Conference of the Long Island Sound Study'' and 
     inserting ``conference study'';
       (ii) in paragraph (2)--

       (I) in each of subparagraphs (A) through (G), by striking 
     the commas at the end of the subparagraphs and inserting 
     semicolons;
       (II) in subparagraph (H), by striking ``, and'' and 
     inserting a semicolon;
       (III) in subparagraph (I), by striking the period at the 
     end and inserting a semicolon; and
       (IV) by adding at the end the following:

       ``(J) the impacts of climate change on the Long Island 
     Sound watershed, including--
       ``(i) the identification and assessment of vulnerabilities 
     in the watershed;
       ``(ii) the development and implementation of adaptation 
     strategies to reduce those vulnerabilities; and
       ``(iii) the identification and assessment of the impacts of 
     sea level rise on water quality, habitat, and infrastructure 
     in Long Island Sound; and
       ``(K) planning initiatives for Long Island Sound that 
     identify the areas that are most suitable for various types 
     or classes of activities in order to reduce conflicts among 
     uses, reduce environmental impacts, facilitate compatible 
     uses, or preserve critical ecosystem services to meet 
     economic, environmental, security, or social objectives;'';
       (iii) by striking paragraph (4) and inserting the 
     following:
       ``(4) develop and implement strategies to increase public 
     education and awareness with respect to the ecological health 
     and water quality conditions of Long Island Sound;'';
       (iv) in paragraph (5), by inserting ``study'' after 
     ``conference'';
       (v) in paragraph (6)--

       (I) by inserting ``(including on the Internet)'' after 
     ``the public''; and
       (II) by inserting ``study'' after ``conference''; and

       (vi) by striking paragraph (7) and inserting the following:
       ``(7) monitor the progress made toward meeting the 
     identified goals, actions, and schedules of the Comprehensive 
     Conservation and Management Plan, including through the 
     implementation and support of a monitoring system for the 
     ecological health and water quality conditions of Long Island 
     Sound; and'';
       (E) by inserting after subsection (d) (as so redesignated) 
     the following:
       ``(e) Stormwater Discharges.--
       ``(1) Regional stormwater permitting.--Notwithstanding 
     section 402(p)(3)(B)(i), and at the request of applicable 
     municipalities within the Long Island Sound watershed, a 
     permit under section 402(p) for discharges composed entirely 
     of stormwater may be issued on a regional basis.
       ``(2) Regulations.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of the Long Island Sound Restoration and 
     Stewardship Act, and after providing notice and an 
     opportunity for public comment, the Administrator shall 
     promulgate regulations to implement this subsection, 
     including regulations for the issuance of permits under 
     section 402(p) and, specifically, permit issuance on a 
     regional basis under paragraph (1).
       ``(B) Permit requirements.--In carrying out subparagraph 
     (A), the Administrator shall ensure that--
       ``(i) all permits held by industrial stormwater dischargers 
     located within an

[[Page 22676]]

     area subject to a municipal discharge permit under section 
     402(p), regardless of whether the permits are regional 
     permits issued under paragraph (1) or general or individual 
     permits, conform to the conditions included in the municipal 
     discharge permit;
       ``(ii) all permits held by construction activity 
     dischargers located within an area subject to a municipal 
     discharge permit issued under section 402(p), regardless of 
     whether the permits are regional permits issued under 
     paragraph (1) or general or individual permits, conform to 
     the conditions included in the municipal discharge permit; 
     and
       ``(iii) monitoring requirements are included in all permits 
     issued under section 402(p).
       ``(3) Technical assistance.--The Administrator may provide 
     technical assistance to a municipality with respect to the 
     establishment of a regional permit issued under paragraph 
     (1).
       ``(f) Report.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Long Island Sound Restoration and 
     Stewardship Act, and biennially thereafter, the Director of 
     the Office, in consultation with the Governor of each Long 
     Island Sound State participating in the conference study, 
     shall submit to Congress a report that--
       ``(A) summarizes and assesses the progress made by the 
     Office and the participating Long Island Sound States in 
     implementing the Long Island Sound Comprehensive Conservation 
     and Management Plan, including an assessment of the progress 
     made toward meeting the performance goals and milestones 
     contained in the Plan;
       ``(B) assesses the key ecological attributes that reflect 
     the health of the ecosystem of the Long Island Sound 
     watershed;
       ``(C) describes any substantive modifications to the Long 
     Island Sound Comprehensive Conservation and Management Plan 
     made during the 2-year period preceding the date of 
     submission of the report;
       ``(D) provides specific recommendations to improve progress 
     in restoring and protecting the Long Island Sound watershed, 
     including, as appropriate, proposed modifications to the Long 
     Island Sound Comprehensive Conservation and Management Plan;
       ``(E) identifies priority actions for implementation of the 
     Long Island Sound Comprehensive Conservation and Management 
     Plan for the 2-year period following the date of submission 
     of the report; and
       ``(F) describes the means by which Federal funding and 
     actions will be coordinated with the actions of the 
     participating Long Island Sound States and other entities.
       ``(2) Public availability.--The Administrator shall make 
     the report described in paragraph (1) available to the 
     public, including on the Internet.
       ``(g) Annual Budget Plan.--The President shall submit, 
     together with the annual budget of the United States 
     Government submitted under section 1105(a) of title 31, 
     United States Code, information regarding each Federal 
     department and agency involved in the protection and 
     restoration of the Long Island Sound watershed, including--
       ``(1) an interagency crosscut budget that displays for each 
     department and agency--
       ``(A) the amount obligated during the preceding fiscal year 
     for protection and restoration projects and studies relating 
     to the watershed;
       ``(B) the estimated budget for the current fiscal year for 
     protection and restoration projects and studies relating to 
     the watershed; and
       ``(C) the proposed budget for succeeding fiscal years for 
     protection and restoration projects and studies relating to 
     the watershed; and
       ``(2) a summary of any proposed modifications to the Long 
     Island Sound Comprehensive Conservation and Management Plan 
     for the following fiscal year.
       ``(h) Federal Entities.--
       ``(1) Coordination.--The Administrator shall coordinate the 
     actions of all Federal departments and agencies that impact 
     water quality in the Long Island Sound watershed in order to 
     improve the water quality and living resources of the 
     watershed.
       ``(2) Methods.--In carrying out this section, the 
     Administrator, acting through the Director of the Office, 
     may--
       ``(A) enter into interagency agreements; and
       ``(B) make intergovernmental personnel appointments.
       ``(3) Federal participation in watershed planning.--A 
     Federal department or agency that owns or occupies real 
     property, or carries out activities, within the Long Island 
     Sound watershed shall participate in regional and 
     subwatershed planning, protection, and restoration activities 
     with respect to the watershed.
       ``(4) Consistency with comprehensive conservation and 
     management plan.--
       ``(A) In general.--To the maximum extent practicable, the 
     head of each Federal department and agency that owns or 
     occupies real property, or carries out activities, within the 
     Long Island Sound watershed shall ensure that the property 
     and all activities carried out by the department or agency 
     are consistent with the Long Island Sound Comprehensive 
     Conservation and Management Plan (including any related 
     subsequent agreements and plans).
       ``(B) Forested lands and riparian habitat.--Not later than 
     2 years after the date of enactment of the Long Island Sound 
     Restoration and Stewardship Act, the Administrator shall 
     coordinate with the head of each Federal agency that owns or 
     occupies real property within the Long Island Sound watershed 
     to develop and implement--
       ``(i) a plan to maximize, to the extent practicable, forest 
     cover and riparian habitat on the property; and
       ``(ii) a plan for reforestation and riparian habitat 
     recovery, if necessary, on the property.
       ``(C) Stormwater management practices.--Not later than 2 
     years after the date of enactment of the Long Island Sound 
     Restoration and Stewardship Act, the Administrator shall 
     coordinate with the head of each Federal agency that owns or 
     occupies real property within the Long Island Sound watershed 
     to develop and implement a plan to minimize or eliminate the 
     discharge of stormwater.
       ``(D) Plum island.--Notwithstanding any other provision of 
     law, the Administrator of General Services shall ensure that 
     any sale or other disposition of real and related personal 
     property and transportation assets pursuant to section 540 of 
     the Consolidated Security, Disaster Assistance, and 
     Continuing Appropriations Act, 2009 (Public Law 110-329; 122 
     Stat. 3688) preserves or enhances the environmental, 
     ecological, cultural, historic, and scenic characteristics of 
     the property or assets.
       ``(i) Trading Program.--
       ``(1) Establishment.--The Administrator shall, in 
     consultation with the Governor of each Long Island Sound 
     State--
       ``(A) not later than September 30, 2011, publish a proposal 
     for a voluntary interstate nitrogen trading program with 
     respect to Long Island Sound that includes the generation, 
     trading, and use of nitrogen credits to facilitate the 
     attainment and maintenance of the Long Island Sound TMDL; and
       ``(B) not later than March 1, 2012, establish a voluntary 
     interstate nitrogen trading program with respect to Long 
     Island Sound that includes the generation, trading, and use 
     of nitrogen credits to facilitate the attainment and 
     maintenance of the Long Island Sound TMDL.
       ``(2) Requirements.--The trading program established under 
     paragraph (1) shall, at a minimum--
       ``(A) establish procedures or standards for certifying, 
     verifying, and enforcing nitrogen credits to ensure that 
     credit-generating practices from both point sources and 
     nonpoint sources are achieving actual reductions in nitrogen; 
     and
       ``(B) establish procedures or standards for providing 
     public transparency with respect to trading activity.
       ``(j) Annual Priority List.--
       ``(1) In general.--After providing notice, the Director of 
     the Office, in consultation with the Governors of each Long 
     Island Sound State participating in the conference study, 
     shall annually compile a priority list identifying and 
     prioritizing the activities, projects, programs, and studies 
     intended to be funded during the succeeding fiscal year with 
     the amounts made available under subsection (k).
       ``(2) Inclusions.--The annual priority list compiled under 
     paragraph (1) shall include--
       ``(A) a prioritized list of specific activities, projects, 
     programs, and studies that--
       ``(i) advance the goals and objectives of the approved Long 
     Island Sound Comprehensive Conservation and Management Plan; 
     and
       ``(ii) select, to the maximum extent practicable and 
     consistent with clause (i), those projects for which the 
     matching funds available exceed the minimum level required 
     under subsection (k)(3).
       ``(B) information on the activities, projects, programs, 
     and studies specified under subparagraph (A), including a 
     description of--
       ``(i) the terms of financial assistance agreements or 
     interagency agreements;
       ``(ii) the identities of the financial assistance 
     recipients or the Federal agency parties to the interagency 
     agreements; and
       ``(iii) the communities to be served; and
       ``(C) the criteria and methods established by the Director 
     of the Office for the selection of activities, projects, 
     programs, and studies.
       ``(3) Approval of list.--
       ``(A) Submission.--On August 1 of each calendar year, the 
     Director of the Office shall submit the annual priority list 
     compiled under paragraph (1) to the Administrator for 
     approval.
       ``(B) Approval.--The Administrator shall approve or 
     disapprove a list submitted under subparagraph (A) or 
     resubmitted under subparagraph (C) based on a determination 
     of whether--
       ``(i) the activities, projects, programs, and studies 
     listed advance the goals and objectives of the approved Long 
     Island Sound Comprehensive Conservation and Management Plan; 
     and
       ``(ii) the list, as a whole, meets the criteria established 
     under subsection (j)(2)(A)(ii).
       ``(C) Effect of disapproval.--If the Administrator 
     disapproves a list submitted under subparagraph (A) or (C), 
     the Administrator shall--

[[Page 22677]]

       ``(i) provide the Director of the Office, in writing, a 
     notification of the basis for the disapproval; and
       ``(ii) allow the Director of the Office the opportunity for 
     resubmission of a revised annual priority list that 
     addresses, to the maximum extent practicable, the comments 
     contained in the written disapproval of the Administrator 
     described in clause (i).
       ``(D) Failure of administrator to respond.--If, by the date 
     that is 60 days after the date of submission or resubmission 
     to the Administrator of an annual priority list by the 
     Director of the Office, the Administrator fails to respond to 
     the submission or resubmission in writing, the annual 
     priority list shall be considered to be approved.
       ``(4) Failure to compile list.--
       ``(A) In general.--If, by the date that is 180 days after 
     the annual date of submission specified in paragraph (3)(A), 
     the Director of the Office fails to compile an annual 
     priority list in accordance with paragraph (1) or secures 
     only a written disapproval from the Administrator for a list 
     submitted under subparagraph (A) or (C) of paragraph (3), the 
     Administrator shall compile a priority list for the fiscal 
     year that includes--
       ``(i) activities, projects, programs, or studies that 
     advance the goals and objectives of the approved Long Island 
     Sound Comprehensive Conservation and Management Plan;
       ``(ii) any identified activities, projects, programs, or 
     studies from previously approved priority lists that have not 
     yet been funded;
       ``(iii) information on the activities, projects, programs, 
     and studies specified under clause (i) and (ii), including a 
     description of--

       ``(I) the terms of financial assistance agreements or 
     interagency agreements;
       ``(II) the identities of the financial assistance 
     recipients or the Federal agency parties to the interagency 
     agreements; and
       ``(III) the communities to be served; and

       ``(iv) the criteria and methods established by the 
     Administrator for selection of activities, projects, 
     programs, and studies.
       ``(B) Approval.--A list compiled by the Administrator in 
     accordance with subparagraph (A) shall be considered to be an 
     approved annual priority list for the purposes of this 
     section.'';
       (F) by striking subsection (k) (as so redesignated) and 
     inserting the following:
       ``(k) Grants.--
       ``(1) In general.--The Administrator may provide grants 
     under this subsection for activities, projects, programs, and 
     studies included on an annual priority list approved pursuant 
     to subsection (j).
       ``(2) Eligibility.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Administrator may provide grants under this subsection to 
     State, interstate, and regional water pollution control 
     agencies and other public and nonprofit private agencies, 
     institutions, and organizations.
       ``(B) Construction of treatment works.--
       ``(i) In general.--The Administrator may provide a grant 
     under this subsection for the construction of a publicly 
     owned treatment works, including municipal separate storm 
     sewer systems (which may use low-impact development 
     technologies or other innovative approaches or methods to 
     address combined sewer overflows), within a Long Island Sound 
     State only--

       ``(I) to a municipal, intermunicipal, State, or interstate 
     agency;
       ``(II) if the State in which the recipient agency is 
     located has established, or the Administrator has established 
     for the State, allocations for discharges within the State in 
     a Long Island Sound TMDL; and
       ``(III) if the project is included on an annual priority 
     list approved pursuant to subsection (j).

       ``(ii) Minimum funding.--To the extent practicable, the 
     Administrator shall make grants to agencies under this 
     subparagraph in a manner that ensures that each Long Island 
     Sound State meeting the criteria established in clause 
     (i)(II) receives for each fiscal year not less than 5 percent 
     of the total amount made available in grants under this 
     subparagraph in that fiscal year.
       ``(3) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the total cost of an activity, project, 
     program, or study funded by a grant provided under this 
     subsection shall not exceed--
       ``(i) 95 percent, in the case of a citizen involvement or 
     citizen education grants;
       ``(ii) 65 percent of the costs of construction, in the case 
     of a grant to construct a municipal storm sewer system made 
     under this subsection to a municipality that is subject to a 
     regional permit issued under subsection (e)(1); or
       ``(iii) 50 percent, in the case of any other activity, 
     project, program, or study.
       ``(B) In-kind contributions.--The non-Federal share of the 
     cost of an activity, project, program, or study carried out 
     under this section may include the value of any in-kind 
     services contributed by a non-Federal sponsor.
       ``(C) Exception.--The Administrator may use up to 15 
     percent of the funds made available to carry out this 
     subsection for a fiscal year to increase the Federal share up 
     to 100 percent for an activity, project, program, or study 
     that is carried out by a needs-based applicant.
       ``(D) Non-federal share.--Each grant provided under this 
     subsection shall be provided on the condition that the non-
     Federal share of the costs of the activity, project, program, 
     or study funded by the grant are provided from non-Federal 
     sources.''; and
       (G) by striking subsection (m) (as so redesignated) and 
     inserting the following:
       ``(m) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section (other than subsection (k)) such 
     sums as are necessary for each of fiscal years 2012 through 
     2016.
       ``(2) Relationship to other funding.--The conference study 
     shall be eligible to receive funding under section 320(g), 
     except to the extent that funds provided under this section 
     for projects and programs are used for the general 
     administration of the management conference under section 
     320.
       ``(3) Grants.--There are authorized to be appropriated to 
     carry out subsection (k)--
       ``(A) for grants described in subsection (k)(2)(B) to 
     construct publicly owned treatment works, including municipal 
     separate storm sewer systems (which may use low-impact 
     development technologies or other innovative approaches or 
     methods to address combined sewer overflows)--
       ``(i) $125,000,000 for fiscal year 2012; and
       ``(ii) $250,000,000 for each of fiscal years 2013 through 
     2016; and
       ``(B) for all grants other than those described in 
     subsection (k)(2)(B), $40,000,000 for each of fiscal years 
     2012 through 2016.''.
       (b) Long Island Sound Stewardship Program.--
       (1) Long island sound stewardship advisory committee.--
     Section 8 of the Long Island Sound Stewardship Act of 2006 
     (33 U.S.C. 1269 note; Public Law 109-359) is amended--
       (A) in subsection (g), by striking ``2011'' and inserting 
     ``2016''; and
       (B) by adding at the end the following:
       ``(h) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to--
       ``(1) the Advisory Committee; or
       ``(2) any board, committee, or other group established 
     under this Act.''.
       (2) Reports.--Section 9(b)(1) of the Long Island Sound 
     Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
     359) is amended in the matter preceding subparagraph (A) by 
     striking ``2011'' and inserting ``2016''.
       (3) Authorization of appropriations.--Section 11 of the 
     Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 
     note; Public Law 109-359) is amended--
       (A) by striking subsection (a) and inserting the following:
       ``(a) In General.--There are authorized to be appropriated 
     to the Administrator for each of fiscal years 2012 through 
     2016--
       ``(1) to provide grants under section 7, $25,000,000; and
       ``(2) to carry out other provisions of this Act, such 
     additional sums as are necessary.''; and
       (B) in subsection (b), by striking ``under this section 
     each'' and inserting ``to carry out this Act for a''.
       (4) Effective date.--The amendments made by this subsection 
     take effect on October 1, 2010.

     SEC. 10263. INNOVATIVE STORMWATER MANAGEMENT APPROACHES.

       Title V of the Federal Water Pollution Control Act (33 
     U.S.C. 1361 et seq.) is amended--
       (1) by redesignating section 519 as section 520; and
       (2) by inserting after section 518 the following:

     ``SEC. 519. INNOVATIVE STORMWATER MANAGEMENT APPROACHES.

       ``To the maximum extent practicable, the Administrator 
     shall consider the use of innovative stormwater management 
     practices and approaches, including nutrient trading with 
     respect to water quality and the use of low impact 
     development technologies, in meeting the requirements of this 
     Act.''.

     SEC. 10264. NUTRIENT BIOEXTRACTION PILOT PROJECT.

       (a) Definition of Nutrient Bioextraction.--In this section, 
     the term ``nutrient bioextraction'' means an environmental 
     management strategy under which nutrients are removed from an 
     aquatic ecosystem through the harvest of enhanced biological 
     production, including the aquaculture of suspension-feeding 
     shellfish or algae.
       (b) Pilot Project.--Not later than 2 years after the date 
     of enactment of this Act, the Administrator of the 
     Environmental Protection Agency shall carry out a pilot 
     project to demonstrate the efficacy of nutrient bioextraction 
     for the removal of nitrogen and phosphorous from the waters 
     of the Long Island Sound watershed.
       (c) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results of the pilot project 
     under this section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000.

[[Page 22678]]



      Subtitle H--Chesapeake Clean Water and Ecosystem Restoration

     SEC. 10271. SHORT TITLE.

       This subtitle may be cited as the ``Chesapeake Clean Water 
     and Ecosystem Restoration Act''.

     SEC. 10272. CHESAPEAKE BASIN PROGRAM.

       Section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267) is amended to read as follows:

     ``SEC. 117. CHESAPEAKE BASIN PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Administrative cost.--The term `administrative cost' 
     means the cost of salaries and fringe benefits incurred in 
     administering a financial assistance agreement under this 
     section.
       ``(2) Asian oyster.--The term `Asian oyster' means the 
     species Crassostrea ariakensis.
       ``(3) Baseline.--The term `baseline'--
       ``(A) means the basic standard or level of the nitrogen and 
     phosphorus control requirements a credit seller shall achieve 
     to be eligible to generate saleable nitrogen and phosphorus 
     credits; and
       ``(B) consists of the nitrogen and phosphorus load 
     reductions required of individual sources to meet water 
     quality standards and load or waste load allocations under 
     all applicable total maximum daily loads and watershed 
     implementation plans.
       ``(4) Basin commissions.--The term `basin commissions' 
     means--
       ``(A) the Interstate Commission on the Potomac River Basin 
     established under the interstate compact consented to and 
     approved by Congress under the Joint Resolution of July 11, 
     1940 (54 Stat. 748, chapter 579) and Public Law 91-407 (84 
     Stat. 856);
       ``(B) the Susquehanna River Basin Commission established 
     under the interstate compact consented to and approved by 
     Congress under Public Law 91-575 (84 Stat. 1509) and Public 
     Law 99-468 (100 Stat. 1193); and
       ``(C) the Chesapeake Bay Commission, a tri-State 
     legislative assembly representing Maryland, Virginia, and 
     Pennsylvania created in 1980 to coordinate Bay-related policy 
     across State lines and to develop shared solutions.
       ``(5) Chesapeake basin.--The term `Chesapeake Basin' 
     means--
       ``(A) the Chesapeake Bay; and
       ``(B) the area consisting of 19 tributary basins within the 
     Chesapeake Basin States through which precipitation drains 
     into the Chesapeake Bay.
       ``(6) Chesapeake basin ecosystem.--The term `Chesapeake 
     Basin ecosystem' means the ecosystem of the Chesapeake Basin.
       ``(7) Chesapeake basin program.--The term `Chesapeake Basin 
     Program' means the program, formerly known as the `Chesapeake 
     Bay Program', directed by the Chesapeake Executive Council in 
     accordance with the Chesapeake Bay Agreement (including any 
     successor programs).
       ``(8) Chesapeake basin state.--The term `Chesapeake Basin 
     State' means any of--
       ``(A) the States of Delaware, Maryland, New York, 
     Pennsylvania, Virginia, and West Virginia; or
       ``(B) the District of Columbia.
       ``(9) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Basin ecosystem and the living resources of the Chesapeake 
     Basin ecosystem and signed by the Chesapeake Executive 
     Council.
       ``(10) Chesapeake bay tidal segment.--The term `Chesapeake 
     Bay tidal segment' means any of the 92 tidal segments that--
       ``(A) make up the Chesapeake Bay; and
       ``(B) are identified by a Chesapeake Basin State pursuant 
     to section 303(d).
       ``(11) Chesapeake bay tmdl.--
       ``(A) In general.--The term `Chesapeake Bay TMDL' means the 
     total maximum daily load (including any revision) established 
     or approved by the Administrator for nitrogen, phosphorus, 
     and sediment loading to the waters in the Chesapeake Bay and 
     the Chesapeake Bay tidal segments.
       ``(B) Inclusions.--The term `Chesapeake Bay TMDL' includes 
     nitrogen, phosphorus, and sediment allocations in temporal 
     units of greater-than-daily duration, if the allocations--
       ``(i) are demonstrated to achieve water quality standards; 
     and
       ``(ii) do not lead to violations of other applicable water 
     quality standards for local receiving waters.
       ``(12) Chesapeake executive council.--The term `Chesapeake 
     Executive Council' means the signatories to the Chesapeake 
     Bay Agreement.
       ``(13) Cleaning agent.--The term `cleaning agent' means a 
     laundry detergent, dishwashing compound, household cleaner, 
     metal cleaner, degreasing compound, commercial cleaner, 
     industrial cleaner, phosphate compound, or other substance 
     that is intended to be used for cleaning purposes.
       ``(14) Credit.--The term `credit' means a unit provided for 
     1 pound per year reduction of nitrogen, phosphorus, or 
     sediment that is--
       ``(A) delivered to the tidal portion of the Chesapeake Bay; 
     and
       ``(B) eligible to be sold under the trading programs 
     established by this section.
       ``(15) Director.--The term `director' means the Director of 
     the Chesapeake Basin Program Office of the Environmental 
     Protection Agency.
       ``(16) Local government.--The term `local government' means 
     any county, city, or other general purpose political 
     subdivision of a State with jurisdiction over land use.
       ``(17) Menhaden.--The term `menhaden' means members of 
     stocks or populations of the species Brevoortia tyrannus.
       ``(18) Nutria.--The term `nutria' means the species 
     Myocaster coypus.
       ``(19) Offset.--The term `offset' means a reduction of 
     loading of nitrogen, phosphorous, or sediment, as applicable, 
     in a manner that ensures that the net loading reaching the 
     Chesapeake Bay and the Chesapeake Bay tidal segments from a 
     source--
       ``(A) does not increase; or
       ``(B) is reduced.
       ``(20) Signatory jurisdiction.--The term `signatory 
     jurisdiction' means a jurisdiction of a signatory to the 
     Chesapeake Bay Agreement.
       ``(21) Tributary basin.--The term `tributary basin' means 
     an area of land or body of water that--
       ``(A) drains into any of the 19 Chesapeake Bay tributaries 
     or tributary segments; and
       ``(B) is managed through watershed implementation plans 
     under this Act.
       ``(b) Renaming and Continuation of Chesapeake Bay 
     Program.--
       ``(1) In general.--In cooperation with the Chesapeake 
     Executive Council (and as a member of the Council), the 
     Administrator shall--
       ``(A) rename the Chesapeake Bay Program, as in existence on 
     the date of enactment of the Chesapeake Clean Water and 
     Ecosystem Restoration Act, as the `Chesapeake Basin Program'; 
     and
       ``(B) continue to carry out the Chesapeake Basin Program.
       ``(2) Meetings.--
       ``(A) In general.--The Chesapeake Executive Council shall 
     meet not less frequently than once each year.
       ``(B) Open to public.--
       ``(i) In general.--Subject to clause (ii), a meeting of the 
     Chesapeake Executive Council shall be held open to the 
     public.
       ``(ii) Exception.--The Chesapeake Executive Council may 
     hold executive sessions that are closed to the public.
       ``(3) Program office.--
       ``(A) In general.--The Administrator shall maintain in the 
     Environmental Protection Agency a Chesapeake Basin Program 
     Office.
       ``(B) Function.--The Chesapeake Basin Program Office shall 
     provide support to the Chesapeake Executive Council by--
       ``(i) implementing and coordinating science, research, 
     modeling, support services, monitoring, data collection, and 
     other activities that support the Chesapeake Basin Program;
       ``(ii) developing and making available, through 
     publications, technical assistance, and other appropriate 
     means, information pertaining to the environmental quality 
     and living resources of the Chesapeake Basin ecosystem;
       ``(iii) in cooperation with appropriate Federal, State, and 
     local authorities, assisting the signatories to the 
     Chesapeake Bay Agreement in developing and implementing 
     specific action plans to carry out the responsibilities of 
     the signatories to the Chesapeake Bay Agreement;
       ``(iv) coordinating the actions of the Environmental 
     Protection Agency with the actions of the appropriate 
     officials of other Federal agencies and State and local 
     authorities in developing strategies to--

       ``(I) improve the water quality and living resources in the 
     Chesapeake Basin ecosystem; and
       ``(II) obtain the support of the appropriate officials of 
     the agencies and authorities in achieving the objectives of 
     the Chesapeake Bay Agreement; and

       ``(v) implementing outreach programs for public 
     information, education, and participation to foster 
     stewardship of the resources of the Chesapeake Basin.
       ``(C) Transparency and accountability.--The Administrator 
     shall establish and maintain a user-friendly, public-facing 
     website to foster greater accountability, transparency, and 
     knowledge regarding the Chesapeake Basin ecosystem health and 
     restoration efforts by providing--
       ``(i) information on all Chesapeake Basin Program Office 
     functions described in subparagraph (B);
       ``(ii) accountability information, including findings from 
     audits, inspectors general, and the Government Accountability 
     Office;
       ``(iii) data on relevant economic, financial, grant, and 
     contract information in user-friendly visual presentations to 
     enhance public awareness of the use of covered funds;
       ``(iv) links to other government websites at which key 
     information relating to efforts to improve the water quality 
     of the Chesapeake Bay watershed may be found;
       ``(v) printable reports on covered funds obligated, 
     expressed by month, to each State and congressional district; 
     and
       ``(vi) links to other government websites containing 
     information concerning covered funds, including Federal 
     agency and State websites.

[[Page 22679]]

       ``(c) Interagency Agreements.--The Administrator may enter 
     into an interagency agreement with a Federal agency to carry 
     out this section.
       ``(d) Technical Assistance and Financial Assistance.--
       ``(1) In general.--In cooperation with the Chesapeake 
     Executive Council, the Administrator may provide technical 
     assistance, and assistance awards, to soil conservation 
     districts, nonprofit organizations, State and local 
     governments, basin commissions, and institutions of higher 
     education to carry out this section, subject to such terms 
     and conditions as the Administrator considers appropriate.
       ``(2) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of a financial assistance agreement 
     provided under paragraph (1) shall be determined by the 
     Administrator in accordance with guidance issued by the 
     Administrator.
       ``(B) Chesapeake basin stewardship awards program.--The 
     Federal share of a financial assistance agreement provided 
     under paragraph (1) to carry out an implementing activity 
     under subsection (h)(2) shall not exceed 75 percent of 
     eligible project costs, as determined by the Administrator.
       ``(3) Non-federal share.--A financial assistance agreement 
     under paragraph (1) shall be provided on the condition that 
     non-Federal sources provide the remainder of eligible project 
     costs, as determined by the Administrator.
       ``(4) Nitrogen and phosphorus trading guarantee pilot 
     program.--The project manager of the Chesapeake nitrogen and 
     phosphorus trading guarantee program established under 
     subsection (e)(1)(D) shall be eligible to receive technical 
     assistance or financial assistance under this subsection.
       ``(e) Implementation, Monitoring, and Centers of Excellence 
     Financial Assistance Awards.--
       ``(1) Financial assistance awards.--
       ``(A) Implementation financial assistance awards.--The 
     Administrator shall enter into an implementation financial 
     assistance agreement with the Chesapeake Basin State, or a 
     designee of a Chesapeake Basin State (including a soil 
     conservation district, nonprofit organization, local 
     government, institution of higher education, basin 
     commission, or interstate agency), for the purposes of 
     implementing an approved watershed implementation plan of the 
     Chesapeake Basin State under subsection (i) and achieving the 
     goals established under the Chesapeake Bay Agreement, subject 
     to such terms and conditions as the Administrator considers 
     to be appropriate.
       ``(B) Monitoring financial assistance awards.--The 
     Administrator may enter into a monitoring financial 
     assistance agreement with--
       ``(i) a Chesapeake Basin State, designee of a Chesapeake 
     Basin State, soil conservation district, nonprofit 
     organization, local government, institution of higher 
     education, or basin commission for the purpose of monitoring 
     the ecosystem of freshwater tributaries to the Chesapeake 
     Bay; or
       ``(ii) any of the States of Delaware, Maryland, or Virginia 
     (or a designee), the District of Columbia (or a designee), 
     nonprofit organization, local government, institution of 
     higher education, or interstate agency for the purpose of 
     monitoring the Chesapeake Bay, including the tidal waters of 
     the Chesapeake Bay.
       ``(C) Centers of excellence financial assistance awards.--
     The Administrator, in consultation with the Secretary of 
     Agriculture, may enter into financial assistance agreements 
     with institutions of higher education, consortia of such 
     institutions, or nonprofit organizations for the purpose of 
     establishing and supporting centers of excellence for water 
     quality and agricultural practices--
       ``(i) to develop new technologies and innovative policies 
     and practices for agricultural producers to reduce nitrogen, 
     phosphorous, and sediment pollution;
       ``(ii) to quantify the expected load reductions of those 
     pollutants to be achieved in the Chesapeake Basin through the 
     implementation of current and newly developed technologies, 
     policies, and practices; and
       ``(iii) to provide to the Administrator and the Secretary 
     recommendations for--

       ``(I) the widespread deployment of those technologies, 
     policies, and practices among agricultural producers; and
       ``(II) the application of those technologies, policies, and 
     practices in Chesapeake Basin computer models.

       ``(D) Chesapeake nitrogen and phosphorus trading guarantee 
     pilot program.--
       ``(i) In general.--The Administrator, in consultation with 
     the Chesapeake Basin States and with the concurrence of the 
     Secretary of Agriculture, shall establish a Chesapeake 
     nitrogen and phosphorus trading guarantee pilot program 
     (referred to in this subparagraph as the `guarantee pilot 
     program') to support--

       ``(I) the interstate trading program established under 
     subsection (j)(6); and
       ``(II) the environmental services market program under 
     section 1245 of the Food Security Act of 1985 (16 U.S.C. 
     3845).

       ``(ii) Purposes.--The purposes of the guarantee pilot 
     program are--

       ``(I) to develop innovative policies and practices to more 
     efficiently and effectively implement best management 
     practices, primarily on agricultural land;
       ``(II) to leverage public funding to raise private capital 
     to accelerate the restoration of the Chesapeake Bay by 
     providing a Federal guarantee on nitrogen and phosphorus 
     credit purchases;
       ``(III) to support nitrogen and phosphorus trading 
     throughout the Chesapeake Basin; and
       ``(IV) to demonstrate the effectiveness of environmental 
     services markets.

       ``(iii) Project manager.--

       ``(I) In general.--The Administrator shall designate a 
     project manager to carry out the guarantee pilot program.
       ``(II) Qualifications.--The project manager shall be an 
     institution of higher education, a nonprofit organization, or 
     a basin commission that--

       ``(aa) demonstrates thorough knowledge and understanding of 
     best management practices that result in nitrogen and 
     phosphorus reductions in the Chesapeake Basin;
       ``(bb) demonstrates thorough knowledge and understanding of 
     the Chesapeake watershed computer model of the Environmental 
     Protection Agency;
       ``(cc) demonstrates thorough knowledge and understanding of 
     the relevant Federal and State environmental regulations 
     relating to the Chesapeake Basin;
       ``(dd) has a demonstrated history of discharging fiduciary 
     responsibilities with transparency and in accordance with all 
     applicable accounting standards; and
       ``(ee) has relevant experience relating to environmental 
     services markets, including pollution offsets and 
     transactions involving pollution offsets.

       ``(III) Duties.--

       ``(aa) In general.--The project manager shall provide 
     guarantees to purchasers of nitrogen and phosphorus credits 
     under the interstate trading program established under 
     subsection (j)(6).
       ``(bb) Managerial duties.--In carrying out the guarantee 
     pilot program, the project manager shall--
       ``(AA) identify best management practices that result in 
     the greatest reduction in pollution levels;
       ``(BB) establish offset metrics for calculation, 
     verification, and monitoring protocols in collaboration with 
     Federal and State programs;
       ``(CC) manage and oversee project verification and 
     monitoring processes;
       ``(DD) establish procedures that minimize transaction costs 
     and eliminate unnecessary or duplicative administrative 
     processes;
       ``(EE) take ownership of the nitrogen and phosphorus 
     reduction offsets from any private funding source for an 
     activity carried out under this subparagraph;
       ``(FF) enter into agreements with private funding sources 
     that enable a private funding source, at the conclusion of a 
     project, to sell the verified nitrogen and phosphorus 
     reduction offset to the program manager at an agreed upon 
     price, or to sell the verified nitrogen and phosphorus 
     reduction offsets; and
       ``(GG) manage the Chesapeake Nitrogen and Phosphorus 
     Trading Guarantee Fund.
       ``(iv) Credit purchaser requirements.--As a condition of 
     receiving a guarantee under this subparagraph, a purchaser 
     shall comply with--

       ``(I) the regulations promulgated by the Administrator 
     under subsection (j)(6);
       ``(II) any application procedure that the Administrator, in 
     consultation with the project manager, determines to be 
     necessary; and
       ``(III) any other applicable laws (including regulations).

       ``(v) Termination.--The guarantee pilot program shall 
     terminate on the date that is 5 years after the date of the 
     establishment of the interstate trading program under 
     subsection (j)(6).
       ``(vi) Reports.--

       ``(I) In general.--The project manager shall--

       ``(aa) ensure public transparency for all nitrogen and 
     phosphorus trading activities through a publicly available 
     trading registry; and
       ``(bb) submit an annual report to the Administrator, the 
     Committee on Environment and Public Works of the Senate, and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.

       ``(II) Contents.--A report under subclause (I)(bb) shall 
     include a description of--

       ``(aa) the activities funded by the guarantee pilot 
     program;
       ``(bb) the total quantity of nitrogen and phosphorus 
     reduced and an identification of the data used to support 
     those quantifications;
       ``(cc) the efficiency of each project carried out under the 
     guarantee pilot program, measured in pounds of pollution 
     reduced per dollar expended;
       ``(dd) the total quantity of nitrogen, phosphorus, and 
     sediment reduced; and
       ``(ee) the total amount of private funds leveraged.
       ``(E) Chesapeake nitrogen and phosphorus trading guarantee 
     fund.--
       ``(i) Establishment of fund.--There is established in the 
     Treasury of the United States a fund to be known as the 
     `Chesapeake Nitrogen and Phosphorus Trading

[[Page 22680]]

     Guarantee Fund' (referred to in this subparagraph as the 
     `Fund'), to be administered by the Administrator, to be 
     available for 5 years after the date of the establishment of 
     the interstate trading program under subsection (j)(6) and 
     subject to appropriation, for the purposes described in 
     subparagraph (D)(ii).
       ``(ii) Transfers to fund.--The Fund shall consist of such 
     amounts as are appropriated to the Fund under subsection 
     (p)(2)(v).
       ``(iii) Prohibition.--Amounts in the Fund may not be made 
     available for any purpose other than a purpose described in 
     clause (i).
       ``(iv) Termination.--Subject to clause (v), the Fund shall 
     terminate on the date that is 5 years after the date of 
     establishment of the interstate trading program under 
     subsection (j)(6).
       ``(v) Unobligated amounts.--On the termination of the Fund, 
     the Administrator shall--

       ``(I) require the return of any unobligated amounts in the 
     Fund to the Secretary of the Treasury; or
       ``(II) reauthorize the use of the Fund for the purposes 
     described in clause (i).

       ``(vi) Annual reports.--

       ``(I) In general.--Not later than 60 days after the end of 
     each fiscal year beginning with the first fiscal year after 
     the date of the establishment of the interstate trading 
     program under subsection (j)(6), the Administrator shall 
     submit to the Committee on Appropriations of the House of 
     Representatives, the Committee on Appropriations of the 
     Senate, the Committee on Environment and Public Works of the 
     Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the operation of the Fund during the fiscal year.
       ``(II) Contents.--Each report shall include, for the fiscal 
     year covered by the report, the following:

       ``(aa) A statement of the amounts deposited in the Fund.
       ``(bb) A description of the expenditures made from the Fund 
     for the fiscal year, including the purpose of the 
     expenditures.
       ``(cc) Recommendations for additional authorities to 
     fulfill the purpose of the Fund.
       ``(dd) A statement of the balance remaining in the Fund at 
     the end of the fiscal year.
       ``(2) Administration.--
       ``(A) In general.--Subject to subparagraph (C), in making 
     implementation financial assistance awards to each of the 
     Chesapeake Basin States for a fiscal year under this 
     subsection, the Administrator shall ensure that not less 
     than--
       ``(i) 10 percent of the funds available to make such 
     financial assistance awards are made to the States of 
     Delaware, New York, and West Virginia (or designees of those 
     States); and
       ``(ii) 20 percent of the funds available to make such 
     financial assistance awards are made to States (or designees 
     of the States) for the sole purpose of providing technical 
     assistance to agricultural producers and forest owners to 
     access conservation programs and other resources devoted to 
     improvements in, and protection of, water quality in the 
     Chesapeake Bay and the tributaries of the Chesapeake Bay, in 
     accordance with subparagraph (B).
       ``(B) Technical assistance.--A State (or designees of a 
     State) may use any soil conservation district, nonprofit 
     organization, private sector vendor, or other appropriately 
     qualified provider to deliver technical assistance to 
     agricultural producers and forest owners under subparagraph 
     (A)(ii).
       ``(C) Nonapplicability to dc.--This paragraph shall not 
     apply to any implementation financial assistance award 
     provided to the District of Columbia.
       ``(3) Proposals.--
       ``(A) Implementation financial assistance awards.--
       ``(i) In general.--A Chesapeake Basin State described in 
     paragraph (1) may apply for a financial assistance agreement 
     under this subsection for a fiscal year by submitting to the 
     Administrator a comprehensive proposal to implement programs 
     and achieve the goals established under the Chesapeake Bay 
     Agreement.
       ``(ii) Implementation financial assistance agreement 
     contents.--A proposal under clause (i) shall include--

       ``(I) a description of the proposed actions that the 
     Chesapeake Basin State commits to take within a specified 
     time period, including 1 or more of actions that are 
     designed--

       ``(aa) to achieve and maintain all applicable water quality 
     standards, including standards necessary to support the 
     aquatic living resources of the Chesapeake Bay and related 
     tributaries and to protect human health;
       ``(bb) to restore, enhance, and protect the finfish, 
     shellfish, waterfowl, and other living resources, habitats of 
     those species and resources, and ecological relationships to 
     sustain all fisheries and provide for a balanced ecosystem;
       ``(cc) to preserve, protect, and restore those habitats and 
     natural areas that are vital to the survival and diversity of 
     the living resources of the Chesapeake Bay and associated 
     rivers;
       ``(dd) to develop, promote, and achieve sound land use 
     practices that protect and restore watershed resources and 
     water quality, reduce or maintain reduced pollutant loadings 
     for the Chesapeake Bay and related tributaries, and restore 
     and preserve aquatic living resources;
       ``(ee) to promote individual stewardship and assist 
     individuals, community-based organizations, businesses, local 
     governments, and schools to undertake initiatives to achieve 
     the goals and commitments of the Chesapeake Bay Agreement; or
       ``(ff) to provide technical assistance to agricultural 
     producers, forest owners, and other eligible entities, 
     through technical infrastructure, including activities, 
     processes, tools, and agency functions needed to support 
     delivery of technical services, such as technical standards, 
     resource inventories, training, data, technology, monitoring, 
     and effects analyses;

       ``(II) except with respect to any implementation financial 
     assistance agreement proposal by the District of Columbia, a 
     commitment to dedicate not less than 20 percent of the 
     financial assistance award for the Chesapeake Bay under this 
     subsection to support technical assistance for agricultural 
     and forest land or nitrogen and phosphorus management 
     practices that protect and restore watershed resources and 
     water quality, reduce or maintain reduced pollutant loadings 
     for the Chesapeake Bay and related tributaries, and restore 
     and preserve aquatic living resources; and
       ``(III) the estimated cost of the actions proposed to be 
     taken during the year.

       ``(B) Monitoring financial assistance awards.--
       ``(i) In general.--An eligible entity described in 
     paragraph (1)(B) may apply for a financial assistance 
     agreement under this subsection for a fiscal year by 
     submitting to the Administrator a comprehensive proposal to 
     monitor freshwater or estuarine ecosystems, including water 
     quality.
       ``(ii) Monitoring financial assistance agreement 
     contents.--A proposal under this subparagraph shall include--

       ``(I) a description of the proposed monitoring system;
       ``(II) certification by the Director that such a monitoring 
     system includes such parameters as the Director determines to 
     be necessary to assess progress toward achieving the goals of 
     the Chesapeake Clean Water and Ecosystem Restoration Act; and
       ``(III) the estimated cost of the monitoring proposed to be 
     conducted during the year.

       ``(iii) Consultation.--The Administrator shall consult 
     with--

       ``(I) the Director of the United States Geological Survey 
     regarding the design and implementation of the freshwater 
     monitoring systems established under this subsection;
       ``(II) the Director of the Chesapeake Bay Office of the 
     National Oceanic and Atmospheric Administration regarding the 
     design and implementation of the estuarine monitoring systems 
     established under this subsection;
       ``(III) with respect to the freshwater monitoring system, 
     the basin commissions, institutions with expertise in clean 
     water and agricultural policy and practices, and the 
     Chesapeake Basin States regarding the design and 
     implementation of the monitoring systems established under 
     this subsection--

       ``(aa) giving particular attention through fine scale 
     instream and infield stream-edge and groundwater analysis to 
     the measurement of the water quality effectiveness of 
     agricultural conservation program implementation, including 
     the Chesapeake Bay Watershed Initiative under section 1240Q 
     of the Food Security Act of 1985 (16 U.S.C. 3839bb-4); and
       ``(bb) analyzing the effectiveness of stormwater pollution 
     control and mitigation using green infrastructure techniques 
     in subwatersheds that have high levels of impervious 
     surfaces;

       ``(IV) with respect to the estuarine monitoring system, 
     institutions of higher education with expertise in estuarine 
     systems and the Chesapeake Basin States regarding the 
     monitoring systems established under this subsection;
       ``(V) the Chesapeake Basin Program Scientific and Technical 
     Advisory Committee regarding independent review of monitoring 
     designs giving particular attention to integrated freshwater 
     and estuarine monitoring strategies; and
       ``(VI) Federal departments and agencies, including the 
     Department of Agriculture, regarding cooperation in 
     implementing monitoring programs.

       ``(f) Federal Facilities Coordination.--
       ``(1) Subwatershed planning and restoration.--A Federal 
     agency that owns or operates a facility (as defined by the 
     Administrator) within the Chesapeake Basin shall participate 
     in regional and subwatershed planning and restoration 
     programs.
       ``(2) Compliance with agreements and plans.--The head of 
     each Federal agency that owns or occupies real property in 
     the Chesapeake Basin shall ensure that the property, and 
     actions taken by the agency with respect to the property, 
     comply with--
       ``(A) the Chesapeake Bay Agreement;
       ``(B) the Federal Agencies Chesapeake Ecosystem Unified 
     Plan;
       ``(C) the Chesapeake Basin action plan developed in 
     accordance with subsection (h)(1)(A); and
       ``(D) any subsequent agreements and plans.
       ``(3) Forest cover at federal facilities.--Not later than 
     January 1, 2012, the Administrator, with the advice of the 
     Chief of

[[Page 22681]]

     the Forest Service and the appropriate Chesapeake Basin State 
     forester, shall coordinate with the head of each Federal 
     agency that owns or operates a facility within the Chesapeake 
     Basin (as determined by the Administrator) to develop plans 
     to maximize forest cover at the facility through--
       ``(A) the preservation of existing forest cover; or
       ``(B) with respect to a facility that has been previously 
     disturbed or developed, the development of a reforestation 
     plan.
       ``(g) Federal Annual Action Plan and Progress Report.--The 
     Administrator, in accordance with Executive Order 13508 
     entitled `Chesapeake Bay Protection and Restoration' and 
     signed on May 12, 2009 (74 Fed. Reg. 23099), shall--
       ``(1)(A) make available to the public, not later than March 
     31 of each year--
       ``(i) a financial report, to be submitted to Congress 
     beginning with the budget submission for fiscal year 2012 by 
     the Director of the Office of Management and Budget, in 
     consultation with other appropriate Federal agencies and the 
     chief executive of each Chesapeake Bay State, containing--
       ``(I) a summary of an interagency crosscut budget that 
     displays--

       ``(aa) the proposed funding for any Federal restoration 
     activity to be carried out during the following fiscal year, 
     including any planned interagency or intraagency transfer, 
     for each Federal agency that carries out restoration 
     activities;
       ``(bb) to the extent that information is available, the 
     estimated funding for any State restoration activity to be 
     carried out during the following fiscal year;
       ``(cc) all expenditures for Federal restoration activities 
     during the preceding 3-fiscal-year period, the current fiscal 
     year, and the following fiscal year; and
       ``(dd) all expenditures, to the extent that information is 
     available, for State restoration activities during the 
     equivalent time period described in item (cc);

       ``(II) a detailed accounting of all funds received and 
     obligated by all Federal agencies for restoration activities 
     during the current and preceding fiscal years, including the 
     identification of funds that were transferred to a Chesapeake 
     Bay State for restoration activities;
       ``(III) to the extent that information is available, a 
     detailed accounting from each State of all funds received and 
     obligated from a Federal agency for restoration activities 
     during the current and preceding fiscal years; and
       ``(IV) a description of each proposed Federal and State 
     restoration activity to be carried out during the following 
     fiscal year, as those activities correspond to the activities 
     described in items (aa) and (bb) of subclause (I);
       ``(ii) an annual progress report that--
       ``(I) assesses the key ecological attributes that reflect 
     the health of the Chesapeake Basin ecosystem;
       ``(II) reviews indicators of environmental conditions in 
     the Chesapeake Bay;
       ``(III) distinguishes between the health of the Chesapeake 
     Basin ecosystem and the results of management measures;
       ``(IV) assesses implementation of the action plan during 
     the preceding fiscal year;
       ``(V) recommends steps to improve progress in restoring and 
     protecting the Chesapeake Bay and tributaries; and
       ``(VI) describes how Federal funding and actions will be 
     coordinated with the actions of States, basin commissions, 
     and others; and
       ``(iii) an annual report, detailed at the State and sector 
     level where applicable, submitted by the Administrator to the 
     Chesapeake Basin States and the public on specific recently 
     completed, pending, or proposed regulations, guidance 
     documents, permitting requirements, enforcement actions, and 
     other activities carried out in accordance with the Executive 
     Order, including actions relating to the Chesapeake Bay TMDL 
     and State watershed implementation plans; and
       ``(B) submit each report described in subparagraph (A) to--
       ``(i) the Committees on Agriculture, Appropriations, 
     Natural Resources, Energy and Commerce, and Transportation 
     and Infrastructure of the House of Representatives; and
       ``(ii) the Committees on Agriculture, Nutrition, and 
     Forestry, Appropriations, Environment and Public Works, and 
     Commerce, Science, and Transportation of the Senate; and
       ``(2) create and maintain, with the concurrence of the 
     Secretary of Agriculture, a Chesapeake Basin-wide database 
     containing comprehensive data on implementation of 
     agricultural conservation management practices in the 
     Chesapeake Basin that--
       ``(A) includes conservation management practice 
     implementation data, including, to the maximum extent 
     feasible, all publicly and privately funded conservation 
     practices, as of the effective date of the Chesapeake Clean 
     Water and Ecosystem Restoration Act;
       ``(B) includes data on subsequent conservation management 
     practice implementation projects funded by, or reported to, 
     the Department of Agriculture, the appropriate department of 
     any Chesapeake Basin State, a local soil and water 
     conservation district, or any similar institution;
       ``(C) except with respect to data associated with a permit 
     or recorded in the trading registry, as provided in 
     subsection (j)(6)(B)(vii), presents the required data to the 
     Administrator in statistical or aggregate form without 
     identifying any--
       ``(i) individual owner, operator, or producer; or
       ``(ii) specific data gathering site;
       ``(D) is made available to the public not later than 
     December 31, 2010; and
       ``(E) is updated not less frequently than once every 2 
     years.
       ``(h) Chesapeake Basin Program.--
       ``(1) Management strategies.--The Administrator, in 
     coordination with other members of the Chesapeake Executive 
     Council, shall ensure that management plans are developed and 
     implemented by Chesapeake Basin States to achieve and 
     maintain--
       ``(A) for each of the Chesapeake Basin States--
       ``(i) the sediment, nitrogen, and phosphorus goals of the 
     Chesapeake Bay Agreement for the quantity of sediment, 
     nitrogen, and phosphorus entering the Chesapeake Bay and the 
     tidal tributaries of the Chesapeake Bay; and
       ``(ii) the water quality requirements necessary to restore 
     living resources in the Chesapeake Bay and the tidal 
     tributaries of the Chesapeake Bay; and
       ``(B) for the signatory States--
       ``(i) the Chesapeake Bay Basinwide Toxins Reduction and 
     Prevention Strategy goal of reducing or eliminating the input 
     of chemical contaminants from all controllable sources to 
     levels that result in no toxic or bioaccumulative impact on 
     the living resources of the Chesapeake Basin ecosystem or on 
     human health;
       ``(ii) habitat restoration, protection, creation, and 
     enhancement goals established by Chesapeake Bay Agreement for 
     wetland, riparian forests, and other types of habitat 
     associated with the Chesapeake Basin ecosystem; and
       ``(iii) the restoration, protection, creation, and 
     enhancement goals established by the Chesapeake Bay Agreement 
     for living resources associated with the Chesapeake Basin 
     ecosystem.
       ``(2) Chesapeake basin stewardship financial assistance 
     awards program.--The Administrator, in cooperation with the 
     Chesapeake Executive Council, shall--
       ``(A) establish a Chesapeake Basin Stewardship Financial 
     Assistance Program; and
       ``(B) in carrying out that program--
       ``(i) offer technical assistance and financial assistance 
     under subsection (d) to States (or designees of States), 
     local governments, soil conservation districts, institutions 
     of higher education, nonprofit organizations, basin 
     commissions, and private entities in the Chesapeake Basin 
     region to implement--

       ``(I) cooperative watershed strategies that address the 
     water quality, habitat, and living resource needs in the 
     Chesapeake Basin;
       ``(II) locally based protection and restoration programs or 
     projects within a watershed that complement the State 
     watershed implementation plans, including the creation, 
     restoration, or enhancement of habitat associated with the 
     Chesapeake Basin ecosystem;
       ``(III) activities for increased spawning and other habitat 
     for migratory fish by removing barriers or constructing fish 
     passage devices, restoring streams with high habitat 
     potential for cold water fisheries such as native brook 
     trout, or other habitat enhancements for fish and waterfowl;
       ``(IV) activities for increased recreational access to the 
     Chesapeake Bay and the tidal rivers and freshwater 
     tributaries of the Chesapeake Bay; and
       ``(V) innovative nitrogen, phosphorus, or sediment 
     reduction efforts; and

       ``(ii) give preference to cooperative projects that involve 
     local governments, soil conservation districts, and sportsmen 
     associations, especially cooperative projects that involve 
     public-private partnerships.
       ``(i) Actions by States.--
       ``(1) Watershed implementation plans.--
       ``(A) Plans.--
       ``(i) In general.--Not later than November 1, 2011, each 
     Chesapeake Basin State, after providing for reasonable notice 
     and 1 or more public meetings, may submit to the 
     Administrator for approval a watershed implementation plan 
     for the Chesapeake Basin State.
       ``(ii) Targets.--The watershed implementation plan shall 
     establish reduction targets, key actions, and schedules for 
     reducing, to levels that will attain water quality standards, 
     the loads of nitrogen, phosphorus, and sediment, including 
     pollution from--

       ``(I) point sources, including point source stormwater 
     discharges; and
       ``(II) nonpoint sources.

       ``(iii) Pollution limitations.--

       ``(I) In general.--The pollution limitations shall be the 
     nitrogen, phosphorus, and sediment load and wasteload 
     allocations sufficient to meet and maintain Chesapeake Bay 
     and Chesapeake Bay tidal segment water quality standards.
       ``(II) Stringency.--A watershed implementation plan shall 
     be designed to attain, at a minimum, the pollution 
     limitations described in subclause (I).

       ``(iv) Plan requirements.--Each watershed implementation 
     plan shall--

       ``(I) include State-adopted management measures, including 
     rules or regulations,

[[Page 22682]]

     permits, consent decrees, and other enforceable or otherwise 
     binding measures, to require and achieve reductions from 
     point and nonpoint pollution sources;
       ``(II) include programs to achieve voluntary reductions 
     from pollution sources, including an estimate of the funding 
     commitments necessary to implement the programs and a plan 
     for working to secure the funding;
       ``(III) include any additional requirements or actions that 
     the Chesapeake Basin State determines to be necessary to 
     attain the pollution limitations by the deadline established 
     in this paragraph;
       ``(IV) provide for enforcement mechanisms, including a 
     penalty structure for failures, such as fees or forfeiture of 
     State funds, including Federal funds distributed or otherwise 
     awarded by the State to the extent the State is authorized to 
     exercise independent discretion in amounts of such 
     distributions or awards, for use in case a permittee, local 
     jurisdictions, or any other party fails to adhere to assigned 
     pollutant limitations, implementation schedules, or permit 
     terms;
       ``(V) include a schedule for implementation that--

       ``(aa) is divided into 2-year periods, along with computer 
     modeling, or other appropriate analysis, to demonstrate the 
     projected reductions in nitrogen, phosphorus, and sediment 
     loads associated with each 2-year period; and
       ``(bb) demonstrates reasonable additional progress toward 
     achievement of the goals described in--
       ``(AA) subclause (VIII)(aa); and
       ``(BB) clauses (i) and (ii) of subparagraph (B);

       ``(VI) include the stipulation of alternate actions as 
     contingencies;
       ``(VII) account for how the Chesapeake Basin State will 
     address additional loadings from new or expanded sources of 
     pollution through reserved allocations, offsets, planned 
     future controls, implementation of new technologies, or other 
     actions;
       ``(VIII) provide assurances that--

       ``(aa) if compared to modeled estimated loads during 
     calendar year 2008, the initial plan shall be designed to 
     achieve, not later than May 31, 2017, at least 60 percent of 
     the nitrogen, phosphorus, and sediment reduction requirements 
     described in clause (iii)(I);
       ``(bb) the Chesapeake Basin State will have adequate 
     personnel and funding (or a plan to secure such personnel or 
     funding), and authority under State (and, as appropriate, 
     local) law to carry out the implementation plan, and is not 
     prohibited by any provision of Federal or State law from 
     carrying out the implementation plan; and
       ``(cc) to the extent that a Chesapeake Basin State has 
     relied on a local government for the implementation of any 
     plan provision, the Chesapeake Basin State has the 
     responsibility for ensuring adequate implementation of the 
     provision;

       ``(IX) include adequate provisions for public 
     participation; and
       ``(X) upon the approval of the Administrator, be made 
     available to the public on the Internet.

       ``(B) Implementation.--
       ``(i) In general.--In implementing a watershed 
     implementation plan, each Chesapeake Basin State shall follow 
     a strategy developed by the Administrator for the 
     implementation of adaptive management principles to ensure 
     full implementation of all plan elements by not later than 
     May 12, 2025, including--

       ``(I) biennial evaluations of State actions;
       ``(II) progress made toward implementation;
       ``(III) determinations of necessary modifications to future 
     actions in order to achieve objectives including achievement 
     of water quality standards; and
       ``(IV) appropriate provisions to adapt to climate changes.

       ``(ii) Deadline.--Not later than May 12, 2025, each 
     Chesapeake Basin State shall--

       ``(I) fully implement the watershed implementation plan of 
     the State; and
       ``(II) have in place all the mechanisms outlined in the 
     plan that are necessary to attain the applicable pollutant 
     limitations for nitrogen, phosphorus, and sediments.

       ``(C) Progress reports.--Not later than May 12, 2014, and 
     biennially thereafter, each Chesapeake Basin State shall 
     submit to the Administrator a progress report that, with 
     respect to the 2-year period covered by the report--
       ``(i) includes a listing of all management measures that 
     were to be implemented in accordance with the approved 
     watershed implementation plan of the Chesapeake Basin State, 
     including a description of the extent to which those measures 
     have been fully implemented;
       ``(ii) includes a listing of all the management measures 
     described in clause (i) that the Chesapeake Basin State has 
     failed to fully implement in accordance with the approved 
     watershed implementation plan of the Chesapeake Basin State;
       ``(iii) includes monitored and collected water quality 
     data;
       ``(iv) includes appropriate computer modeling data or other 
     appropriate analyses that detail the nitrogen, phosphorus, 
     and sediment load reductions projected to be achieved as a 
     result of the implementation of the management measures and 
     mechanisms carried out by the Chesapeake Basin State;
       ``(v) demonstrates reasonable additional progress made by 
     the State toward achievement of the requirements and 
     deadlines described in subparagraph (A)(iv)(VIII)(aa) and 
     clauses (i) and (ii) of subparagraph (B);
       ``(vi) includes, for the subsequent 2-year period, 
     implementation goals and Chesapeake Basin Program computer 
     modeling data detailing the projected pollution reductions to 
     be achieved if the Chesapeake Basin State fully implements 
     the subsequent round of management measures;
       ``(vii) identifies compliance information, including 
     violations, actions taken by the Chesapeake Basin State to 
     address the violations, and dates, if any, on which 
     compliance was achieved; and
       ``(viii) specifies any revisions to the watershed 
     implementation plan submitted under this paragraph that the 
     Chesapeake Basin State determines are necessary to attain the 
     applicable pollutant limitations for nitrogen, phosphorus, 
     and sediments.
       ``(2) Issuance of permits.--
       ``(A) In general.--Notwithstanding any other provision of 
     this Act (including any exclusion or exception contained in a 
     definition under section 502) and in accordance with State 
     laws (including regulations), after providing appropriate 
     opportunities for public comment, for the purpose of 
     achieving the nitrogen, phosphorus, and sediment reductions 
     required under a watershed implementation plan, a Chesapeake 
     Basin State, or, if the State is not authorized to administer 
     the permit program under section 402, the Administrator, may 
     impose limitations or other controls, including permit 
     requirements, on any discharge or runoff from a pollution 
     source, including point and nonpoint sources, located within 
     the Chesapeake Basin State that the program administrator 
     determines to be necessary.
       ``(B) Enforcement.--The Chesapeake Basin States and the 
     Administrator shall enforce any permits issued in accordance 
     with the watershed implementation plan in the same manner as 
     permits issued under section 402 are enforced.
       ``(3) Agricultural and private forestland assurance 
     standards.--A conservation plan adopted by a Chesapeake Basin 
     State under subsection (h) of section 1240Q of the Food 
     Security Act of 1985 (16 U.S.C. 3839bb-4) shall be considered 
     to be compliance assurance for an agricultural or private 
     forest landowner under that section (16 U.S.C. 3839bb-4) if--
       ``(A) the plan fully recognizes and takes into 
     consideration all obligations imposed by this Act;
       ``(B) the State in which the land is located has allocated 
     and scheduled a portion of the reduction in the Chesapeake 
     Bay TMDL to relevant landowners for purposes of meeting the 
     load reduction in pollutants required for that watershed 
     under the Chesapeake Bay TMDL or an approved State management 
     plan under subsection (h) or this subsection;
       ``(C) the scheduled reductions in pollutants allocated to 
     the relevant landowners and projected to be achieved by the 
     conservation practices of the landowners have been certified 
     by an independent auditing authority that is in compliance 
     with the guidelines established by the Secretary of 
     Agriculture pursuant to section 1240Q of the Food Security 
     Act of 1985 (16 U.S.C. 3839bb-4) and approved by the State;
       ``(D) implementation of the conservation plan is certified 
     not less frequently than once every 2 years after the date of 
     initial certification by an independent auditing authority 
     that is in compliance with the guidelines established by the 
     Secretary of Agriculture pursuant to section 1240Q of the 
     Food Security Act of 1985 (16 U.S.C. 3839bb-4) and approved 
     by the State; and
       ``(E) the State management plan under subsection (h) or the 
     watershed implementation plan under this subsection contains 
     compliance mechanisms, including a penalty structure (such as 
     fees or forfeiture of Federal or State funds that would 
     otherwise be awarded) determined to be adequate by the 
     Administrator in case of failure to develop or fully 
     implement a conservation plan.
       ``(4) Stormwater permits.--
       ``(A) In general.--Effective beginning on January 1, 2013, 
     the Chesapeake Basin State shall provide assurances to the 
     Administrator that--
       ``(i) the owner or operator of any development or 
     redevelopment project possessing an impervious footprint that 
     exceeds a threshold to be determined by the Administrator 
     through rulemaking, will use site planning, design, 
     construction, and maintenance strategies for the property to 
     maintain or restore, to the maximum extent technically 
     feasible, the predevelopment hydrology of the property with 
     regard to the temperature, rate, volume, and duration of 
     flow, using onsite infiltration, evapotranspiration, and 
     reuse approaches, if feasible; and
       ``(ii) as a further condition of permitting such a 
     development or redevelopment, the owner or operator of any 
     development or redevelopment project possessing an impervious 
     footprint that exceeds a threshold to be determined by the 
     Administrator through rulemaking will compensate for any 
     unavoidable impacts to the predevelopment hydrology of the 
     property with regard to the temperature, rate, volume, and 
     duration of flow, such that--

[[Page 22683]]

       ``(I) the compensation within the affected subwatershed 
     shall provide in-kind or out-of-kind mitigation of function 
     at ratios to be determined by the Administrator through 
     rulemaking;
       ``(II) the compensation outside the affected subwatershed 
     shall provide in-kind or out-of-kind mitigation, at ratios to 
     be determined by the Administrator through rulemaking, within 
     the tributary watershed in which the project is located; and
       ``(III) if mitigation of unavoidable impacts is not 
     feasible, the Administrator may approve stringent fee-in-lieu 
     systems.

       ``(B) Regulations.--
       ``(i) In general.--Not later than November 19, 2012, the 
     Administrator shall promulgate regulations that--

       ``(I) define the term `predevelopment hydrology' for 
     purposes of subparagraph (A);
       ``(II) establish the thresholds under subparagraph (A);
       ``(III) establish the compensation ratios under items (I) 
     and (II) of subparagraph (A)(ii); and
       ``(IV) establish the fee-in-lieu systems under subparagraph 
     (A)(ii)(III).

       ``(ii) Requirement.--In developing the regulations under 
     clause (i), including establishing minimum standards for new 
     development and redevelopment, the Administrator shall take 
     into consideration, based on an evaluation of field science 
     and practice, factors such as--

       ``(I) the benefit to--

       ``(aa) overall watershed protection and restoration of 
     redevelopment of brownfields or other previously developed or 
     disturbed sites; and
       ``(bb) water quality improvement through lot-level 
     stormwater management.
       ``(iii) Treatment of pending stormwater permits.--In 
     consultation with the Chesapeake Basin States and interested 
     stakeholders, and taking into consideration any compliance 
     schedules developed by any Chesapeake Basin State prior to 
     June 30, 2010, the Administrator shall develop guidance 
     regarding the treatment of pending stormwater permits for the 
     Chesapeake Basin States.
       ``(C) Failure to provide assurances.--If a Chesapeake Basin 
     State that submits a Watershed Implementation Plan under this 
     subsection fails to provide the assurances required under 
     subparagraph (A), effective beginning on May 12, 2013, the 
     Administrator may withhold funds otherwise available to the 
     Chesapeake Basin State under this Act, in accordance with 
     subparagraphs (A) and (B) of subsection (j)(5).
       ``(5) Phosphate ban.--
       ``(A) Phosphorus in cleaning agents.--Each Chesapeake Basin 
     State shall provide to the Administrator, not later than 3 
     years after the date of enactment of the Chesapeake Clean 
     Water and Ecosystem Restoration Act, assurances that within 
     the jurisdiction, except as provided in subparagraph (B), a 
     person may not use, sell, manufacture, or distribute for use 
     or sale any cleaning agent that contains more than 0.0 
     percent phosphorus by weight, expressed as elemental 
     phosphorus, except for a quantity not exceeding 0.5 percent 
     phosphorus that is incidental to the manufacture of the 
     cleaning agent.
       ``(B) Prohibited quantities of phosphorus.--Each Chesapeake 
     Basin State shall provide to the Administrator, not later 
     than 3 years after the date of enactment of the Chesapeake 
     Clean Water and Ecosystem Restoration Act, assurances that, 
     within the jurisdiction, a person may use, sell, manufacture, 
     or distribute for use or sale a cleaning agent that contains 
     greater than 0.0 percent phosphorus by weight, but does not 
     exceed 8.7 percent phosphorus by weight, if the cleaning 
     agent is a substance that the Administrator, by regulation, 
     excludes from the limitation under subparagraph (A), based on 
     a finding that compliance with that subparagraph would--
       ``(i) create a significant hardship on the users of the 
     cleaning agent; or
       ``(ii) be unreasonable because of the lack of an adequate 
     substitute cleaning agent.
       ``(C) Failure to provide assurances.--If a Chesapeake Basin 
     State that submits a Watershed Implementation Plan under this 
     subsection fails to provide the necessary assurances under 
     subparagraphs (A) and (B) by not later than 3 years after the 
     date of enactment of the Chesapeake Clean Water and Ecosystem 
     Restoration Act, the Administrator may withhold funds 
     otherwise available to the Chesapeake Basin State under this 
     Act, in accordance with subparagraphs (A) and (B) of 
     subsection (j)(5).
       ``(j) Action by Administrator.--
       ``(1) In general.--Not later than 60 days after the date of 
     enactment of the Chesapeake Clean Water and Ecosystem 
     Restoration Act, the Administrator shall establish any 
     minimum criteria that the Administrator determines to be 
     necessary that any proposed watershed implementation plan 
     must meet before the Administrator may approve such a plan.
       ``(2) Completeness finding.--Not later than 60 days after 
     the date on which the Administrator receives a new or revised 
     proposed watershed implementation plan from a Chesapeake 
     Basin State, or not later than 60 days after the date of 
     enactment of the Chesapeake Clean Water and Ecosystem 
     Restoration Act (if the Basin State has already submitted a 
     watershed implementation plan), the Administrator shall make 
     a completeness determination based on whether the minimum 
     criteria for the plan established under paragraph (1) have 
     been met.
       ``(3) Approval and disapproval.--
       ``(A) Deadline.--Not later than 90 days after determining 
     that a watershed implementation plan meets minimum 
     completeness criteria in accordance with paragraph (2), the 
     Administrator shall approve or disapprove the plan.
       ``(B) Full and partial approval and disapproval.--In 
     carrying out this paragraph, the Administrator shall--
       ``(i) approve a watershed implementation plan if the 
     Administrator determines that the plan meets all applicable 
     requirements under subsection (i)(1); and
       ``(ii) approve the plan in part and disapprove the plan in 
     part if only a portion of the watershed implementation plan 
     meets those requirements.
       ``(C) Conditional approval.--The Administrator shall--
       ``(i) conditionally approve the original or a revised 
     watershed implementation plan based on a commitment of the 
     Chesapeake Basin State submitting the plan to adopt specific 
     enforceable management measures by not later than 1 year 
     after the date of approval of the plan revision; but
       ``(ii) treat a conditional approval as a disapproval under 
     this paragraph if the Chesapeake Basin State fails to comply 
     with the commitment of the Chesapeake Basin State.
       ``(D) Scope of review.--In reviewing watershed 
     implementation plans for approval or disapproval, the 
     Administrator shall--
       ``(i) ensure the completeness of the plan submission 
     pursuant to subsection (i)(1)(A)(iv);
       ``(ii) limit any additional review to the adequacy of the 
     plan to attain water quality standards; and
       ``(iii) not impose, as a condition of approval, any 
     additional requirements.
       ``(E) Full approval required.--An original or revised 
     watershed implementation plan shall not be treated as meeting 
     the requirements of this section until the Administrator 
     approves the entire original or revised plan.
       ``(F) Corrections.--In any case in which the Administrator 
     determines that the action of the Administrator approving, 
     disapproving, or conditionally approving any original or 
     revised State watershed implementation plan was in error, the 
     Administrator shall--
       ``(i) in the same manner as the approval, disapproval, 
     conditional approval, or promulgation, revise the action of 
     the Administrator, as appropriate, without requiring any 
     further submission from the Chesapeake Basin State; and
       ``(ii) make the determination of the Administrator, and the 
     basis for that determination, available to the public.
       ``(G) Effective date.--The provisions of a State watershed 
     implementation plan shall take effect upon the date of 
     approval of the plan.
       ``(4) Calls for plan revision.--In any case in which the 
     Administrator determines that watershed implementation plan 
     for any area is inadequate to attain or maintain applicable 
     pollution limitations, the Administrator--
       ``(A) shall notify the Chesapeake Basin State of, and 
     require the Chesapeake Basin State to revise the plan to 
     correct the inadequacies;
       ``(B) may establish reasonable deadlines (not to exceed 180 
     days after the date on which the Administrator provides the 
     notification) for the submission of a revised watershed 
     implementation plan;
       ``(C) shall make the findings of the Administrator under 
     paragraph (3) and notice provided under subparagraph (A) 
     public;
       ``(D) shall require as an element of any revised plan by 
     the Chesapeake Basin State that the State adhere to the 
     requirements applicable under the original watershed 
     implementation plan, except that the Administrator may adjust 
     any dates (other than attainment dates) applicable under 
     those requirements, as appropriate; and
       ``(E) shall disapprove any revised plan submitted by a 
     Chesapeake Basin State that fails to adhere to the 
     requirements described in subparagraph (D).
       ``(5) Federal implementation.--If a Chesapeake Basin State 
     that has submitted a watershed implementation plan under 
     subsection (i)(1)(A)(i) fails to submit a required revised 
     watershed implementation plan, submit a biennial report, 
     correct a previously missed 2-year commitment made in a 
     watershed implementation plan, or remedy a disapproval of a 
     watershed implementation plan, the Administrator shall, by 
     not later than 30 days after the date of the failure and 
     after issuing a notice to the State and providing a period of 
     not less than 1 year during which the failure may be 
     corrected--
       ``(A) notwithstanding sections 601(a) and 603(g), reserve 
     up to 75 percent of the amount of the capitalization grant to 
     the Chesapeake Basin State for a water pollution control 
     revolving fund under section 603 for activities that are--
       ``(i) selected by the Administrator; and
       ``(ii) consistent with the watershed implementation plans 
     described in subparagraph (C);

[[Page 22684]]

       ``(B) withhold all funds otherwise available to the 
     Chesapeake Basin State (or a designee) under this Act, except 
     for the funds available under title VI;
       ``(C) develop and administer the watershed implementation 
     plan for the Chesapeake Basin State until the Chesapeake 
     Basin State has remedied the plan, reports, or achievements 
     to the satisfaction of the Administrator;
       ``(D) in addition to requiring compliance with all other 
     statutory and regulatory requirements, require that all 
     permits issued under section 402 for new or expanding 
     discharges of nitrogen, phosphorus, or sediment shall acquire 
     offsets that exceed, by a ratio to be determined by the 
     Administrator through rulemaking, the quantities of nitrogen, 
     phosphorus, or sediment that would be discharged under the 
     permit, taking into account attenuation, equivalency, and 
     uncertainty; and
       ``(E) for the purposes of developing and implementing a 
     watershed implementation plan under subparagraph (C)--
       ``(i) incorporate into the Federal plan all applicable 
     requirements for nonpoint sources included as part of the 
     most recently approved watershed implementation plan of the 
     Chesapeake Basin State;
       ``(ii) issue such permits to point sources as the 
     Administrator determines to be necessary to control 
     discharges sufficient to meet the pollution reductions 
     required to meet applicable water quality standards;
       ``(iii) enforce such nonpoint source requirements under 
     Federal law in the same manner and with the same stringency 
     as required under most recently approved watershed 
     implementation plan of the Chesapeake Basin State; and
       ``(iv) enforce such point source permits in the same manner 
     as other permits issued under section 402 are enforced.
       ``(6) Nitrogen, phosphorus, and sediment trading 
     programs.--
       ``(A) Establishment.--Not later than May 12, 2012, the 
     Administrator, in cooperation with the Secretary of 
     Agriculture and each Chesapeake Basin State, shall establish, 
     by regulation, an interstate nitrogen and phosphorus trading 
     program for the Chesapeake Basin for the generation, trading, 
     and use of nitrogen and phosphorus credits to facilitate the 
     attainment and maintenance of water quality standards in the 
     Chesapeake Bay and the Chesapeake Bay tidal segments.
       ``(B) Trading system.--The trading program established 
     under this subsection shall, at a minimum--
       ``(i) define and standardize nitrogen and phosphorus 
     credits and establish procedures or standards for ensuring 
     equivalent water quality benefits for all credits;
       ``(ii) establish procedures or standards for certifying, 
     verifying, and enforcing nitrogen and phosphorus credits to 
     ensure that credit-generating practices from both point 
     sources and nonpoint sources are achieving actual reductions 
     in nitrogen and phosphorus, including provisions for allowing 
     the use of third parties to verify and certify credits sold 
     within and across State lines;
       ``(iii) establish procedures or standards for generating, 
     quantifying, trading, and applying credits to meet regulatory 
     requirements and allow for trading to occur between and 
     across point source or nonpoint sources, including a 
     requirement that purchasers of credits that propose to 
     satisfy all or part of the obligation to reduce nitrogen and 
     phosphorus through the use of credits shall compensate in a 
     timely manner, through further limitations on the discharges 
     of the purchaser or through a new trade, for any deficiency 
     in those reductions that results from the failure of a credit 
     seller to carry out any activity that was to generate the 
     credits;
       ``(iv) establish baseline requirements that a credit seller 
     shall meet before becoming eligible to generate saleable 
     credits, which shall be at least as stringent as applicable 
     water quality standards, total maximum daily loads (including 
     applicable wasteload and load allocations), and watershed 
     implementation plans;
       ``(v) ensure that credits and trade requirements are 
     incorporated, directly or by reference, into enforceable 
     permit requirements under the more stringent of the national 
     pollutant discharge elimination system established under 
     section 402 or the system of the applicable State permitting 
     authority, for all credit purchasers covered by the permits;
       ``(vi) ensure that private contracts between credit buyers 
     and credit sellers contain adequate provisions to ensure 
     enforceability under applicable law;
       ``(vii) establish procedures or standards to ensure public 
     transparency for all nitrogen and phosphorus trading 
     activities, including the establishment of a publicly 
     available trading registry, which shall include--

       ``(I) the information used in the certification and 
     verification process; and
       ``(II) recorded trading transactions (such as the 
     establishment, sale, amounts, and use of credits);

       ``(viii) in addition to requiring compliance with all other 
     statutory and regulatory requirements, ensure that, in any 
     case in which a segment of the Chesapeake Basin is impaired 
     with respect to nitrogen and phosphorus being traded and a 
     total maximum daily load for that segment has not yet been 
     implemented for the impairment--

       ``(I) trades are required to result in progress toward or 
     the attainment of water quality standards in that segment; 
     and
       ``(II) credit buyers in that segment may not rely on 
     credits produced outside of the segment;

       ``(ix) require that the application of credits to meet 
     regulatory requirements under this section not cause or 
     contribute to exceedances of water quality standards, total 
     maximum daily loads, or wasteload or load allocations for 
     affected receiving waters, including avoidance of localized 
     impacts;
       ``(x) except as part of a consent agreement, consent 
     judgment, enforcement order, plea agreement, or sentencing 
     condition, prohibit the purchase of credits from any entity 
     that is in noncompliance with an enforceable permit issued 
     under section 402;
       ``(xi) consider and incorporate, to the extent consistent 
     with the minimum requirements of this Act, as determined by 
     the Administrator, in consultation with the Secretary of 
     Agriculture, elements of State trading programs in existence 
     on the date of enactment of the Chesapeake Clean Water and 
     Ecosystem Restoration Act;
       ``(xii) allow for, as appropriate, the aggregation and 
     banking of credits by third parties;
       ``(xiii) provide, to the maximum extent practicable, that 
     credit-generating practices are achieving equivalent 
     reductions in nitrogen and phosphorus before using the 
     credits; and
       ``(xiv) provide for appropriate temporal consistency 
     between the time period during which the credit is generated 
     and the time period during which the credit is used.
       ``(C) Facilitation of trading.--In order to attract market 
     participants and facilitate the cost-effective achievement of 
     water-quality goals, the Administrator, in consultation with 
     the Secretary of Agriculture, shall ensure that the trading 
     program established under this paragraph--
       ``(i) includes measures to mitigate credit buyer risk;
       ``(ii) makes use of the best available science in order to 
     minimize uncertainty and related transaction costs to traders 
     by supporting research and other activities that increase the 
     scientific understanding of nonpoint nitrogen and phosphorus 
     pollutant loading and the ability of various structural and 
     nonstructural alternatives to reduce the loads;
       ``(iii) eliminates unnecessary or duplicative 
     administrative processes; and
       ``(iv) incorporates a permitting approach under the 
     national pollutant discharge elimination system established 
     under section 402 that--

       ``(I) allows trading to occur without requiring the 
     reopening or reissuance of the base permits to incorporate 
     individual trades; and
       ``(II) incorporates any such trades, directly through a 
     permit amendment or addendum, or indirectly by any 
     appropriate mechanism, as enforceable terms of those permits 
     on approval of the credit purchase by the permitting 
     authority, in accordance with the requirements of the 
     Chesapeake Basin Program, this Act, and regulations 
     promulgated pursuant to this Act.

       ``(D) Sediment trading.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of the Chesapeake Clean Water and Ecosystem 
     Restoration Act, the Administrator, in consultation with the 
     Secretary of Agriculture, shall convene a task force, to be 
     composed of representatives from the Chesapeake Basin States 
     and public and private entities--

       ``(I) to identify any scientific, technical, or other 
     issues that would hinder the rapid deployment of an 
     interstate sediment trading program; and
       ``(II) to provide to the Administrator recommendations to 
     overcome any of the obstacles to rapid deployment of such a 
     trading system.

       ``(ii) Interstate sediment trading program.--

       ``(I) Establishment.--Based on the recommendations of the 
     task force established under clause (i), the Administrator, 
     in cooperation with each Chesapeake Basin State, shall 
     establish an interstate sediment trading program for the 
     Chesapeake Basin for the generation, trading, and use of 
     sediment credits to facilitate the attainment and maintenance 
     water quality standards in the Chesapeake Bay and the 
     Chesapeake Bay tidal segments.
       ``(II) Requirement.--The interstate sediment trading 
     program established under subclause (I) shall include, at a 
     minimum, definitions, procedures, standards, requirements, 
     assurances, allowances, prohibitions, and evaluations 
     comparable to the interstate nitrogen and phosphorus trading 
     program established under subparagraph (A).
       ``(III) Deadline.--Upon a finding of the Administrator, 
     based on the recommendation of the task force established 
     under clause (i), that such a sediment trading program would 
     substantially advance the achievement of Bay water quality 
     objectives and would be feasible, the interstate trading 
     program under this clause shall be established by the later 
     of--

       ``(aa) May 12, 2014; and
       ``(bb) the date on which each issue described in clause (i) 
     can be feasibly overcome.

[[Page 22685]]

       ``(E) Evaluation of trading.--
       ``(i) Reports.--Not less frequently than once every 5 years 
     after the date of establishment of the interstate nitrogen 
     and phosphorus trading program under this paragraph, the 
     Administrator shall submit to Congress a report describing 
     the results of the program with respect to enforceability, 
     transparency, achievement of water quality results, and 
     whether the program has resulted in any localized water 
     pollution problem.
       ``(ii) Improvements.--Based on the reports under clause 
     (i), the Administrator shall make improvements to the trading 
     program under this paragraph to ensure achievement of the 
     environmental and programmatic objectives of the program.
       ``(F) Effect on other trading systems.--Nothing in this 
     paragraph affects the ability of a State to establish or 
     implement an applicable intrastate trading program.
       ``(7) Authority relating to development.--The Administrator 
     shall--
       ``(A) establish, for projects resulting in impervious 
     development, guidance relating to site planning, design, 
     construction, and maintenance strategies to ensure that the 
     land maintains predevelopment hydrology with regard to the 
     temperature, rate, volume, and duration of flow;
       ``(B) compile a database of best management practices, 
     model stormwater ordinances, and guidelines with respect to 
     the construction of low-impact development infrastructure and 
     nonstructural low-impact development techniques for use by 
     States, local governments, and private entities; and
       ``(C) not later than 180 days after promulgation of the 
     regulations under subsection (i)(4)(B), issue guidance, model 
     ordinances, and guidelines to carry out this paragraph.
       ``(8) Assistance with respect to stormwater discharges.--
       ``(A) Financial assistance award program.--The 
     Administrator may enter into financial assistance agreements 
     with any local government within the Chesapeake Basin that 
     adopts the guidance, best management practices, ordinances, 
     and guidelines issued and compiled under paragraph (7).
       ``(B) Use of funds.--A financial assistance agreement 
     provided under subparagraph (A) may be used by a local 
     government to pay costs associated with--
       ``(i) developing, implementing, and enforcing the guidance, 
     best management practices, ordinances, and guidelines issued 
     and compiled under paragraph (7); and
       ``(ii) implementing projects designed to reduce or 
     beneficially reuse stormwater discharges.
       ``(9) Consumer and commercial product report.--Not later 
     than 3 years after the date of enactment of the Chesapeake 
     Clean Water and Ecosystem Restoration Act, the Administrator, 
     in consultation with the Chesapeake Executive Council, 
     shall--
       ``(A) review consumer and commercial products (such as lawn 
     fertilizer), the use of which may affect the water quality of 
     the Chesapeake Basin or associated tributaries, to determine 
     whether further product nitrogen and phosphorus content 
     restrictions are necessary to restore or maintain water 
     quality in the Chesapeake Basin and those tributaries; and
       ``(B) submit to the Committees on Appropriations, 
     Environment and Public Works, and Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Appropriations, Natural Resources, Energy and Commerce, and 
     Transportation and Infrastructure of the House of 
     Representatives a product nitrogen and phosphorus report 
     detailing the findings of the review under subparagraph (A).
       ``(10) Agricultural animal waste-to-bioenergy deployment 
     program.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Agricultural animal waste.--The term `agricultural 
     animal waste' means manure from livestock, poultry, or 
     aquaculture.
       ``(ii) Eligible technology.--The term `eligible technology' 
     means a technology that converts or proposes to convert 
     agricultural animal waste into--

       ``(I) heat;
       ``(II) power; or
       ``(III) biofuels.

       ``(B) Financial assistance agreement program.--The 
     Administrator, in coordination with the Secretary of 
     Agriculture, may enter into financial assistance agreements 
     with any person or partnership of persons for the purpose of 
     carrying out projects to deploy an eligible technology in 
     agricultural animal waste-to-bioenergy treatment that has 
     significant potential to reduce agricultural animal waste 
     volume, recover nitrogen and phosphorus, improve water 
     quality, decrease pollution potential, and recover energy.
       ``(C) Project selection.--
       ``(i) In general.--In selecting applicants for financial 
     assistance agreements under this paragraph, the Administrator 
     shall select projects that--

       ``(I) reduce--

       ``(aa) impacts of agricultural animal waste on surface and 
     groundwater quality;
       ``(bb) emissions to the ambient air; and
       ``(cc) the release of pathogens and other contaminants to 
     the environment; and

       ``(II) quantify--

       ``(aa) the degree of waste stabilization to be realized by 
     the project; and
       ``(bb) nitrogen and phosphorus reduction credits that could 
     contribute to the nitrogen and phosphorus trading program for 
     the Chesapeake Basin under this subsection.
       ``(ii) Prioritization.--The Administrator shall prioritize 
     projects based on--

       ``(I) the level of nitrogen and phosphorus reduction 
     achieved;
       ``(II) geographical diversity among the Chesapeake Basin 
     States; and
       ``(III) differing types of agricultural animal waste.

       ``(D) Federal share.--The amount of a financial assistance 
     awarded under this paragraph shall not exceed 50 percent of 
     the cost of the project to be carried out using funds from 
     the financial assistance award.
       ``(k) Prohibition on Introduction of Asian Oysters.--Not 
     later than 2 years after the date of enactment of the 
     Chesapeake Clean Water and Ecosystem Restoration Act, the 
     Administrator shall promulgate regulations--
       ``(1) to designate the Asian oyster as a `biological 
     pollutant' in the Chesapeake Bay and tidal waters pursuant to 
     section 502;
       ``(2) to prohibit the issuance of permits under sections 
     402 and 404 for the discharge of the Asian oyster into the 
     Chesapeake Bay and Chesapeake Bay tidal segments; and
       ``(3) to specify conditions under which scientific research 
     on Asian oysters may be conducted within the Chesapeake Bay 
     and Chesapeake Bay tidal segments.
       ``(l) Chesapeake Nutria Eradication Program.--
       ``(1) Financial assistance authority.--Subject to the 
     availability of appropriations, the Secretary of the Interior 
     (referred to in this subsection as the `Secretary'), may 
     provide financial assistance to the States of Delaware, 
     Maryland, and Virginia to carry out a program to implement 
     measures--
       ``(A) to eradicate or control nutria; and
       ``(B) to restore marshland damaged by nutria.
       ``(2) Goals.--The continuing goals of the program shall 
     be--
       ``(A) to eradicate nutria in the Chesapeake Basin 
     ecosystem; and
       ``(B) to restore marshland damaged by nutria.
       ``(3) Activities.--In the States of Delaware, Maryland, and 
     Virginia, the Secretary shall require that the program under 
     this subsection consist of management, research, and public 
     education activities carried out in accordance with the 
     document published by the United States Fish and Wildlife 
     Service entitled `Eradication Strategies for Nutria in the 
     Chesapeake and Delaware Bay Watersheds', dated March 2002, or 
     any updates to the document.
       ``(m) Review of Studies on the Impacts of Menhaden on the 
     Water Quality of the Chesapeake Bay.--
       ``(1) Research review.--The Administrator, in cooperation 
     and consultation with the Administrator of the National 
     Oceanic and Atmospheric Administration, shall--
       ``(A) prepare a report that reviews and summarizes 
     existing, peer reviewed research relating to the impacts of 
     menhaden on water quality, including the role of menhaden as 
     filter feeders and the impacts on dissolved oxygen levels, 
     nitrogen and phosphorus levels, phytoplankton, zooplankton, 
     detritus, and similar issues by menhaden at various life 
     stages;
       ``(B) identify important data gaps or additional menhaden 
     population studies, if any, relating to the impacts of the 
     menhaden population on water quality; and
       ``(C) provide any recommendations for additional research 
     or study.
       ``(2) Report and recommendations.--Not later than 5 years 
     after the date of enactment of the Chesapeake Clean Water and 
     Ecosystem Restoration Act, the Administrator shall submit the 
     report and recommendations required in paragraph (1) to--
       ``(A) the Committee on Commerce, Science, and 
     Transportation and the Committee on Environment and Public 
     Works Committee of the Senate; and
       ``(B) the Committee on Natural Resources and the Committee 
     on Transportation and Infrastructure Committee of the House 
     of Representatives.
       ``(n) Effect on Other Requirements.--
       ``(1) In general.--Nothing in this section removes or 
     otherwise affects any other obligation for a point source to 
     comply with other applicable requirements under this Act.
       ``(2) Violations by states.--
       ``(A) Enforcement action by administrator.--The failure of 
     a Chesapeake Basin State that submits a watershed 
     implementation plan under subsection (i) to submit a biennial 
     report, meet or correct a previously missed 2-year commitment 
     made in a watershed implementation plan, or implement a 
     watershed implementation plan or permit program under this 
     section shall--
       ``(i) constitute a violation of this Act; and
       ``(ii) subject the State to an enforcement action by the 
     Administrator.
       ``(B) Enforcement action by citizens.--
       ``(i) In general.--The failure of a Chesapeake Basin State 
     that submits a watershed implementation plan under subsection 
     (i) to meet or correct a previously missed 2-year commitment 
     made in a watershed implementation plan or implement a 
     watershed implementation plan or permit program under

[[Page 22686]]

     this section shall subject the appropriate State officer to a 
     civil action seeking injunctive relief commenced by a citizen 
     on behalf of the citizen.
       ``(ii) Jurisdiction, venue, notice, and litigation costs.--

       ``(I) In general.--A citizen may commence a civil action on 
     behalf of the citizen against a State under clause (i), 
     subject to the requirements for notice, venue, and 
     intervention described in subsections (b) and (c) of section 
     505 for a suit brought under section 505(a)(1)(A).
       ``(II) Jurisdiction.--Jurisdiction over a suit brought 
     under subclause (I) shall be the district courts, as 
     described in section 505(a).
       ``(III) Litigation costs.--The court may award litigation 
     costs for suit brought under subclause (I), as described in 
     section 505(d).

       ``(iii) Savings clause.--Nothing in this subsection affects 
     the ability of a citizen to bring an action for civil 
     enforcement on behalf of the citizen under section 505.
       ``(o) Government and Independent Evaluations.--
       ``(1) Inspectors general reviews.--
       ``(A) In general.--The Inspectors General of the 
     Environmental Protection Agency and the Department of 
     Agriculture shall jointly evaluate and submit to Congress 
     reports describing the implementation of this section not 
     less frequently than once every 3 years.
       ``(B) Inclusions.--Each report under subparagraph (A) shall 
     include an assurance that, with respect to the period covered 
     by the report--
       ``(i) funds authorized for the restoration activities were 
     distributed and used in a manner that are consistent with the 
     objectives of improving the water quality in the Chesapeake 
     Bay ecosystem;
       ``(ii) mechanisms were in place to ensure that restoration 
     activities are properly implemented;
       ``(iii) mechanisms were in place to ensure that progress 
     toward water quality goals for the Chesapeake Bay ecosystem 
     are achieved;
       ``(iv) the allocation of funds reflected the responsibility 
     and contribution of each Chesapeake Bay State toward 
     achieving water quality goals;
       ``(v) restoration activities were carried out in accordance 
     with this section;
       ``(vi) the factual information and assumptions incorporated 
     in Chesapeake Bay modeling efforts were accurate; and
       ``(vii) implementation was adequately tracked and accounted 
     for in Chesapeake Bay modeling efforts, including tracking of 
     privately funded and government-funded practices.
       ``(2) Independent reviews.--
       ``(A) In general.--The Administrator shall enter into a 
     contract with the National Academy of Sciences or the 
     National Academy of Public Administration under which the 
     Academy shall conduct 2 reviews of the Chesapeake Basin 
     restoration efforts under this section.
       ``(B) Inclusions.--Each review under subparagraph (A) shall 
     include an assessment of--
       ``(i) progress made toward meeting the goals of this 
     section;
       ``(ii) efforts by Federal, State, and local governments and 
     the private sector in implementing this section;
       ``(iii) the methodologies (including computer modeling) and 
     data (including monitoring data) used to support the 
     implementation of this section; and
       ``(iv) the economic impacts, including--

       ``(I) a comprehensive analysis of the costs of compliance;
       ``(II) the benefits of restoration;
       ``(III) the value of economic losses avoided;
       ``(IV) a regional analysis of items (I) through (III), by 
     Chesapeake Basin State and by sector, to the maximum extent 
     practicable; and
       ``(V) an analysis of nitrogen, phosphorus, or sediment 
     credits for future delivery and the impact of that futures 
     trading on nitrogen, phosphorus, or sediment price 
     volatility.

       ``(C) Reports.--The National Academy of Sciences or the 
     National Academy of Public Administration shall submit to the 
     Administrator a report describing the results of the reviews 
     under this paragraph, together with recommendations regarding 
     the reviews (including any recommendations with respect to 
     efforts of the Environmental Protection Agency or any other 
     Federal or State agency required to implement applicable 
     water quality standards in the Chesapeake Basin and achieve 
     those standards in the Chesapeake Bay and Chesapeake Bay 
     tidal segments), if any, by not later than--
       ``(i) May 12, 2015, with respect to the first review 
     required under this paragraph; and
       ``(ii) May 12, 2020, with respect to the second review 
     required under this paragraph.
       ``(p) Authorization of Appropriations.--
       ``(1) Chesapeake basin program office.--There is authorized 
     to be appropriated to the Chesapeake Basin Program Office to 
     carry out subsection (b)(2) $20,000,000 for each of fiscal 
     years 2012 through 2017.
       ``(2) Implementation, monitoring, and centers of excellence 
     financial assistance awards.--
       ``(A) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated or otherwise made 
     available to carry out this section, there are authorized to 
     be appropriated to the Administrator--
       ``(i) to carry out a program to establish and support 
     centers of excellence for water quality and agricultural 
     policies and practices under subsection (e)(1)(C), 
     $10,000,000 for each of fiscal years 2012 through 2017;
       ``(ii) to provide implementation of financial assistance 
     agreements under subsection (e)(3)(A), $80,000,000 for each 
     of fiscal years 2012 through 2017, to remain available until 
     expended;
       ``(iii) to carry out a freshwater monitoring program under 
     subsection (e)(3)(B), $5,000,000 for each of fiscal years 
     2012 through 2017;
       ``(iv) to carry out a Chesapeake Bay and tidal water 
     monitoring program under subsection (e)(3)(B), $5,000,000 for 
     each of fiscal years 2012 through 2017; and
       ``(v) to carry out the Chesapeake nitrogen and phosphorus 
     trading guarantee pilot program under subsection (e)(1)(D), 
     $20,000,000 for the period of fiscal years 2012 through 2017.
       ``(B) Cost sharing.--The Federal share of the cost of a 
     program carried out using funds from a financial assistance 
     agreement provided--
       ``(i) under subparagraph (A)(ii) shall not exceed--

       ``(I) 80 percent, with respect to funds provided for the 
     provision of technical assistance to agricultural producers 
     and forest owners; and
       ``(II) with respect to all other activities under that 
     subparagraph--

       ``(aa) for the States of Delaware, New York, and West 
     Virginia, shall not exceed 75 percent; and
       ``(bb) for the States of Maryland, Pennsylvania, and 
     Virginia and for the District of Columbia, shall not exceed 
     50 percent; and
       ``(ii) under clause (i), (iii), or (iv) of subparagraph (A) 
     shall not exceed 80 percent.
       ``(3) Chesapeake stewardship financial assistance awards.--
     There is authorized to be appropriated to carry out 
     subsection (h)(2) $15,000,000 for each of fiscal years 2012 
     through 2017.
       ``(4) Storm water pollution planning and implementation 
     financial assistance awards.--
       ``(A) Authorization of appropriations.--In addition to 
     amounts authorized or otherwise made available to carry out 
     this section, there are authorized to be appropriated to the 
     Administrator--
       ``(i) to carry out subsection (j)(8)(B)(i), $10,000,000; 
     and
       ``(ii) to carry out subsection (j)(8)(B)(ii), 
     $1,500,000,000.
       ``(B) Cost-sharing.--A financial assistance agreement 
     provided for a project under--
       ``(i) subsection (j)(8)(B)(i) may not be used to cover more 
     than 80 percent of the cost of the project; and
       ``(ii) subsection (j)(8)(B)(ii) may not be used to cover 
     more than 75 percent of the cost of the project.
       ``(5) Nutria eradication financial assistance awards.--
       ``(A) In general.--There is authorized to be appropriated 
     to the Secretary of the Interior to provide financial 
     assistance in the Chesapeake Basin under subsection (l) 
     $4,000,000 for each of fiscal years 2012 through 2017.
       ``(B) Cost-sharing.--
       ``(i) Federal share.--The Federal share of the cost of 
     carrying out the program under subsection (l) may not exceed 
     75 percent of the total costs of the program.
       ``(ii) In-kind contributions.--The non-Federal share of the 
     cost of carrying out the program under subsection (l) may be 
     provided in the form of in-kind contributions of materials or 
     services.
       ``(6) Agricultural animal waste-to-bioenergy deployment 
     financial assistance awards.--There is authorized to be 
     appropriated to carry out the agricultural animal waste-to-
     bioenergy deployment program under subsection (j) $30,000,000 
     for the period of fiscal years 2012 to 2017, to remain 
     available until expended.
       ``(7) Limitation on administrative costs.--Not more than 10 
     percent of the annual amount of any financial assistance 
     agreement provided by the Administrator or Secretary under 
     any program described in this subsection may be used for 
     administrative costs.
       ``(8) Availability.--Amounts authorized to be appropriated 
     under this subsection shall remain available until expended.
       ``(q) Severability.--A determination that any provision of 
     this section is invalid, illegal, unenforceable, or in 
     conflict with any other law shall not affect the validity, 
     legality, or enforceability of the remaining provisions of 
     this section.
       ``(r) Applicability.--
       ``(1) In general.--The authority provided by this section 
     applies solely to Chesapeake Basin States.
       ``(2) Other states.--Nothing in this section modifies or 
     otherwise affects any authority provided by this Act with 
     respect to any provision of law (including a regulation) 
     applicable to any other State.''.

     SEC. 10273. FEDERAL ENFORCEMENT.

       Section 309 of the Federal Water Pollution Control Act (33 
     U.S.C. 1319) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), in the first sentence, by striking 
     ``section 402'' and inserting ``section 117, 402,'';
       (B) in paragraph (3), by inserting ``section 117 or'' 
     before ``section 402'';

[[Page 22687]]

       (2) in subsection (d), in the first sentence, by inserting 
     ``section 117 or'' after ``a permit issued under''; and
       (3) in subsection (g)--
       (A) in paragraph (1)(A), by inserting ``section 117 or'' 
     before ``section 402''; and
       (B) in paragraph (7), by striking ``section 402'' and 
     inserting ``section 117, 402,''.

     SEC. 10274. FEDERAL RESPONSIBILITY TO PAY FOR STORMWATER 
                   PROGRAMS.

       Section 313 of the Federal Water Pollution Control Act (33 
     U.S.C. 1323) is amended by adding at the end the following:
       ``(c) Reasonable Service Charges.--Reasonable service 
     charges described in subsection (a) include any reasonable 
     nondiscriminatory fee, charge, or assessment that is--
       ``(1) based on some fair approximation of the proportionate 
     contribution of the property or facility to stormwater 
     pollution (in terms of quantities of pollutants, or volume or 
     rate of stormwater discharge or runoff from the property or 
     facility); and
       ``(2) used to pay or reimburse the costs associated with 
     any stormwater management program (whether associated with a 
     separate storm sewer system or a sewer system that manages a 
     combination of stormwater and sanitary waste), including the 
     full range of programmatic and structural costs attributable 
     to collecting stormwater, reducing pollutants in stormwater, 
     and reducing the volume and rate of stormwater discharge, 
     regardless of whether that reasonable fee, charge, or 
     assessment is denominated a tax.''.

     SEC. 10275. RELATIONSHIP TO NATIONAL ESTUARY PROGRAM.

       Section 320(b) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1330(b)) is amended in the last sentence by 
     inserting ``or section 117'' after ``this section''.

     SEC. 10276. SEPARATE APPROPRIATIONS ACCOUNT.

       Section 1105(a) of title 31, United States Code, is 
     amended--
       (1) by redesignating paragraphs (35) and (36) as paragraphs 
     (36) and (37), respectively;
       (2) by redesignating the second paragraph (33) (relating to 
     obligational authority and outlays requested for homeland 
     security) as paragraph (35); and
       (3) by adding at the end the following:
       ``(38) a separate statement for the Chesapeake Nitrogen and 
     Phosphorus Trading Guarantee Fund established under section 
     117(e)(1)(E) of the Federal Water Pollution Control Act (33 
     U.S.C. 1267(e)(1)(E)), which shall include the estimated 
     amounts of--
       ``(A) deposits in the Fund;
       ``(B) obligations; and
       ``(C) outlays from the Fund.''.

     SEC. 10277. CHESAPEAKE BASIN ASSURANCE STANDARDS.

       Section 1240Q of the Food Security Act of 1985 (16 U.S.C. 
     3839bb-4) is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following:
       ``(h) Assurance Standards.--
       ``(1) Definition of chesapeake basin state.--In this 
     subsection, the term `Chesapeake Basin State' means any of--
       ``(A) the States of Delaware, Maryland, New York, 
     Pennsylvania, Virginia, and West Virginia; or
       ``(B) the District of Columbia.
       ``(2) Purpose.--The purpose of this subsection is to 
     develop environmental assurance standards for use by the 
     Chesapeake Basin States to ensure that agricultural producers 
     and nonindustrial private forest landowners in the Chesapeake 
     Bay watershed are implementing achievable and economically 
     practicable conservation activities, consistent with the 
     water quality standards of the applicable Chesapeake Basin 
     State, that--
       ``(A) reduce nitrogen, phosphorus, and sediment loads; and
       ``(B) fulfill water quality requirements under applicable 
     Federal and State law.
       ``(3) Duties of secretary.--
       ``(A) In general.--The Secretary, using existing 
     partnerships and programs, to the maximum extent practicable, 
     and with the concurrence of the Administrator of the 
     Environmental Protection Agency, shall identify conservation 
     practice standards and other conservation activities, 
     including risk assessment and conservation planning, designed 
     to achieve the nitrogen, phosphorus, and sediment allocations 
     that Chesapeake Basin States can incorporate in--
       ``(i) a State management plan under section 117(h)(1) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1267(h)(1)); or
       ``(ii) a State watershed implementation plan under section 
     117(i) of the Federal Water Pollution Control Act (33 U.S.C. 
     1267(i)).
       ``(B) Establishment of guidelines.--The Secretary shall 
     establish third-party verification and auditing guidelines 
     for Chesapeake Basin States to ensure that activities 
     designed to meet the conservation practice standards under 
     subparagraph (A) are being implemented.
       ``(C) Technical assistance.--The Secretary shall provide 
     conservation technical assistance--
       ``(i) to educate agricultural and private forest landowners 
     in the Chesapeake Bay watershed regarding Federal and State 
     regulatory water quality requirements and activities the 
     landowners could carry out--

       ``(I) to achieve compliance with the requirements; and
       ``(II) to improve wildlife habitat;

       ``(ii) to assist those landowners in selecting and 
     implementing conservation activities that will achieve and 
     maintain compliance with Federal and State regulatory water 
     quality requirements; and
       ``(iii) to support voluntary efforts to improve water 
     quality and wildlife habitat.
       ``(D) Memorandum of understanding.--The Secretary may enter 
     into a memorandum of understanding with the Administrator of 
     the Environmental Protection Agency and the Chesapeake Basin 
     States to coordinate conservation planning for agricultural 
     and nonindustrial private forestland to meet applicable 
     Federal and State water quality requirements, including 
     applicable nitrogen, phosphorus, and sediment allocations.
       ``(4) Effect of assurance standards.--
       ``(A) Compliance.--Except as provided in subparagraph (B), 
     an agricultural or private forest landowner that is not 
     subject to the requirements of the national pollutant 
     discharge elimination system of section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342), but that 
     implements all applicable conservation practices or other 
     conservation activities in accordance with a conservation 
     plan adopted under this subsection that meets the 
     requirements of section 117(i)(3) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1267(i)(3)) and any 
     additional State water quality requirements, shall be 
     considered to be in full compliance with the applicable 
     nitrogen, phosphorus, and sediment allocations for the 
     Chesapeake Bay watershed established pursuant to section 
     303(d) of the Federal Water Pollution Control Act (33 U.S.C. 
     1313(d)).
       ``(B) Exception.--Subparagraph (A) does not apply to any 
     agreement entered into with the Natural Resources 
     Conservation Service regarding a comprehensive nutrient 
     management plan.
       ``(5) Updating practice standards, allocations, and 
     plans.--Nothing in this subsection limits the ability of--
       ``(A) the Secretary or the Administrator of the 
     Environmental Protection Agency to update applicable 
     conservation practice standards;
       ``(B) the Administrator to update the Chesapeake Bay TMDL 
     (as defined in section 117(a) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1267(a))) or any wasteload allocation 
     or load allocation under the Chesapeake Bay TMDL; or
       ``(C) the Administrator or any Chesapeake Basin State to 
     update any watershed implementation plan.''.

               Subtitle I--San Francisco Bay Restoration

     SEC. 10281. SHORT TITLE.

       This subtitle may be cited as the ``San Francisco Bay 
     Restoration Act''.

     SEC. 10282. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) (as amended by section 10243) is amended 
     by adding at the end the following:

     ``SEC. 126. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Annual priority list.--The term `annual priority 
     list' means the annual priority list compiled under 
     subsection (b).
       ``(2) Comprehensive plan.--The term `comprehensive plan' 
     means--
       ``(A) the comprehensive conservation and management plan 
     approved under section 320 for the San Francisco Bay estuary; 
     and
       ``(B) any amendments to that plan.
       ``(3) Estuary partnership.--The term `Estuary Partnership' 
     means the San Francisco Estuary Partnership, the entity that 
     is designated as the management conference under section 320.
       ``(b) Annual Priority List.--
       ``(1) In general.--After providing public notice, the 
     Administrator shall annually compile a priority list 
     identifying and prioritizing the activities, projects, and 
     studies intended to be funded with the amounts made available 
     under subsection (c).
       ``(2) Inclusions.--The annual priority list compiled under 
     paragraph (1) shall include--
       ``(A) activities, projects, or studies, including 
     restoration projects and habitat improvement for fish, 
     waterfowl, and wildlife, that advance the goals and 
     objectives of the approved comprehensive plan;
       ``(B) information on the activities, projects, programs, or 
     studies specified under subparagraph (A), including a 
     description of--
       ``(i) the identities of the financial assistance 
     recipients; and
       ``(ii) the communities to be served; and
       ``(C) the criteria and methods established by the 
     Administrator for selection of activities, projects, and 
     studies.
       ``(3) Consultation.--In developing the priority list under 
     paragraph (1), the Administrator shall consult with and 
     consider the recommendations of--
       ``(A) the Estuary Partnership;
       ``(B) the State of California and affected local 
     governments in the San Francisco Bay estuary watershed; and
       ``(C) any other relevant stakeholder involved with the 
     protection and restoration of

[[Page 22688]]

     the San Francisco Bay estuary that the Administrator 
     determines to be appropriate.
       ``(c) Grant Program.--
       ``(1) In general.--Pursuant to section 320, the 
     Administrator may provide funding through cooperative 
     agreements, grants, or other means to State and local 
     agencies, and public or nonprofit agencies, institutions, and 
     organizations, including the Estuary Partnership, for 
     activities, studies, or projects identified on the annual 
     priority list.
       ``(2) Maximum amount of grants; non-federal share.--
       ``(A) Maximum amount of grants.--Amounts provided to any 
     individual or entity under this section for a fiscal year 
     shall not exceed an amount equal to 75 percent of the total 
     cost of any eligible activities that are to be carried out 
     using those amounts.
       ``(B) Non-federal share.--The non-Federal share of the 
     total cost of any eligible activities that are carried out 
     using amounts provided under this section shall be--
       ``(i) not less than 25 percent; and
       ``(ii) provided from non-Federal sources.
       ``(d) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Administrator to carry 
     out this section $35,000,000 for each of fiscal years 2012 
     through 2021.
       ``(2) Administrative expenses.--Of the amount made 
     available to carry out this section for a fiscal year, the 
     Administrator shall use not more than 5 percent to pay 
     administrative expenses incurred in carrying out this 
     section.
       ``(3) Relationship to other funding.--Nothing in this 
     section limits the eligibility of the Estuary Partnership to 
     receive funding under section 320(g).
       ``(4) Prohibition.--No amounts made available under 
     subsection (c) may be used for the administration of a 
     management conference under section 320.''.

     TITLE CIII--WATER QUALITY PROTECTION AND RESTORATION PROGRAMS

        Subtitle A--Clean Coastal Environment and Public Health

     SEC. 10301. SHORT TITLE.

       This subtitle may be cited as the ``Clean Coastal 
     Environment and Public Health Act of 2010''.

     SEC. 10302. FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS.

       (a) Adoption of New or Revised Criteria and Standards.--
     Section 303(i)(2)(A) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1313(i)(2)(A)) is amended by striking 
     ``paragraph (1)(A)'' each place it appears and inserting 
     ``paragraph (1)''.
       (b) Revised Criteria for Coastal Recreation Waters.--
     Section 304(a)(9) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1314(a)(9)) is amended--
       (1) in subparagraph (A), by striking ``methods, as 
     appropriate'' and inserting ``methods, including rapid 
     testing methods''; and
       (2) by adding at the end the following:
       ``(C) Publication of pathogen and pathogen indicator 
     list.--Upon publication of the new or revised water quality 
     criteria under subparagraph (A), the Administrator shall 
     publish in the Federal Register a list of all pathogens and 
     pathogen indicators studied in developing the new or revised 
     water quality criteria.''.
       (c) Source Identification.--
       (1) Monitoring protocols.--Section 406(a)(1)(A) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1346(a)(1)(A)) 
     is amended by striking ``methods for monitoring'' and 
     inserting ``methods for monitoring protocols that are most 
     likely to detect pathogenic contamination''.
       (2) State reports; source tracking.--Section 406(b) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1346(b)) is 
     amended--
       (A) in paragraph (3)(A)(ii), by striking ``public'' and 
     inserting ``public and all environmental agencies of the 
     State with authority to prevent or treat sources of 
     pathogenic contamination in coastal recreation waters''; and
       (B) by adding at the end the following:
       ``(5) Contents of monitoring and notification programs.--
     For the purposes of this section, a program for monitoring, 
     assessment, and notification shall include, consistent with 
     performance criteria published by the Administrator under 
     subsection (a), monitoring, public notification, source 
     tracking, and sanitary surveys, and may include prevention 
     efforts, not already funded under this Act to address 
     identified sources of contamination by pathogens and pathogen 
     indicators in coastal recreation waters adjacent to beaches 
     or similar points of access that are used by the public.''.
       (d) Use of Rapid Testing Methods.--
       (1) Contents of state and local government programs.--
     Section 406(c)(4)(A) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1346(c)(4)(A)) is amended by striking 
     ``methods'' and inserting ``methods, including a rapid 
     testing method after the last day of the 1-year period 
     following the date of validation of that rapid testing method 
     by the Administrator,''.
       (2) Validation and use of rapid testing methods.--
       (A) Validation of rapid testing methods.--Not later than 
     October 15, 2012, the Administrator of the Environmental 
     Protection Agency (referred to in this subtitle as the 
     ``Administrator'') shall complete an evaluation and 
     validation of a rapid testing method for the water quality 
     criteria and standards for pathogens and pathogen indicators 
     described in section 304(a)(9)(A) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1314(a)(9)(A)).
       (B) Guidance for use of rapid testing methods.--
       (i) In general.--Not later than 180 days after the date of 
     completion of the validation under subparagraph (A), and 
     after providing notice and an opportunity for public comment, 
     the Administrator shall publish guidance for the use at 
     coastal recreation waters adjacent to beaches or similar 
     points of access that are used by the public of rapid testing 
     methods that will enhance the protection of public health and 
     safety through rapid public notification of any exceedance of 
     applicable water quality standards for pathogens and pathogen 
     indicators.
       (ii) Prioritization.--In developing guidance under clause 
     (i), the Administrator shall require the use of rapid testing 
     methods at those beaches or similar points of access that are 
     the most used by the public.
       (3) Definition of rapid testing method.--Section 502 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1362) is 
     amended by adding at the end the following:
       ``(26) Rapid testing method.--The term `rapid testing 
     method' means a method of testing the water quality of 
     coastal recreation waters for which results are available as 
     soon as practicable and not more than 4 hours after receipt 
     of the applicable sample by the testing facility.''.
       (e) Notification of Federal, State, and Local Agencies; 
     Content of State and Local Programs.--Section 406(c) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is 
     amended--
       (1) in paragraph (5)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``prompt communication'' and inserting ``communication, 
     within 2 hours of the receipt of the results of a water 
     quality sample,'';
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A)(i) in the case of any State in which the 
     Administrator is administering the program under section 402, 
     the Administrator, in such form as the Administrator 
     determines to be appropriate; and
       ``(ii) in the case of any State other than a State to which 
     clause (i) applies, all agencies of the State government with 
     authority to require the prevention or treatment of the 
     sources of coastal recreation water pollution; and'';
       (2) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively;
       (3) by inserting after paragraph (5) the following:
       ``(6) measures for an annual report to the Administrator, 
     in such form as the Administrator determines to be 
     appropriate, on the occurrence, nature, location, pollutants 
     involved, and extent of any exceedance of applicable water 
     quality standards for pathogens and pathogen indicators;'';
       (4) in paragraph (7) (as redesignated by paragraph (2))--
       (A) by striking ``the posting'' and inserting ``the 
     immediate posting''; and
       (B) by striking ``and'' at the end;
       (5) in paragraph (8) (as redesignated by paragraph (2)), by 
     striking the period at the end and inserting a semicolon; and
       (6) by adding at the end the following:
       ``(9) the availability of a geographical information system 
     database that the State or local government program shall use 
     to inform the public about coastal recreation waters and 
     that--
       ``(A) is publicly accessible and searchable on the 
     Internet;
       ``(B) is organized by beach or similar point of access;
       ``(C) identifies applicable water quality standards, 
     monitoring protocols, sampling plans and results, and the 
     number and cause of coastal recreation water closures and 
     advisory days; and
       ``(D) is updated within 24 hours of the availability of 
     revised information;
       ``(10) measures to ensure that closures or advisories are 
     made or issued within 2 hours after the receipt of the 
     results of a water quality sample exceeding applicable water 
     quality standards for pathogens and pathogen indicators;
       ``(11) measures that inform the public of identified 
     sources of pathogenic contamination; and
       ``(12) analyses of monitoring protocols to determine which 
     protocols are most likely to detect pathogenic 
     contamination.''.
       (f) National List of Beaches.--Section 406(g) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1346(g)) is 
     amended by striking paragraph (3) and inserting the 
     following:
       ``(3) Updates.--Not later than 1 year after the date of 
     enactment of the Clean Coastal Environment and Public Health 
     Act of 2010, and biennially thereafter, the Administrator 
     shall update the list described in paragraph (1).''.
       (g) Compliance Review.--Section 406(h) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1346(h)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively,

[[Page 22689]]

     and indenting the subparagraphs appropriately;
       (2) by striking ``In the'' and inserting the following:
       ``(1) In general.--In the''; and
       (3) by adding at the end the following:
       ``(2) Compliance review.--On or before July 31 of each 
     calendar year beginning 18 months after the date of enactment 
     of the Clean Coastal Environment and Public Health Act of 
     2010, the Administrator shall--
       ``(A) prepare a written assessment of compliance with--
       ``(i) all statutory and regulatory requirements of this 
     section for each State and local government; and
       ``(ii) conditions of each grant made under this section to 
     a State or local government;
       ``(B) notify the State or local government of each such 
     assessment; and
       ``(C) make each of the assessments available to the public 
     in a searchable database on the Internet on or before 
     December 31 of the applicable calendar year.
       ``(3) Corrective action.--If a State or local government 
     that the Administrator notifies under paragraph (2) is not in 
     compliance with any requirement or grant condition described 
     in paragraph (2) and fails to take such action as is 
     necessary to comply with the requirement or condition by the 
     date that is 1 year after the date of notification, any 
     grants made under subsection (b) to the State or local 
     government, after the last day of that 1-year period and 
     while the State or local government is not in compliance with 
     all requirements and grant conditions described in paragraph 
     (2), shall have a Federal share of not to exceed 50 percent.
       ``(4) GAO review.--Not later than December 31 of the third 
     calendar year beginning after the date of enactment of the 
     Clean Coastal Environment and Public Health Act of 2010, the 
     Comptroller General shall--
       ``(A) conduct a review of the activities of the 
     Administrator under paragraphs (2) and (3) during the first 
     and second calendar years beginning after that date of 
     enactment; and
       ``(B) submit to Congress a report on the results of the 
     review.''.
       (h) Authorization of Appropriations.--Section 406(i) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1346(i)) is 
     amended by striking ``$30,000,000 for each of fiscal years 
     2001 through 2005'' and inserting ``$60,000,000 for each of 
     fiscal years 2012 through 2016''.

     SEC. 10303. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND 
                   COASTAL HEALTH ACT.

       Section 8 of the Beaches Environmental Assessment and 
     Coastal Health Act of 2000 (114 Stat. 877) is amended by 
     striking ``2005'' and inserting ``2015''.

     SEC. 10304. STUDY OF GRANT DISTRIBUTION FORMULA.

       (a) Study.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator shall commence a 
     study of the formula for the distribution of grants under 
     section 406 of the Federal Water Pollution Control Act (33 
     U.S.C. 1346) for the purpose of identifying potential 
     revisions of that formula.
       (b) Contents.--In conducting the study under this section, 
     the Administrator shall take into consideration--
       (1) the base cost to States of developing and maintaining 
     water quality monitoring and notification programs;
       (2) the varied beach monitoring and notification needs of 
     the States, including beach mileage, beach usage, and length 
     of beach season; and
       (3) other factors that the Administrator determines to be 
     appropriate.
       (c) Consultation.--In conducting the study under this 
     section, the Administrator shall consult with appropriate 
     Federal, State, and local agencies.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report describing the results of 
     the study under this section, including any recommendation 
     for revision of the distribution formula referred to in 
     subsection (a).

     SEC. 10305. IMPACT OF CLIMATE CHANGE ON POLLUTION OF COASTAL 
                   RECREATION WATERS.

       (a) Study.--The Administrator shall conduct a study on the 
     long-term impact of climate change on pollution of coastal 
     recreation waters.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the study conducted under 
     subsection (a).
       (2) Information on potential contaminant impacts.--The 
     report shall include information on potential contaminant 
     impacts on--
       (A) ground and surface water resources; and
       (B) public and ecosystem health in coastal communities.
       (3) Monitoring.--The report shall--
       (A) address monitoring required to document and assess 
     changing conditions of coastal water resources, recreational 
     waters, and ecosystems; and
       (B) review the current ability to assess and forecast 
     impacts associated with long-term climate change.
       (4) Federal actions.--The report shall highlight necessary 
     Federal actions to help advance the availability of 
     information and tools to assess and mitigate the impacts and 
     effects described in paragraphs (2) and (3) in order to 
     protect public and ecosystem health.
       (5) Consultation.--In developing the report, the 
     Administrator shall work in consultation with agencies active 
     in the development of the National Water Quality Monitoring 
     Network and the implementation of the Ocean Research 
     Priorities Plan and Implementation Strategy.

     SEC. 10306. IMPACT OF NUTRIENTS ON POLLUTION OF COASTAL 
                   RECREATION WATERS.

       (a) Study.--The Administrator shall conduct a study of 
     available scientific information relating to the impacts of 
     nutrient excesses and algal blooms on coastal recreation 
     waters.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the study conducted under 
     subsection (a).
       (2) Inclusions.--The report under paragraph (1) shall 
     include--
       (A) information regarding the impacts of nutrient excesses 
     and algal blooms on coastal recreation waters and coastal 
     communities; and
       (B) recommendations of the Administrator for actions to be 
     carried out by the Administrator to address those impacts, 
     including, if applicable, through the establishment of 
     numeric water quality criteria.
       (3) Consultation.--In developing the report under paragraph 
     (1), the Administrator shall work in consultation with the 
     heads of other appropriate Federal agencies (including the 
     National Oceanic and Atmospheric Administration), States, and 
     local governmental entities.

      Subtitle B--Chesapeake Bay Gateways and Watertrails Network

     SEC. 10311. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS NETWORK 
                   CONTINUING AUTHORIZATION.

       Section 502 of the Chesapeake Bay Initiative Act of 1998 
     (16 U.S.C. 461 note; Public Law 105-312) is amended by 
     striking subsection (c) and inserting the following:
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.

            Subtitle C--Water Resources Research Amendments

     SEC. 10321. WATER RESOURCES RESEARCH ACT AMENDMENTS.

       (a) Congressional Findings and Declarations.--Section 102 
     of the Water Resources Research Act of 1984 (42 U.S.C. 10301) 
     is amended--
       (1) by redesignating paragraphs (7) through (9) as 
     paragraphs (8) through (10), respectively;
       (2) in paragraph (8) (as so redesignated), by striking 
     ``and'' at the end; and
       (3) by inserting after paragraph (6) the following:
       ``(7) additional research is required into increasing the 
     effectiveness and efficiency of new and existing treatment 
     works through alternative approaches, including--
       ``(A) nonstructural alternatives;
       ``(B) decentralized approaches;
       ``(C) water use efficiency; and
       ``(D) actions to reduce energy consumption or extract 
     energy from wastewater;''.
       (b) Evaluation of Water Resources Research Program.--
     Section 104 of the Water Resources Research Act of 1984 (42 
     U.S.C. 10303) is amended by striking subsection (e) and 
     inserting the following:
       ``(e) Evaluation of Water Resources Research Program.--
       ``(1) In general.--The Secretary shall conduct a careful 
     and detailed evaluation of each institute at least once every 
     5 years to determine--
       ``(A) the quality and relevance of the water resources 
     research of the institute;
       ``(B) the effectiveness of the institute at producing 
     measured results and applied water supply research; and
       ``(C) whether the effectiveness of the institute as an 
     institution for planning, conducting, and arranging for 
     research warrants continued support under this section.
       ``(2) Prohibition on further support.--If, as a result of 
     an evaluation under paragraph (1), the Secretary determines 
     that an institute does not qualify for further support under 
     this section, no further grants to the institute may be 
     provided until the qualifications of the institute are 
     reestablished to the satisfaction of the Secretary.''.
       (c) Authorization of Appropriations.--Section 104(f)(1) of 
     the Water Resources Research Act of 1984 (42 U.S.C. 
     10303(f)(1)) is amended by striking ``for each of fiscal 
     years 2007 through 2011'' and inserting ``for each of fiscal 
     years 2012 through 2016''.
       (d) Additional Appropriations Where Research Focused on 
     Water Problems of Interstate Nature.--Section 104(g)(1) of 
     the Water Resources Research Act of 1984 (42 U.S.C. 
     10303(g)(1)) is amended by striking ``for each of fiscal 
     years 2007 through 2011'' and inserting ``for each of fiscal 
     years 2012 through 2016''.

[[Page 22690]]



               TITLE CIV--NATIONAL WOMEN'S HISTORY MUSEUM

     SEC. 10401. SHORT TITLE.

       This title may be cited as the ``National Women's History 
     Museum Act of 2010''.

     SEC. 10402. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) CERCLA.--The term ``CERCLA'' means the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       (3) Committees.--The term ``Committees'' means the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate.
       (4) Museum.--The term ``Museum'' means the National Women's 
     History Museum, Inc., a District of Columbia nonprofit 
     corporation exempt from taxation pursuant to section 
     501(c)(3) of the Internal Revenue Code of 1986.
       (5) Property.--The term ``Property'' means the property 
     located in the District of Columbia, subject to survey and as 
     determined by the Administrator, generally consisting of 
     Squares 325 and 326. The Property is generally bounded by 
     12th Street, Independence Avenue, C Street, and the James 
     Forrestal Building, all in Southwest Washington, District of 
     Columbia, and shall include all associated air rights, 
     improvements thereon, and appurtenances thereto.

     SEC. 10403. CONVEYANCE OF PROPERTY.

       (a) Authority To Convey.--
       (1) In general.--Subject to the requirements of this title, 
     the Administrator shall convey the Property to the Museum, on 
     such terms and conditions as the Administrator considers 
     reasonable and appropriate to protect the interests of the 
     United States and further the purposes of this title.
       (2) Agreement.--As soon as practicable, but not later than 
     180 days after the date of enactment of this title, the 
     Administrator shall enter into an agreement with the Museum 
     for the conveyance.
       (3) Terms and conditions.--The terms and conditions of the 
     agreement shall address, among other things, mitigation of 
     developmental impacts to existing Federal buildings and 
     structures, security concerns, and operational protocols for 
     development and use of the property.
       (b) Purchase Price.--
       (1) In general.--The purchase price for the Property shall 
     be its fair market value based on its highest and best use as 
     determined by an independent appraisal commissioned by the 
     Administrator and paid for by the Museum.
       (2) Selection of appraiser.--The appraisal shall be 
     performed by an appraiser mutually acceptable to the 
     Administrator and the Museum.
       (3) Terms and conditions for appraisal.--
       (A) In general.--Except as provided by subparagraph (B), 
     the assumptions, scope of work, and other terms and 
     conditions related to the appraisal assignment shall be 
     mutually acceptable to the Administrator and the Museum.
       (B) Required terms.--The appraisal shall assume that the 
     Property does not contain hazardous waste (as defined in 
     section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) 
     or hazardous substances (as defined in section 101 of CERCLA 
     (42 U.S.C. 9601) or other applicable environmental statutes) 
     which require response action (as defined in such sections).
       (c) Application of Proceeds.--The purchase price shall be 
     paid into the Federal Buildings Fund established under 
     section 592 of title 40, United States Code. Upon deposit, 
     the Administrator may expend, in amounts specified in 
     appropriations Acts, the proceeds from the conveyance for any 
     lawful purpose consistent with existing authorities granted 
     to the Administrator.
       (d) Quit Claim Deed.--The Property shall be conveyed 
     pursuant to a quit claim deed.
       (e) Use Restriction.--The Property shall be dedicated for 
     use as a site for a national women's history museum for the 
     99-year period beginning on the date of conveyance to the 
     Museum.
       (f) Reversion.--
       (1) Bases for reversion.--The Property shall revert to the 
     United States, at the option of the United States, without 
     any obligation for repayment by the United States of any 
     amount of the purchase price for the property, if--
       (A) the Property is not used as a site for a national 
     women's history museum at any time during the 99-year period 
     referred to in subsection (e); or
       (B) the Museum has not commenced construction of a museum 
     facility on the Property in the 5-year period beginning on 
     the date of enactment of this Act, other than for reasons 
     beyond the control of the Museum as reasonably determined by 
     the Administrator.
       (2) Enforcement.--The Administrator may perform any acts 
     necessary to enforce the reversionary rights provided in this 
     section.
       (3) Custody of property upon reversion.--If the Property 
     reverts to the United States pursuant to this section, such 
     property shall be under the custody and control of the 
     Administrator.
       (g) Closing.--The conveyance pursuant to this title shall 
     occur not later than 3 years after the date of enactment of 
     this Act. The Administrator may extend that period for such 
     time as is reasonably necessary for the Museum to perform its 
     obligations under section 10404(a).

     SEC. 10404. ENVIRONMENTAL MATTERS.

       (a) Authorization to Contract for Environmental Response 
     Actions.--The Administrator is authorized to contract with 
     the Museum or an affiliate thereof for the performance (on 
     behalf of the Administrator) of response actions on the 
     Property.
       (b) Crediting of Response Costs.--Any costs incurred with 
     the use of non-Federal funds by the Museum or an affiliate 
     thereof pursuant to subsection (a) shall be credited to the 
     purchase price for the Property.
       (c) No Effect on Compliance With Environmental Laws.--
     Nothing in this title, or any amendment made by this title, 
     affects or limits the application of or obligation to comply 
     with any environmental law, including section 120(h) of 
     CERCLA (42 U.S.C. 9620(h)).

     SEC. 10405. INCIDENTAL COSTS.

       Subject to section 10404, the Museum shall bear any and all 
     costs associated with complying with the provisions of this 
     title, including studies and reports, surveys, relocating 
     tenants, and mitigating impacts to existing Federal buildings 
     and structures resulting directly from the development of the 
     property by the Museum.

     SEC. 10406. LAND USE APPROVALS.

       (a) Existing Authorities.--Nothing in this title shall be 
     construed as limiting or affecting the authority or 
     responsibilities of the National Capital Planning Commission 
     or the Commission of Fine Arts.
       (b) Cooperation.--
       (1) Zoning and land use.--Subject to paragraph (2), the 
     Administrator shall reasonably cooperate with the Museum with 
     respect to any zoning or other land use matter relating to 
     development of the Property in accordance with this title. 
     Such cooperation shall include consenting to applications by 
     the Museum for applicable zoning and permitting with respect 
     to the property.
       (2) Limitations.--The Administrator shall not be required 
     to incur any costs with respect to cooperation under this 
     subsection and any consent provided under this subsection 
     shall be premised on the property being developed and 
     operated in accordance with this title.

     SEC. 10407. REPORTS.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter until the end of the 5-year 
     period following conveyance of the Property or until 
     substantial completion of the museum facility (whichever is 
     later), the Museum shall submit annual reports to the 
     Administrator and the Committees detailing the development 
     and construction activities of the Museum with respect to 
     this title.

                    DIVISION K--OCEANS AND FISHERIES

           TITLE CXI--PACIFIC SALMON STRONGHOLD CONSERVATION

     SEC. 11101. SHORT TITLE.

       This title may be cited as the ``Pacific Salmon Stronghold 
     Conservation Act of 2010''.

     SEC. 11102. FINDINGS; PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Several species of salmon native to the rivers of the 
     United States are highly migratory, interacting with salmon 
     originating from Canada, Japan, Russia, and South Korea and 
     spending portions of their life history outside of the 
     territorial waters of the United States. Recognition of the 
     migratory and transboundary nature of salmon species has led 
     countries of the North Pacific to seek enhanced coordination 
     and cooperation through multilateral and bilateral 
     agreements.
       (2) Salmon are a keystone species, sustaining more than 180 
     other species in freshwater and marine ecosystems. They are 
     also an indicator of ecosystem health and potential impacts 
     of climate change.
       (3) Salmon are a central part of the culture, economy, and 
     environment of Western North America.
       (4) Economic activities relating to salmon generate 
     billions of dollars of economic activity and provide 
     thousands of jobs.
       (5) During the anticipated rapid environmental change 
     during the period beginning on the date of the enactment of 
     this Act, maintaining key ecosystem processes and functions, 
     population abundance, and genetic integrity will be vital to 
     ensuring the health of salmon populations.
       (6) Salmon strongholds provide critical production zones 
     for commercial, recreational, and subsistence fisheries.
       (7) Taking into consideration the frequency with which 
     fisheries have collapsed during the period preceding the date 
     of the enactment of this Act, using scientific research to 
     correctly identify and conserve core centers of abundance, 
     productivity, and diversity is vital to sustain salmon 
     populations and fisheries in the future.
       (8) Measures being undertaken as of the date of the 
     enactment of this Act to recover threatened or endangered 
     salmon stocks, including Federal, State, and local programs 
     to restore salmon habitat, are vital. These

[[Page 22691]]

     measures will be complemented and enhanced by identifying and 
     sustaining core centers of abundance, productivity, and 
     diversity in the healthiest remaining salmon ecosystems 
     throughout the range of salmon species.
       (9) The effects of climate change are affecting salmon 
     habitat at all life history stages and future habitat 
     conservation must consider climate change projections to 
     safeguard natural systems under future climate conditions.
       (10) Greater coordination between public and private 
     entities can assist salmon strongholds by marshaling and 
     focusing resources on scientifically supported, high priority 
     conservation actions.
       (b) Purposes.--The purposes of this title are--
       (1) to expand Federal support and resources for the 
     protection and restoration of the healthiest remaining salmon 
     strongholds in North America to sustain core centers of 
     salmon abundance, productivity, and diversity in order to 
     ensure the long-term viability of salmon populations--
       (A) in the States of California, Idaho, Oregon, and 
     Washington, by focusing resources on cooperative, incentive-
     based efforts to conserve the roughly 20 percent of salmon 
     habitat that supports approximately two-thirds of salmon 
     abundance; and
       (B) in the State of Alaska, a regional stronghold that 
     produces more than one-third of all salmon, by increasing 
     resources available to public and private organizations 
     working cooperatively to conserve regional core centers of 
     salmon abundance and diversity;
       (2) to maintain and enhance economic benefits related to 
     fishing or associated with healthy salmon stronghold 
     habitats, including flood protection, recreation, water 
     quantity and quality, carbon sequestration, climate change 
     mitigation and adaptation, and other ecosystem services; and
       (3) to complement and add to existing Federal, State, and 
     local salmon recovery efforts by using sound science to 
     identify and sustain core centers of salmon abundance, 
     productivity, and diversity in the healthiest remaining 
     salmon ecosystems throughout their range.

     SEC. 11103. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Assistant Administrator for Fisheries Service of the National 
     Oceanic and Atmospheric Administration.
       (2) Board.--The term ``Board'' means the Salmon Stronghold 
     Partnership Board established under section 11104.
       (3) Charter.--The term ``charter'' means the charter of the 
     Board developed under section 11104(g).
       (4) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (5) Ecosystem services.--The term ``ecosystem services'' 
     means an ecological benefit generated from a healthy, 
     functioning ecosystem, including clean water, pollutant 
     filtration, regulation of river flow, prevention of soil 
     erosion, regulation of climate, and fish production.
       (6) Program.--Except as otherwise provided, the term 
     ``program'' means the salmon stronghold watershed grants and 
     technical assistance program established under section 
     11106(a).
       (7) Salmon.--The term ``salmon'' means any of the wild 
     anadromous Oncorhynchus species that occur in the Western 
     United States, including--
       (A) chum salmon (Oncorhynchus keta);
       (B) pink salmon (Oncorhynchus gorbuscha);
       (C) sockeye salmon (Oncorhynchus nerka);
       (D) chinook salmon (Oncorhynchus tshawytscha);
       (E) coho salmon (Oncorhynchus kisutch); and
       (F) steelhead trout (Oncorhynchus mykiss).
       (8) Salmon stronghold.--The term ``salmon stronghold'' 
     means all or part of a watershed or that meets biological 
     criteria for abundance, productivity, diversity (life history 
     and run timing), habitat quality, or other biological 
     attributes important to sustaining viable populations of 
     salmon throughout their range, as defined by the Board.
       (9) Salmon stronghold partnership.--The term ``Salmon 
     Stronghold Partnership'' means the Salmon Stronghold 
     Partnership established under section 11104(a)(1).
       (10) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Commerce.

     SEC. 11104. SALMON STRONGHOLD PARTNERSHIP.

       (a) In General.--
       (1) Establishment.--The Secretary shall establish a Salmon 
     Stronghold Partnership that is a cooperative, incentive-
     based, public-private partnership among appropriate Federal, 
     State, tribal, and local governments, private landowners, and 
     nongovernmental organizations working across political 
     boundaries, government jurisdictions, and land ownerships to 
     advise the Secretary on the identification and conservation 
     of salmon strongholds.
       (2) Membership.--To the extent possible, the membership of 
     the Salmon Stronghold Partnership shall include each entity 
     described under subsection (b).
       (3) Leadership.--The Salmon Stronghold Partnership shall be 
     managed by a Board established by the Secretary to be known 
     as the Salmon Stronghold Partnership Board.
       (b) Salmon Stronghold Partnership Board.--
       (1) In general.--The Board shall consist of representatives 
     with strong scientific or technical credentials and expertise 
     as follows:
       (A) One representative from each of--
       (i) the National Marine Fisheries Service, as appointed by 
     the Administrator;
       (ii) the United States Fish and Wildlife Service, as 
     appointed by the Director;
       (iii) the Forest Service, as appointed by the Chief of the 
     Forest Service;
       (iv) the Environmental Protection Agency, as appointed by 
     the Administrator of the Environmental Protection Agency;
       (v) the Bonneville Power Administration, as appointed by 
     the Administrator of the Bonneville Power Administration;
       (vi) the Bureau of Land Management, as appointed by the 
     Director of the Bureau of Land Management; and
       (vii) the Northwest Power and Conservation Council, as 
     appointed by the Northwest Power and Conservation Council.
       (B) One representative from the natural resources staff of 
     the office of the Governor or of an appropriate natural 
     resource agency of a State, as appointed by the Governor, 
     from each of the States of--
       (i) Alaska;
       (ii) California;
       (iii) Idaho;
       (iv) Oregon; and
       (v) Washington.
       (C) Not less than 3 and not more than 5 representatives 
     from Indian tribes or tribal commissions located within the 
     range of a salmon species, as appointed by such Indian tribes 
     or tribal commissions, in consultation with the Board.
       (D) One representative from each of 3 non-governmental 
     organizations with salmon conservation and management 
     expertise, as selected by the Board.
       (E) One national or regional representative from an 
     association of counties, as selected by the Board.
       (F) Representatives of other entities with significant 
     resources regionally dedicated to the protection of salmon 
     ecosystems that the Board determines are appropriate, as 
     selected by the Board.
       (2) Failure to appoint.--If a representative described in 
     subparagraph (B), (C), (D), (E), or (F) of paragraph (1) is 
     not appointed to the Board or otherwise fails to participate 
     in the Board, the Board shall carry out its functions until 
     such representative is appointed or joins in such 
     participation.
       (c) Meetings.--
       (1) Frequency.--Not less frequently than 3 times each year, 
     the Board shall meet to provide opportunities for input from 
     a broader set of stakeholders.
       (2) Notice.--Prior to each meeting, the Board shall give 
     timely notice of the meeting to the public, the government of 
     each county, and tribal government in which a salmon 
     stronghold is identified by the Board.
       (d) Board Consultation.--The Board shall seek expertise 
     from fisheries experts from agencies, colleges, or 
     universities, as appropriate.
       (e) Chairperson.--The Board shall nominate and select a 
     Chairperson from among the members of the Board.
       (f) Committees.--The Board--
       (1) shall establish a standing science advisory committee 
     to assist the Board in the development, collection, 
     evaluation, and peer review of statistical, biological, 
     economic, social, and other scientific information; and
       (2) may establish additional standing or ad hoc committees 
     as the Board determines are necessary.
       (g) Charter.--The Board shall develop a written charter 
     that--
       (1) provides for the members of the Board described in 
     subsection (b);
       (2) may be signed by a broad range of partners, to reflect 
     a shared understanding of the purposes, intent, and 
     governance framework of the Salmon Stronghold Partnership; 
     and
       (3) includes--
       (A) the defining criteria for a salmon stronghold;
       (B) the process for identifying salmon strongholds; and
       (C) the process for reviewing and awarding grants under the 
     program, including--
       (i) the number of years for which such a grant may be 
     awarded;
       (ii) the process for renewing such a grant;
       (iii) the eligibility requirements for such a grant;
       (iv) the reporting requirements for projects awarded such a 
     grant; and
       (v) the criteria for evaluating the success of a project 
     carried out with such a grant.
       (h) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Board.

     SEC. 11105. INFORMATION AND ASSESSMENT.

       The Administrator shall carry out specific information and 
     assessment functions associated with salmon strongholds, in 
     coordination with other regional salmon efforts, including--
       (1) triennial assessment of status and trends in salmon 
     strongholds;

[[Page 22692]]

       (2) geographic information system and mapping support to 
     facilitate conservation planning;
       (3) projections of climate change impacts on all habitats 
     and life history stages of salmon;
       (4) development and application of models and other tools 
     to identify salmon conservation actions projected to have the 
     greatest positive impacts on salmon abundance, productivity, 
     or diversity within salmon strongholds; and
       (5) measurement of the effectiveness of the Salmon 
     Stronghold Partnership activities.

     SEC. 11106. SALMON STRONGHOLD WATERSHED GRANTS AND TECHNICAL 
                   ASSISTANCE PROGRAM.

       (a) In General.--The Administrator, in consultation with 
     the Director, shall establish a salmon stronghold watershed 
     grants and technical assistance program, as described in this 
     section.
       (b) Purpose.--The purpose of the program shall be to 
     support salmon stronghold protection and restoration 
     activities, including--
       (1) to fund the administration of the Salmon Stronghold 
     Partnership in carrying out the charter;
       (2) to encourage cooperation among the entities represented 
     on the Board, local authorities, and private entities to 
     establish a network of salmon strongholds, and assist locally 
     in specific actions that support the Salmon Stronghold 
     Partnership;
       (3) to support entities represented on the Board--
       (A) to develop strategies focusing on salmon conservation 
     actions projected to have the greatest positive impacts on 
     abundance, productivity, or diversity in salmon strongholds; 
     and
       (B) to provide financial assistance to the Salmon 
     Stronghold Partnership to increase local economic 
     opportunities and resources for actions or practices that 
     provide long-term or permanent conservation and that maintain 
     key ecosystem services in salmon strongholds, including--
       (i) payments for ecosystem services; and
       (ii) demonstration projects designed for specific salmon 
     strongholds;
       (4) to maintain a forum to share best practices and 
     approaches, employ consistent and comparable metrics, 
     forecast and address climate impacts, and monitor, evaluate, 
     and report regional status and trends of salmon ecosystems in 
     coordination with related regional and State efforts;
       (5) to carry out activities and existing conservation 
     programs in, and across, salmon strongholds on a regional 
     scale to achieve the goals of the Salmon Stronghold 
     Partnership;
       (6) to accelerate the implementation of recovery plans in 
     salmon strongholds that have salmon populations listed as 
     threatened or endangered under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.);
       (7) to develop and make information available to the public 
     pertaining to the Salmon Stronghold Partnership; and
       (8) to conduct education outreach to the public, in 
     coordination with other programs, to encourage increased 
     stewardship of salmon strongholds.
       (c) Selection.--Projects that will be carried out with 
     assistance from the program shall be selected and 
     administered as follows:
       (1) Site-based projects.--A project that will be carried 
     out with assistance from the program within 1 State shall be 
     selected as follows:
       (A) State selection.--If a State has a competitive grant 
     process relating to salmon conservation in effect as of the 
     date of the enactment of this Act and has a proven record of 
     implementing an efficient, cost-effective, and competitive 
     grant program for salmon conservation or has a viable plan to 
     provide accountability under the program--
       (i) the National Fish and Wildlife Foundation, in 
     consultation with the Board, shall provide program funds to 
     the State; and
       (ii) the State shall select and administer projects to be 
     carried out in such State, in consideration of criteria 
     developed pursuant to subsection (d).
       (B) National fish and wildlife foundation selection.--If a 
     State does not meet the criteria described in subparagraph 
     (A)--
       (i) the Administrator, in consultation with the Director, 
     shall provide funds to the National Fish and Wildlife 
     Foundation; and
       (ii) the National Fish and Wildlife Foundation, in 
     consultation with the Board, shall select and administer 
     projects to be carried out in such State, in consideration of 
     criteria developed pursuant to subsection (d).
       (2) Multisite and programmatic initiatives.--For a project 
     that will be carried out with assistance from the program in 
     more than 1 State or that is a programmatic initiative that 
     affects more than 1 State--
       (A) the Administrator, in consultation with the Director, 
     shall provide funds to the National Fish and Wildlife 
     Foundation; and
       (B) the National Fish and Wildlife Foundation, in 
     consultation with the Board, shall select and administer such 
     projects to be carried out, in consideration of criteria 
     developed pursuant to subsection (d).
       (d) Criteria for Approval.--
       (1) Criteria developed by the board.--
       (A) Requirement to develop.--The Board shall develop and 
     provide advisory criteria for the prioritization of projects 
     funded under the program in a manner that enables projects to 
     be individually ranked in sequential order by the magnitude 
     of the project's positive impacts on salmon abundance, 
     productivity, or diversity.
       (B) Specific requirements.--The criteria required by 
     subparagraph (A) shall require that a project that receives 
     assistance under the program--
       (i) contributes to the conservation of salmon;
       (ii) meets the criteria for eligibility established in the 
     charter;
       (iii)(I) addresses a factor limiting or threatening to 
     limit abundance, productivity, diversity, habitat quality, or 
     other biological attributes important to sustaining viable 
     salmon populations within a salmon stronghold; or
       (II) is a programmatic action that supports the Salmon 
     Stronghold Partnership;
       (iv) addresses limiting factors to healthy ecosystem 
     processes or sustainable fisheries management;
       (v) has the potential for conservation benefits and broadly 
     applicable results; and
       (vi) meets the requirements for--

       (I) cost sharing described in subsection (e); and
       (II) the limitation on administrative expenses described in 
     subsection (f).

       (C) Schedule for development.--The Board shall--
       (i) develop and provide the criteria required by 
     subparagraph (A) prior to the initial solicitation of 
     projects under the program; and
       (ii) revise such criteria not less often than once each 
     year.
       (e) Cost Sharing.--
       (1) Federal share.--
       (A) Non-federal land.--For any fiscal year, the Federal 
     share of the cost of a project that receives assistance under 
     the program and that is carried out on land that is not owned 
     by the United States shall not exceed 50 percent of the total 
     cost of the project.
       (B) Federal land.--For any fiscal year, the Federal share 
     of the cost of a project that receives assistance under the 
     program and that is carried out on land that is owned by the 
     United States, including the acquisition of inholdings, may 
     be up to 100 percent of the total cost of the project.
       (2) Non-federal share.--
       (A) In general.--Subject to subparagraph (B), the non-
     Federal share of the cost of a project that receives 
     assistance under the program may not be derived from Federal 
     grant programs, but may include in-kind contributions.
       (B) Bonneville power administration.--Any amounts provided 
     by the Bonneville Power Administration directly or through a 
     grant to another entity used to carry out a project that 
     receives assistance under the program shall be credited 
     toward the non-Federal share of the cost of the project.
       (f) Administrative Expenses.--Of the amount available to a 
     State or the National Fish and Wildlife Foundation under the 
     program for each fiscal year, such State and the National 
     Fish and Wildlife Foundation shall not expend more than 5 
     percent of such amount for administrative and reporting 
     expenses necessary to carry out this section.
       (g) Reports.--
       (1) Reports to states or nfwf.--Each person who receives 
     assistance through a State or the National Fish and Wildlife 
     Foundation under the program for a project shall provide 
     periodic reports to the State or the National Fish and 
     Wildlife Foundation, as appropriate, that includes the 
     information required by the State or the National Fish and 
     Wildlife Foundation to evaluate the progress and success of 
     the project.
       (2) Reports to the administrator.--Not less frequently than 
     once every 3 years, each State that is provided program funds 
     under subsection (c)(1)(A) and the National Fish and Wildlife 
     Foundation shall provide reports to the Administrator that 
     include the information required by the Administrator to 
     evaluate the implementation of the program.

     SEC. 11107. INTERAGENCY COOPERATION.

       The head of each Federal agency or department responsible 
     for acquiring, managing, or disposing of Federal land that is 
     within a salmon stronghold shall, to the extent consistent 
     with the mission of the agency or department and existing 
     law, cooperate with the Administrator and the Director--
       (1) to conserve the salmon strongholds; and
       (2) to effectively coordinate and streamline Salmon 
     Stronghold Partnership activities and delivery of 
     overlapping, incentive-based programs that affect the salmon 
     stronghold.

     SEC. 11108. INTERNATIONAL COOPERATION.

       (a) Authority To Cooperate.--The Administrator and the 
     Board may share status and trends data, innovative 
     conservation strategies, conservation planning methodologies, 
     and other information with North Pacific countries, including 
     Canada, Japan, Russia, and South Korea, and appropriate 
     international entities to promote conservation of salmon and 
     salmon habitat.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Administrator and the Board, or entities that are members 
     of the Board, should and are encouraged to provide

[[Page 22693]]

     information to North Pacific countries, including Canada, 
     Japan, Russia, and South Korea, and appropriate international 
     entities to support the development of a network of salmon 
     strongholds across the nations of the North Pacific.

     SEC. 11109. ACQUISITION AND TRANSFER OF REAL PROPERTY 
                   INTERESTS.

       (a) Use of Real Property.--No project that will result in 
     the acquisition by the Secretary or the Secretary of the 
     Interior of any land or interest in land, in whole or in 
     part, may receive funds under this title unless the project 
     is consistent with the purposes of this title.
       (b) Private Property Protection.--No Federal funds made 
     available to carry out this title may be used to acquire any 
     real property or any interest in any real property without 
     the written consent of the 1 or more owners of the property 
     or interest in property.
       (c) Transfer of Real Property.--No land or interest in 
     land, acquired in whole or in part by the Secretary of the 
     Interior with Federal funds made available under this title 
     to carry out a salmon stronghold conservation project may be 
     transferred to a State, other public agency, or other entity 
     unless--
       (1) the Secretary of the Interior determines that the 
     State, agency, or entity is committed to manage, in 
     accordance with this title and the purposes of this title, 
     the property being transferred; and
       (2) the deed or other instrument of transfer contains 
     provisions for the reversion of the title to the property to 
     the United States if the State, agency, or entity fails to 
     manage the property in accordance with this title and the 
     purposes of this title.
       (d) Requirement.--Any real property interest conveyed under 
     subsection (c) shall be subject to such terms and conditions 
     as will ensure, to the maximum extent practicable, that the 
     interest will be administered in accordance with this title 
     and the purposes of this title.

     SEC. 11110. ADMINISTRATIVE PROVISIONS.

       (a) Contracts, Grants, and Transfers of Funds.--In carrying 
     out this title, the Secretary may--
       (1) after consideration of a recommendation of the Board 
     and notwithstanding sections 6304 and 6305 of title 31, 
     United States Code, and the Federal Financial Assistance 
     Management Improvement Act of 1999 (Public Law 106-107; 31 
     U.S.C. 6101 note), enter into cooperative agreements, 
     contracts, and grants;
       (2) notwithstanding any other provision of law, apply for, 
     accept, and use grants from any person to carry out the 
     purposes of this title; and
       (3) make funds available to any Federal agency or 
     department to be used by the agency or department to award 
     financial assistance for any salmon stronghold protection, 
     restoration, or enhancement project that the Secretary 
     determines to be consistent with this title.
       (b) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 to 
     authorize the organization to carry out activities under this 
     title; and
       (B) accept donations of funds or services for use in 
     carrying out this title.
       (2) Property.--The Secretary of the Interior may accept 
     donations of property for use in carrying out this title.
       (3) Use of donations.--Donations accepted under this 
     section--
       (A) shall be considered to be gifts or bequests to, or for 
     the use of, the United States; and
       (B) may be used directly by the Secretary (or, in the case 
     of donated property under paragraph (2), the Secretary of the 
     Interior) or provided to other Federal agencies or 
     departments through interagency agreements.
       (c) Interagency Financing.--The Secretary may participate 
     in interagency financing, including receiving appropriated 
     funds from other agencies or departments to carry out this 
     title.
       (d) Staff.--Subject to the availability of appropriations, 
     the Administrator may hire such additional full-time 
     employees as are necessary to carry out this title.

     SEC. 11111. LIMITATIONS.

       Nothing in this title may be construed--
       (1) to create a reserved water right, express or implied, 
     in the United States for any purpose, or affect the 
     management or priority of water rights under State law;
       (2) to affect existing water rights under Federal or State 
     law;
       (3) to affect any Federal or State law in existence on the 
     date of the enactment of this Act regarding water quality or 
     water quantity;
       (4) to affect the authority, jurisdiction, or 
     responsibility of any agency or department of the United 
     States or of a State to manage, control, or regulate fish and 
     resident wildlife under a Federal or State law or regulation;
       (5) to authorize the Secretary or the Secretary of the 
     Interior to control or regulate hunting or fishing under 
     State law;
       (6) to abrogate, abridge, affect, modify, supersede, or 
     otherwise alter any right of a federally recognized Indian 
     tribe under any applicable Federal or tribal law or 
     regulation; or
       (7) to diminish or affect the ability of the Secretary or 
     the Secretary of the Interior to join the adjudication of 
     rights to the use of water pursuant to subsections (a), (b), 
     or (c) of section 208 of the Department of Justice 
     Appropriation Act, 1953 (43 U.S.C. 666).

     SEC. 11112. REPORTS TO CONGRESS.

       Not less frequently than once every 3 years, the 
     Administrator, in consultation with the Director, shall 
     submit to Congress a report describing the activities carried 
     out under this title, including the recommendations of the 
     Administrator, if any, for legislation relating to the Salmon 
     Stronghold Partnership.

     SEC. 11113. AUTHORIZATION OF APPROPRIATIONS.

       (a) Grants.--
       (1) In general.--There is authorized to be appropriated to 
     the Administrator, to be distributed by the National Fish and 
     Wildlife Foundation as a fiscal agent, to provide grants 
     under the program, $30,000,000 for each of fiscal years 2011 
     through 2015.
       (2) Board.--The National Fish and Wildlife Foundation 
     shall, from the amount appropriated pursuant to the 
     authorization of appropriations in paragraph (1), make 
     available sufficient funds to the Board to carry out its 
     duties under this title.
       (b) Technical Assistance.--For each of fiscal years 2011 
     through 2015, there is authorized to be appropriated to the 
     Administrator $300,000 to provide technical assistance under 
     the program and to carry out section 11105.
       (c) Availability of Funds.--Amounts appropriated pursuant 
     to an authorization of appropriations in this section are 
     authorized to remain available until expended.

                     TITLE CXII--SHARK CONSERVATION

     SEC. 11201. SHORT TITLE.

       This title may be cited as the ``Shark Conservation Act of 
     2010''.

     SEC. 11202. AMENDMENT OF HIGH SEAS DRIFTNET FISHING 
                   MORATORIUM PROTECTION ACT.

       (a) Actions to Strengthen International Fishery Management 
     Organizations.--Section 608 of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826i) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking ``and'' at the end;
       (B) in subparagraph (E), by inserting ``and'' after the 
     semicolon; and
       (C) by adding at the end the following:
       ``(F) to adopt shark conservation measures, including 
     measures to prohibit removal of any of the fins of a shark 
     (including the tail) and discarding the carcass of the shark 
     at sea;'';
       (2) in paragraph (2), by striking ``and'' at the end;
       (3) by redesignating paragraph (3) as paragraph (4); and
       (4) by inserting after paragraph (2) the following:
       ``(3) seeking to enter into international agreements that 
     require measures for the conservation of sharks, including 
     measures to prohibit removal of any of the fins of a shark 
     (including the tail) and discarding the carcass of the shark 
     at sea, that are comparable to those of the United States, 
     taking into account different conditions; and''.
       (b) Illegal, Unreported, or Unregulated Fishing.--
     Subparagraph (A) of section 609(e)(3) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(e)(3)) is amended--
       (1) by striking the ``and'' before ``bycatch reduction 
     requirements''; and
       (2) by striking the semicolon at the end and inserting ``, 
     and shark conservation measures;''.
       (c) Equivalent Conservation Measures.--
       (1) Identification.--Subsection (a) of section 610 of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826k) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``607, a nation if--'' and inserting ``607--'';
       (B) in paragraph (1)--
       (i) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively; and
       (ii) by moving clauses (i) and (ii) (as so redesignated) 2 
     ems to the right;
       (C) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (D) by moving subparagraphs (A) through (C) (as so 
     redesignated) 2 ems to the right;
       (E) by inserting before subparagraph (A) (as so 
     redesignated) the following:
       ``(1) a nation if--'';
       (F) in subparagraph (C) (as so redesignated) by striking 
     the period at the end and inserting ``; and''; and
       (G) by adding at the end the following:
       ``(2) a nation if--
       ``(A) fishing vessels of that nation are engaged, or have 
     been engaged during the preceding calendar year, in fishing 
     activities or practices in waters beyond any national 
     jurisdiction that target or incidentally catch sharks; and
       ``(B) the nation has not adopted a regulatory program to 
     provide for the conservation of sharks, including measures to 
     prohibit removal of any of the fins of a shark (including the 
     tail) and discarding the carcass of the shark at sea, that is 
     comparable

[[Page 22694]]

     to that of the United States, taking into account different 
     conditions.''.
       (2) Initial identifications.--The Secretary of Commerce 
     shall begin making identifications under paragraph (2) of 
     section 610(a) of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826k(a)), as added by paragraph 
     (1)(G), not later than 1 year after the date of the enactment 
     of this Act.

     SEC. 11203. AMENDMENT OF MAGNUSON-STEVENS FISHERY 
                   CONSERVATION AND MANAGEMENT ACT.

       Paragraph (1) of section 307 of Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1857) is amended--
       (1) by amending subparagraph (P) to read as follows:
       ``(P)(i) to remove any of the fins of a shark (including 
     the tail) at sea;
       ``(ii) to have custody, control, or possession of any such 
     fin aboard a fishing vessel unless it is naturally attached 
     to the corresponding carcass;
       ``(iii) to transfer any such fin from one vessel to another 
     vessel at sea, or to receive any such fin in such transfer, 
     without the fin naturally attached to the corresponding 
     carcass; or
       ``(iv) to land any such fin that is not naturally attached 
     to the corresponding carcass, or to land any shark carcass 
     without such fins naturally attached;''; and
       (2) by striking the matter following subparagraph (R) and 
     inserting the following:
       ``For purposes of subparagraph (P), there shall be a 
     rebuttable presumption that if any shark fin (including the 
     tail) is found aboard a vessel, other than a fishing vessel, 
     without being naturally attached to the corresponding 
     carcass, such fin was transferred in violation of 
     subparagraph (P)(iii) or that if, after landing, the total 
     weight of shark fins (including the tail) landed from any 
     vessel exceeds 5 percent of the total weight of shark 
     carcasses landed, such fins were taken, held, or landed in 
     violation of subparagraph (P). In such subparagraph, the term 
     `naturally attached', with respect to a shark fin, means 
     attached to the corresponding shark carcass through some 
     portion of uncut skin.''.

              TITLE CXIII--MARINE MAMMAL RESCUE ASSISTANCE

     SEC. 11301. SHORT TITLE.

       This title may be cited as the ``Marine Mammal Rescue 
     Assistance Amendments of 2010''.

     SEC. 11302. STRANDING AND ENTANGLEMENT RESPONSE.

       (a) Collection and Updating of Information.--Section 
     402(b)(1)(A) of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1421a(b)(1)(A)) is amended by inserting ``or 
     entangled'' after ``stranded''.
       (b) Entanglement Response Agreements.--
       (1) In general.--Section 403 of that Act (16 U.S.C. 1421b) 
     is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'';

       and
       (B) by striking ``stranding.'' in subsection (a) and 
     inserting ``stranding or entanglement.''.
       (2) Clerical amendment.--The table of contents for title IV 
     of that Act is amended by striking the item relating to 
     section 403 and inserting the following:

``Sec. 403. Stranding or entanglement response agreements.''.
       (c) Liability.--Section 406(a) of such Act (16 U.S.C. 
     1421e(a)) is amended by inserting ``or entanglement'' after 
     ``stranding''.
       (d) Entanglement Defined.--
       (1) In general.--Section 410 of such Act (16 U.S.C. 1421h) 
     is amended--
       (A) by redesignating paragraphs (1) through (6) as 
     paragraphs (2) through (7), respectively; and
       (B) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) The term `entanglement' means an event in the wild in 
     which a living or dead marine mammal has gear, rope, line, 
     net, or other material wrapped around or attached to it and 
     is--
       ``(A) on a beach or shore of the United States; or
       ``(B) in waters under the jurisdiction of the United 
     States.''.
       (2) Conforming amendment.--Section 408(a)(2)(B)(i) of such 
     Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking 
     ``section 410(6)'' and inserting ``section 410(7)''.
       (e) Unusual Mortality Event Funding.--Section 405 of such 
     Act (16 U.S.C. 1421d) is amended--
       (1) by striking ``to compensate persons for special costs'' 
     in subsection (b)(1)(A)(i) and inserting ``to make advance, 
     partial, or progress payments under contracts or other 
     funding mechanisms for property, supplies, salaries, 
     services, and travel costs'';
       (2) by striking ``preparing and transporting'' in 
     subsection (b)(1)(A)(ii) and inserting ``the preparation, 
     analysis, and transportation of'';
       (3) by striking ``event for'' in subsection (b)(1)(A)(ii) 
     and inserting ``event, including such transportation for'';
       (4) by striking ``and'' after the semicolon in subsection 
     (c)(2);
       (5) by striking ``subsection (d).'' in subsection (c)(3) 
     and inserting ``subsection (d); and''; and
       (6) by adding at the end of subsection (c) the following:
       ``(4) up to $500,000 per fiscal year (as determined by the 
     Secretary) from amounts appropriated to the Secretary for 
     carrying out this title and the other titles of this Act.''.
       (f) John H. Prescott Marine Mammal Rescue and Response 
     Funding Program.--
       (1) Authorization of appropriations.--Section 408(h) of 
     such Act (16 U.S.C. 1421f-1(h)) is amended to read as 
     follows:
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section, other than subsection (a)(3), 
     $7,000,000 for each of fiscal years 2011 through 2015, to 
     remain available until expended, of which--
       ``(A) $6,000,000 may be available to the Secretary of 
     Commerce; and
       ``(B) $1,000,000 may be available to the Secretary of the 
     Interior.
       ``(2) Rapid response fund.--There are authorized to be 
     appropriated to the John H. Prescott Marine Mammal Rescue and 
     Rapid Response Fund established by subsection (a)(3), 
     $500,000 for each of fiscal years 2011 through 2015.
       ``(3) Additional rapid response funds.--There shall be 
     deposited into the Fund established by subsection (a)(3) up 
     to $500,000 per fiscal year (as determined by the Secretary) 
     from amounts appropriated to the Secretary for carrying out 
     this title and the other titles of this Act.''.
       (2) Administrative costs and expenses.--Section 408(f) of 
     such Act (16 U.S.C. 1421f-1(f)) is amended to read as 
     follows:
       ``(f) Administrative Costs and Expenses.--Of the amounts 
     available each fiscal year to carry out this section, the 
     Secretary may expend not more than 6 percent or $120,000, 
     whichever is greater, to pay the administrative costs and 
     administrative expenses to implement the program under 
     subsection (a). Any such funds retained by the Secretary for 
     a fiscal year for such costs and expenses that are not used 
     for such costs and expenses before the end of the fiscal year 
     shall be provided under subsection (a).''.
       (3) Emergency assistance.--Section 408 of such Act (16 
     U.S.C. 1421f-1) is amended--
       (A) in subsection (a)--
       (i) by striking the material preceding paragraph (2) and 
     inserting the following:
       ``(a) In General.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary shall conduct a program to be 
     known as the John H. Prescott Marine Mammal Rescue and 
     Response Funding Program, to provide for the recovery or 
     treatment of marine mammals, the collection of data from 
     living or dead stranded or entangled marine mammals for 
     scientific research regarding marine mammal health, facility 
     operation costs that are directly related to those purposes, 
     and stranding or entangling events requiring emergency 
     assistance. All funds available to implement this section 
     shall be distributed to eligible stranding network 
     participants for the purposes set forth in this paragraph and 
     paragraph (2), except as provided in subsection (f).'';
       (ii) by redesignating paragraph (2) as paragraph (4) and 
     inserting after paragraph (1) the following:
       ``(2) Contract authority.--To carry out the activities set 
     out in paragraph (1), the Secretary may enter into grants, 
     cooperative agreements, contracts, or such other agreements 
     or arrangements as the Secretary deems appropriate.
       ``(3) Prescott rapid response fund.--There is established 
     in the Treasury an interest bearing fund to be known as the 
     `John H. Prescott Marine Mammal Rescue and Rapid Response 
     Fund', which shall consist of a portion of amounts deposited 
     into the Fund under subsection (h) or received as 
     contributions under subsection (i), and which shall remain 
     available until expended without regard to any statutory or 
     regulatory provision related to the negotiation, award, or 
     administration of any grants, cooperative agreements, and 
     contracts.''; and
       (iii) in paragraph (4)(A), as redesignated by clause (ii)--

       (I) by striking ``designated as of the date of the 
     enactment of the Marine Mammal Rescue Assistance Act of 2000, 
     and in making such grants'' and inserting ``as defined in 
     subsection (g). The Secretary''; and
       (II) by striking ``subregions.'' and inserting ``subregions 
     where such facilities exist.'';

       (B) by striking subsections (d) and (e) and inserting the 
     following:
       ``(d) Limitation.--
       ``(1) In general.--Support for an individual project under 
     this section may not exceed $200,000 for any 12-month period.
       ``(2) Unexpended funds.--Amounts provided as support for an 
     individual project under this section that are unexpended or 
     unobligated at the end of such period--
       ``(A) shall remain available until expended; and
       ``(B) shall not be taken into account in any other 12-month 
     period for purposes of paragraph (1).
       ``(e) Matching Requirement.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     non-Federal share of the costs of an activity conducted with 
     funds under this section shall be 25 percent of such Federal 
     costs.

[[Page 22695]]

       ``(2) Waiver.--The Secretary shall waive the requirements 
     of paragraph (1) with respect to an activity conducted with 
     emergency funds disbursed from the Fund established by 
     subsection (a)(3).
       ``(3) In-kind contributions.--The Secretary may apply to 
     the non-Federal share of an activity conducted with a grant 
     under this section the amount of funds, and the fair market 
     value of property and services, provided by non-Federal 
     sources and used for the activity.''; and
       (C) in subsection (g), by redesignating paragraph (2) as 
     paragraph (3) and inserting after paragraph (1) the 
     following:
       ``(2) Emergency assistance.--The term `emergency 
     assistance' means assistance provided for a stranding or 
     entangling event--
       ``(A) that--
       ``(i) is not an unusual mortality event as defined in 
     section 409(7);
       ``(ii) leads to an immediate increase in required costs for 
     stranding or entangling response, recovery, or rehabilitation 
     in excess of regularly scheduled costs;
       ``(iii) may be cyclical or endemic; and
       ``(iv) may involve out-of-habitat animals; or
       ``(B) is found by the Secretary to qualify for emergency 
     assistance.''.
       (4) Contributions.--Section 408 of such Act (16 U.S.C. 
     1421f-1) is amended by adding at the end the following:
       ``(i) Contributions.--For purposes of carrying out this 
     section, the Secretary may solicit, accept, receive, hold, 
     administer, and use gifts, devises, and bequests without any 
     further approval or administrative action.''.
       (5) Prescott rescue and rapid response fund defined.--
       (A) In general.--Section 410 of such Act (16 U.S.C. 1421h), 
     as amended by subsection (d)(1) of this section, is further 
     amended--
       (i) by redesignating paragraphs (4) through (7) as 
     paragraphs (5) through (8), respectively; and
       (ii) by inserting after paragraph (3) the following:
       ``(4) The term `Prescott Rescue and Response Fund' means 
     the John H. Prescott Marine Mammal Rescue and Response Fund 
     established by section 408(a).''.
       (B) Conforming amendment.--Section 408(a)(2)(B)(i) of such 
     Act (16 U.S.C. 1421f-1(a)(2)(B)(i)), as amended by subsection 
     (d)(2) of this section, is further amended by striking 
     ``section 410(7)'' and inserting ``section 410(8)''.
       (6) Conforming amendment.--The section heading for section 
     408 is amended to read as follows:

     ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND 
                   RESPONSE FUNDING PROGRAM.''.

       (g) Authorization of Appropriations for Marine Mammal 
     Unusual Mortality Event Fund.--Section 409 of such Act (16 
     U.S.C. 1421g) is amended--
       (1) by striking ``1993 and 1994;'' in paragraph (1) and 
     inserting ``2011 through 2015;'';
       (2) by striking ``1993 and 1994;'' in paragraph (2) and 
     inserting ``2011 through 2015;''; and
       (3) by striking ``fiscal year 1993.'' in paragraph (3) and 
     inserting ``each of fiscal years 2011 through 2015.''.

          TITLE CXIV--SOUTHERN SEA OTTER RECOVERY AND RESEARCH

     SEC. 11401. SHORT TITLE.

       This title may be cited as the ``Southern Sea Otter 
     Recovery and Research Act''.

     SEC. 11402. DEFINITIONS.

       In this title:
       (1) Recovery and research program.--The term ``recovery and 
     research program'' means the southern sea otter recovery and 
     research program carried out under section 11403(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Fish and Wildlife Service and the Director of the 
     United States Geological Survey.

     SEC. 11403. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM.

       (a) Program.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of the Interior, 
     acting through the United States Fish and Wildlife Service 
     and the United States Geological Survey, shall carry out a 
     recovery and research program for southern sea otter 
     populations along the coast of California, informed by--
       (A) the prioritized research recommendations of the Final 
     Revised Recovery Plan for the southern sea otter (Enhydra 
     lutris nereis) published by the United States Fish and 
     Wildlife Service and dated February 24, 2003;
       (B) the Research Plan for California Sea Otter Recovery 
     issued by the United States Fish and Wildlife Service 
     Southern Sea Otter Recovery Implementation Team and dated 
     March 2, 2007; and
       (C) any other recovery, research, or conservation plan 
     adopted by the United States Fish and Wildlife Service after 
     the date of the enactment of this Act in accordance with 
     otherwise applicable law.
       (2) Requirements.--The recovery and research program shall 
     include--
       (A) monitoring, analysis, and assessment of southern sea 
     otter population demographics, health, causes of mortality, 
     and life history parameters, including range-wide population 
     surveys; and
       (B) development and implementation of measures to reduce or 
     eliminate potential factors limiting southern sea otter 
     populations that relate to marine ecosystem health or human 
     activities.
       (b) Appointment of Recovery Implementation Team.--Not later 
     than 1 year after the commencement of the recovery and 
     research program under subsection (a), the Secretary shall 
     appoint persons to a southern sea otter recovery 
     implementation team as authorized in accordance with section 
     4(f)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
     1533(f)(2)).
       (c) Southern Sea Otter Research and Recovery Grants.--
       (1) Grant authority.--The Secretary shall establish a peer-
     reviewed, merit-based process to award competitive grants for 
     research regarding southern sea otters and for projects 
     assisting the recovery of southern sea otter populations.
       (2) Peer review panel.--The Secretary shall establish as 
     necessary a peer review panel to provide scientific advice 
     and guidance to prioritize proposals for grants under this 
     subsection.
       (3) Research grant subjects.--Research funded with grants 
     under this subsection--
       (A) shall be in accordance with the research 
     recommendations of any plan referred to in subsection (a); 
     and
       (B) may include research on topics such as--
       (i) causes of sea otter mortality;
       (ii) southern sea otter demographics and natural history;
       (iii) effects and sources of poor water quality on southern 
     sea otters (including pollutants, nutrients, and toxicants) 
     and mechanisms for addressing those effects and sources;
       (iv) effects and sources of infectious diseases and 
     parasites affecting southern sea otters;
       (v) limitations on the availability of food resources for 
     southern sea otters and the impacts of food limitation on 
     southern sea otter carrying capacity;
       (vi) interactions between southern sea otters and coastal 
     fisheries and other human activities in the marine 
     environment;
       (vii) assessment of the keystone ecological role of sea 
     otters in coastal marine ecosystems of southern and central 
     California, including the direct and indirect effects of sea 
     otter predation, especially as those effects influence human 
     welfare, resource use, and ecosystem services; and
       (viii) assessment of the adequacy of emergency response and 
     contingency plans.
       (4) Recovery project subjects.--Recovery projects funded 
     with grants under this subsection--
       (A) shall be conducted in accordance with recovery 
     recommendations of any plan referred to in subsection (a) and 
     the findings of the research conducted under this section; 
     and
       (B) may include projects--
       (i) to protect and recover southern sea otters;
       (ii) to reduce, mitigate, or eliminate potential factors 
     limiting southern sea otter populations that are related to 
     human activities, including projects--

       (I) to reduce, mitigate, or eliminate factors contributing 
     to mortality, adversely affecting health, or restricting 
     distribution and abundance; and
       (II) to reduce, mitigate, or eliminate factors that harm or 
     reduce the quality of southern sea otter habitat or the 
     health of coastal marine ecosystems; and

       (iii) to implement emergency response and contingency 
     plans.
       (d) Report.--The Secretary shall--
       (1) not later than 1 year after the date of the enactment 
     of this Act, submit to Congress a report on--
       (A) the status of southern sea otter populations;
       (B) implementation of the recovery and research program and 
     the grant program under this title; and
       (C) any relevant formal consultations conducted during the 
     2 years preceding the date of the enactment of this Act, and 
     any other consultations the Secretary determines to be 
     relevant, under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536) with respect to the southern sea otter; 
     and
       (2) not later than 2 years after the date of the enactment 
     of this Act and every 5 years thereafter, and in consultation 
     with a southern sea otter recovery implementation team that 
     is otherwise being used by the Secretary under section 4(f) 
     of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)), 
     submit to Congress and make available to the public a report 
     that includes--
       (A) an evaluation of--
       (i) southern sea otter health;
       (ii) causes of southern sea otter mortality; and
       (iii) the interactions of southern sea otters with the 
     coastal marine ecosystems of California;
       (B) an evaluation of actions taken--
       (i) to improve southern sea otter health;
       (ii) to reduce southern sea otter mortality; and
       (iii) to improve southern sea otter habitat;
       (C) recommendations for actions that may be taken pursuant 
     to all applicable law--

[[Page 22696]]

       (i) to improve southern sea otter health;
       (ii) to reduce the occurrence of human-related mortality; 
     and
       (iii) to improve the health of the coastal marine 
     ecosystems of California;
       (D) recommendations for funding to carry out this title; 
     and
       (E) a description of any formal consultations that the 
     Secretary determines to be relevant to the research and 
     recovery program established under this title that are 
     conducted in accordance with section 7 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1536) after the date of the 
     enactment of this Act.

     SEC. 11404. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     the Secretary to carry out this title $5,000,000 for each of 
     fiscal years 2011 through 2016.
       (b) Minimum Percentages for Grants and Projects.--During 
     the period of fiscal years 2011 through 2016 for which funds 
     are authorized to be appropriated under subsection (a)--
       (1) not less than 30 percent of the total amounts 
     appropriated for that period shall be for research grants 
     under section 11403(c)(3); and
       (2) not less than 30 percent of the total amounts 
     appropriated for that period shall be for recovery projects 
     under section 11403(c)(4).
       (c) Administrative Expenses.--Of the amounts made available 
     for each fiscal year to carry out this title, the Secretary 
     may expend not more than the greater of 7 percent of the 
     amounts, or $150,000, to pay the administrative expenses 
     necessary to carry out this title.

     SEC. 11405. TERMINATION.

       This title shall have no force or effect on and after the 
     date on which the Secretary (as that term is used in section 
     4(c)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
     1533(c)(2)) publishes a determination that the southern sea 
     otter should be removed from the lists published under 
     section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 
     1533(c)).

     TITLE CXV--INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT

     SEC. 11501. SHORT TITLE.

       This title may be cited as the ``International Fisheries 
     Stewardship and Enforcement Act''.

   Subtitle A--Administration and Enforcement of Certain Fishery and 
                            Related Statutes

     SEC. 11511. AUTHORITY OF THE SECRETARY TO ENFORCE STATUTES.

       (a) In General.--
       (1) Enforcement of statutes.--The Secretary of Commerce and 
     the Secretary of the department in which the Coast Guard is 
     operating shall enforce the statutes to which this section 
     applies in accordance with the provisions of this section.
       (2) Utilization of nondepartmental resources.--The 
     Secretary may, by agreement, on a reimbursable basis or 
     otherwise, utilize the personnel services, equipment 
     (including aircraft and vessels), and facilities of any other 
     Federal agency, including all elements of the Department of 
     Defense, and of any State agency, in carrying out this 
     section.
       (3) Statutes to which applicable.--This section applies 
     to--
       (A) the High Seas Driftnet Fishing Moratorium Protection 
     Act (16 U.S.C. 1826d et seq.);
       (B) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 
     et seq.);
       (C) the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385);
       (D) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
     seq.);
       (E) the North Pacific Anadromous Stocks Act of 1992 (16 
     U.S.C. 5001 et seq.);
       (F) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
     seq.);
       (G) the Antarctic Marine Living Resources Convention Act of 
     1984 (16 U.S.C. 2431 et seq.);
       (H) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
     971 et seq.);
       (I) the Northwest Atlantic Fisheries Convention Act of 1995 
     (16 U.S.C. 5601 et seq.);
       (J) the Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6901 et seq.);
       (K) the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 
     et seq.);
       (L) any other Act in pari materia, so designated by the 
     Secretary after notice and an opportunity for a hearing; and
       (M) the Antigua Convention Implementing Act of 2010.
       (b) Administration and Enforcement.--The Secretary shall 
     prevent any person from violating any Act to which this 
     section applies in the same manner, by the same means, and 
     with the same jurisdiction, powers, and duties as though 
     sections 308 through 311 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1857 through 1861) 
     were incorporated into and made a part of each such Act. 
     Except as provided in subsection (c), any person that 
     violates any Act to which this section applies is subject to 
     the penalties, and entitled to the privileges and immunities, 
     provided in the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.) in the same manner 
     and by the same means as though sections 308 through 311 of 
     that Act were incorporated into and made a part of each such 
     Act.
       (c) Special Rules.--
       (1) In general.--Notwithstanding the incorporation by 
     reference of certain sections of the Magnuson-Stevens Fishery 
     Conservation and Management Act under subsection (b), if 
     there is a conflict between a provision of this subsection 
     and the corresponding provision of any section of the 
     Magnuson-Stevens Fishery Conservation and Management Act so 
     incorporated, the provision of this subsection shall apply.
       (2) Civil administrative enforcement.--The amount of the 
     civil penalty for a violation of any Act to which this 
     section applies shall not exceed $250,000 for each violation. 
     Each day of a continuing violation shall constitute a 
     separate violation.
       (3) Civil judicial enforcement.--The Attorney General, upon 
     the request of the Secretary, may commence a civil action in 
     an appropriate district court of the United States to enforce 
     this title and any Act to which this section applies, and 
     such court shall have jurisdiction to award civil penalties 
     or such other relief as justice may require, including a 
     permanent or temporary injunction. The amount of the civil 
     penalty for a violation of any Act to which this section 
     applies shall not exceed $250,000 for each violation. Each 
     day of a continuing violation shall constitute a separate 
     violation. In determining the amount of a civil penalty, the 
     court shall take into account the nature, circumstances, 
     extent, and gravity of the prohibited acts committed and, 
     with respect to the violator, the degree of culpability, any 
     history of prior violations and such other matters as justice 
     may require. In imposing such penalty, the district court may 
     also consider information related to the ability of the 
     violator to pay.
       (4) Criminal fines and penalties.--
       (A) Individuals.--In the case of an individual, any offense 
     described in subsection (e)(2), (3), (4), (5), or (6) is 
     punishable by a fine of not more than $500,000, imprisonment 
     for not more than 5 years, or both. If, in the commission of 
     such offense, an individual uses a dangerous weapon, engages 
     in conduct that causes bodily injury to any officer 
     authorized to enforce the provisions of this title, or places 
     any such officer in fear of imminent bodily injury the 
     maximum term of imprisonment is 10 years.
       (B) Other persons.--In the case of any other person, any 
     offense described in subsection (e)(2), (3), (4), (5), or (6) 
     is punishable by a fine of not more than $1,000,000.
       (5) Other criminal violations.--Any person (other than a 
     foreign government or any entity of such government) who 
     knowingly violates any provision of subsection (e) of this 
     section, or any provision of any regulation promulgated 
     pursuant to this title, is guilty of a criminal offense 
     punishable--
       (A) in the case of an individual, by a fine of not more 
     than $500,000, imprisonment for not more than 5 years, or 
     both; and
       (B) in the case of any other person, by a fine of not more 
     than $1,000,000.
       (6) Criminal forfeitures.--
       (A) In general.--A person found guilty of an offense 
     described in subsection (e), or who is convicted of a 
     criminal violation of any Act to which this section applies, 
     shall forfeit to the United States--
       (i) any property, real or personal, constituting or 
     traceable to the gross proceeds obtained, or retained, as a 
     result of the offense including any marine species (or the 
     fair market value thereof) taken or retained in connection 
     with or as a result of the offense; and
       (ii) any property, real or personal, used or intended to be 
     used to commit or to facilitate the commission of the 
     offense, including any shoreside facility, including its 
     conveyances, structure, equipment, furniture, appurtenances, 
     stores, and cargo.
       (B) Procedure.--Pursuant to section 2461(c) of title 28, 
     United States Code, the provisions of section 413 of the 
     Controlled Substances Act (21 U.S.C. 853), other than 
     subsection (d) thereof, shall apply to criminal forfeitures 
     under this section.
       (7) Additional enforcement authority.--In addition to the 
     powers of officers authorized pursuant to subsection (b), any 
     officer who is authorized by the Secretary, or the head of 
     any Federal or State agency that has entered into an 
     agreement with the Secretary under subsection (a) to enforce 
     the provisions of any Act to which this section applies may, 
     with the same jurisdiction, powers, and duties as though 
     section 311 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1861) were incorporated into and 
     made a part of each such Act--
       (A) search or inspect any facility or conveyance used or 
     employed in, or which reasonably appears to be used or 
     employed in, the storage, processing, transport, or trade of 
     fish or fish products;
       (B) inspect records pertaining to the storage, processing, 
     transport, or trade of fish or fish products;
       (C) detain, for a period of up to 14 days, any shipment of 
     fish or fish product imported into, landed on, introduced 
     into, exported from, or transported within the jurisdiction 
     of the United States, or, if such fish or fish product is 
     deemed to be perishable, sell and

[[Page 22697]]

     retain the proceeds therefrom for a period of up to 14 days; 
     and
       (D) make an arrest, in accordance with any guidelines which 
     may be issued by the Attorney General, for any offense under 
     the laws of the United States committed in the person's 
     presence, or for the commission of any felony under the laws 
     of the United States, if the person has reasonable grounds to 
     believe that the person to be arrested has committed or is 
     committing a felony, search and seize, in accordance with any 
     guidelines which may be issued by the Attorney General, and 
     execute and serve any subpoena, arrest warrant, search 
     warrant issued in accordance with rule 41 of the Federal 
     Rules of Criminal Procedure, or other warrant or civil or 
     criminal process issued by any officer or court of competent 
     jurisdiction.
       (8) Subpoenas.--In addition to any subpoena authority 
     pursuant to subsection (b), the Secretary may, for the 
     purposes of conducting any investigation under this section, 
     or any other statute administered by the Secretary, issue 
     subpoenas for the production of relevant papers, photographs, 
     records, books, and documents in any form, including those in 
     electronic, electrical, or magnetic form.
       (d) District Court Jurisdiction.--The several district 
     courts of the United States shall have jurisdiction over any 
     actions arising under this section. For the purpose of this 
     section, American Samoa shall be included within the judicial 
     district of the District Court of the United States for the 
     District of Hawaii. Each violation shall be a separate 
     offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district as authorized by 
     law. Any offenses not committed in any district are subject 
     to the venue provisions of section 3238 of title 18, United 
     States Code.
       (e) Prohibited Acts.--It is unlawful for any person--
       (1) to violate any provision of this section or any Act to 
     which this section applies or any regulation promulgated 
     thereunder;
       (2) to refuse to permit any authorized enforcement officer 
     to board, search, or inspect a vessel, conveyance, or 
     shoreside facility that is subject to the person's control 
     for purposes of conducting any search, investigation, or 
     inspection in connection with the enforcement of this section 
     or any Act to which this section applies or any regulation 
     promulgated thereunder;
       (3) to forcibly assault, resist, oppose, impede, 
     intimidate, or interfere with any such authorized officer in 
     the conduct of any search, investigation, or inspection 
     described in paragraph (2);
       (4) to resist a lawful arrest for any act prohibited by 
     this section or any Act to which this section applies;
       (5) to interfere with, delay, or prevent, by any means, the 
     apprehension, arrest, or detection of another person, knowing 
     that such person has committed any act prohibited by this 
     section or any Act to which this section applies;
       (6) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with any 
     observer on a vessel under this section or any Act to which 
     this section applies, or any data collector employed by or 
     under contract to the National Marine Fisheries Service to 
     carry out responsibilities under this section or any Act to 
     which this section applies;
       (7) to import, export, transport, sell, receive, acquire, 
     or purchase in interstate or foreign commerce any fish or 
     fish product taken, possessed, transported, or sold in 
     violation of any treaty or binding conservation measure 
     adopted pursuant to an international agreement or 
     organization to which the United States is a party; or
       (8) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.
       (f) Regulations.--The Secretary may promulgate such 
     regulations, in accordance with section 553 of title 5, 
     United States Code, as may be necessary to carry out this 
     section or any Act to which this section applies.

     SEC. 11512. CONFORMING, MINOR, AND TECHNICAL AMENDMENTS.

       (a) High Seas Driftnet Fishing Moratorium Protection Act.--
       (1) Enforcement.--Section 606 of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826g) is 
     amended--
       (A) by inserting ``(a) Detecting, Monitoring, and 
     Preventing Violations.--'' before ``The President''; and
       (B) by adding at the end the following:
       ``(b) Enforcement.--This Act shall be enforced under 
     section 11511 of the International Fisheries Stewardship and 
     Enforcement Act.''.
       (2) Biennial report on international compliance.--Section 
     607(2) of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826h(2)) is amended by striking 
     ``whose vessels'' and inserting ``that''.
       (3) Illegal, unreported, or unregulated fishing.--
       (A) Identification.--Section 609(a) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(a)) is amended to read as follows:
       ``(a) Identification.--
       ``(1) In general.--The Secretary shall identify, and list 
     in the report under section 607, a nation if that nation is 
     engaged, or has been engaged at any time during the preceding 
     3 years, in illegal, unreported, or unregulated fishing and--
       ``(A) such fishing undermines the effectiveness of measures 
     required under the relevant international fishery management 
     organization;
       ``(B) the relevant international fishery management 
     organization has failed to implement effective measures to 
     end the illegal, unreported, or unregulated fishing activity 
     by vessels of that nation, or the nation is not a party to, 
     or does not maintain cooperating status with, such 
     organization; or
       ``(C) there is no international fishery management 
     organization with a mandate to regulate the fishing activity 
     in question.
       ``(2) Other identifying activities.--The Secretary shall 
     also identify, and list in the report under section 607, a 
     nation if--
       ``(A) it is violating, or has violated at any time during 
     the preceding 3 years, conservation and management measures 
     required under an international fishery management agreement 
     to which the United States is a party and the violations 
     undermine the effectiveness of such measures, taking into 
     account the factors described in paragraph (1); or
       ``(B) it is failing, or has failed at any time during the 
     preceding 3 years, to effectively address or regulate 
     illegal, unreported, or unregulated fishing in areas 
     described in paragraph (1)(C).
       ``(3) Treatment of certain entities as if they were 
     nations.--Where the provisions of this Act apply to the act, 
     or failure to act, of a nation, they shall also be 
     applicable, as appropriate, to any other entity that is 
     competent to enter into an international fishery management 
     agreement.''.
       (B) IUU certification procedure.--
       (i) Certification.--Section 609(d)(1) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(d)(1)) is amended by striking ``of its fishing 
     vessels'' each place it appears.
       (ii) Alternative procedure.--Section 609(d)(2) of the High 
     Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(d)(2)) is amended--

       (I) by striking ``procedure for certification,'' and 
     inserting ``procedure,'';
       (II) by striking ``basis of fish'' and inserting ``basis, 
     for allowing importation of fish''; and
       (III) by striking ``harvesting nation not certified under 
     paragraph (1)'' and inserting ``nation issued a negative 
     certification under paragraph (1)''.

       (4) Equivalent conservation measures.--Section 610(a)(1) of 
     the High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826k(a)(1)) is amended--
       (A) by striking ``calendar year'' and inserting ``3 
     years''; and
       (B) by striking ``practices;'' and inserting ``practices--
     ''.
       (b) Dolphin Protection Consumer Information Act.--Section 
     901 of the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385) is amended--
       (1) by adding at the end of subsection (d) the following:
       ``(4) It is a violation of section 11511 of the 
     International Fisheries Stewardship and Enforcement Act for 
     any person to assault, resist, oppose, impede, intimidate, or 
     interfere with and authorized officer in the conduct of any 
     search, investigation or inspection under this Act.''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Enforcement.--This Act shall be enforced under 
     section 11511 of the International Fisheries Stewardship and 
     Enforcement Act.''.
       (c) Tuna Conventions Act of 1950.--Section 8 of the Tuna 
     Conventions Act of 1950 (16 U.S.C. 957) is amended--
       (1) by striking ``regulations.'' in subsection (a) and 
     inserting ``regulation or for any person to make or submit 
     any false record, account, or label for, or any false 
     identification of, any fish or fish product (including the 
     false identification of species, harvesting vessel or nation 
     or the location where harvested) which has been, or is 
     intended to be imported, exported, transported, sold, offered 
     for sale, purchased, or received in interstate or foreign 
     commerce.'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) It shall be unlawful for any person--
       ``(1) to refuse to permit any officer authorized to enforce 
     the provisions of this Act to board a fishing vessel subject 
     to such person's control for purposes of conducting any 
     search, investigation, or inspection in connection with the 
     enforcement of this Act or any regulation promulgation or 
     permit issued under this Act;
       ``(2) to forcibly assault, resist, oppose, impede, 
     intimidate, or interfere with any such authorized officer in 
     the conduct of any search, investigation or inspection 
     described in paragraph (1);
       ``(3) to resist a lawful arrest for any act prohibited by 
     this section; or

[[Page 22698]]

       ``(4) to interfere with, delay, or prevent, by any means, 
     the apprehension or arrest of another person, knowing that 
     such other person has committed any act prohibited by this 
     section.'';
       (3) by striking subsections (e) through (g) and 
     redesignating subsection (h) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Enforcement.--This section shall be enforced under 
     section 11511 of the International Fisheries Stewardship and 
     Enforcement Act.''.
       (d) Northern Pacific Anadromous Stocks Act of 1992.--
       (1) Unlawful activities.--Section 810 of the Northern 
     Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is 
     amended--
       (A) by striking ``purchases'' in paragraph (5) and 
     inserting ``purposes'';
       (B) by striking ``search or inspection'' in paragraph (5) 
     and inserting ``search, investigation, or inspection'';
       (C) by striking ``search or inspection'' in paragraph (6) 
     and inserting ``search, investigation, or inspection'';
       (D) by striking ``or'' after the semicolon in paragraph 
     (8);
       (E) by striking ``title.'' in paragraph (9) and inserting 
     ``title; or''; and
       (F) by adding at the end the following:
       ``(10) for any person to make or submit any false record, 
     account, or label for, or any false identification of, any 
     fish or fish product (including false identification of the 
     species, harvesting vessel or nation, or the location where 
     harvested) which has been, or is intended to be imported, 
     exported, transported, sold, offered for sale, purchased, or 
     received in interstate or foreign commerce.''.
       (2) Administration and enforcement.--Section 811 of the 
     Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 
     5010) is amended to read as follows:

     ``SEC. 811. ADMINISTRATION AND ENFORCEMENT.

       ``This Act shall be enforced under section 11511 of the 
     International Fisheries Stewardship and Enforcement Act.''.
       (e) Pacific Salmon Treaty Act of 1985.--Section 8 of the 
     Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) is 
     amended--
       (1) by striking ``search or inspection'' in subsection 
     (a)(2) and inserting ``search, investigation, or 
     inspection'';
       (2) by striking ``search or inspection'' in subsection 
     (a)(3) and inserting ``search, investigation, or 
     inspection'';
       (3) by striking ``or'' after the semicolon in subsection 
     (a)(5);
       (4) by striking ``section.'' in subsection (a)(6) and 
     inserting ``section; or'';
       (5) by adding at the end of subsection (a) the following:
       ``(7) for any person to make or submit any false record, 
     account, or label for, or any false identification of, any 
     fish or fish product (including false identification of the 
     species, harvesting vessel or nation, or the location where 
     harvested) which has been, or is intended to be imported, 
     exported, transported, sold, offered for sale, purchased, or 
     received in interstate or foreign commerce.''; and
       (6) by striking subsections (b) through (f) and inserting 
     the following:
       ``(b) Administration and Enforcement.--This Act shall be 
     enforced under section 11511 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (f) South Pacific Tuna Act of 1988.--
       (1) Prohibited acts.--Section 5(a) of the South Pacific 
     Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended--
       (A) by striking ``search or inspection'' in paragraph (8) 
     and inserting ``search, investigation, or inspection'';
       (B) by striking ``search or inspection'' in paragraph 
     (10)(A) and inserting ``search, investigation, or 
     inspection'';
       (C) by striking ``or'' after the semicolon in paragraph 
     (12);
       (D) by striking `` retained.'' in paragraph (13) and 
     inserting ``retained; or''; and
       (E) by adding at the end the following:
       ``(14) for any person to make or submit any false record, 
     account, or label for, or any false identification of, any 
     fish or fish product (including false identification of the 
     species, harvesting vessel or nation, or the location where 
     harvested) which has been, or is intended to be imported, 
     exported, transported, sold, offered for sale, purchased, or 
     received in interstate or foreign commerce.''.
       (2) Administration and enforcement.--The South Pacific Tuna 
     Act of 1988 (16 U.S.C. 973 et seq.) is amended by striking 
     sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the 
     following:

     ``SEC. 7. ADMINISTRATION AND ENFORCEMENT.

       ``This Act shall be enforced under section 11511 of the 
     International Fisheries Stewardship and Enforcement Act.''.
       (g) Antarctic Marine Living Resources Convention Act of 
     1984.--
       (1) Unlawful activities.--Section 306 of the Antarctic 
     Marine Living Resources Convention Act (16 U.S.C. 2435) is 
     amended--
       (A) by striking ``which he knows, or reasonably should have 
     known, was'' in paragraph (3);
       (B) by striking ``search or inspection'' in paragraph (4) 
     and inserting ``search, investigation, or inspection'';
       (C) by striking ``search or inspection'' in paragraph (5) 
     and inserting ``search, investigation, or inspection'';
       (D) by striking ``or'' after the semicolon in paragraph 
     (6);
       (E) by striking ``section.'' in paragraph (7) and inserting 
     ``section; or''; and
       (F) by adding at the end the following:
       ``(8) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.''.
       (2) Regulations.--Section 307 of the Antarctic Marine 
     Living Resources Convention Act (16 U.S.C. 2436) is amended 
     by adding ``Notwithstanding the provisions of subsections 
     (b), (c), and (d) of section 553 of title 5, United States 
     Code, the Secretary of Commerce may publish in the Federal 
     Register a final rule to implement conservation measures, 
     described in section 635(a) of this title, that are in effect 
     for 12 months or less, adopted by the Commission, and not 
     objected to by the United States within the time period 
     allotted under Article IX of the Convention. Upon publication 
     in the Federal Register, such conservation measures shall be 
     in force with respect to the United States.'' after 
     ``title.''.
       (3) Penalties and enforcement.--The Antarctic Marine Living 
     Resources Convention Act (16 U.S.C. 2431 et seq.) is 
     amended--
       (A) by striking sections 308 and 309 (16 U.S.C. 2437 and 
     2438);
       (B) by striking subsection (b), (c), and (d) of section 310 
     (16 U.S.C. 2439) and redesignating subsection (e) as 
     subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) Administration and Enforcement.--This Act shall be 
     enforced under section 11511 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (h) Atlantic Tunas Convention Act of 1975.--
       (1) Violations.--Section 7 of the Atlantic Tunas Convention 
     Act of 1975 (16 U.S.C. 971e) is amended--
       (A) by striking subsections (e) and (f) and redesignating 
     subsection (g) as subsection (f); and
       (B) by inserting after subsection (d) the following:
       ``(e) Mislabeling.--It shall be unlawful for any person to 
     make or submit any false record, account, or label for, or 
     any false identification of, any fish or fish product 
     (including the false identification of the species, 
     harvesting vessel or nation, or the location where harvested) 
     which has been, or is intended to be, imported, exported, 
     transported, sold, offered for sale, purchased or received in 
     interstate or foreign commerce.''.
       (2) Enforcement.--Section 8 of the Atlantic Tunas 
     Convention Act of 1975 (16 U.S.C. 971f) is amended--
       (A) by striking subsections (a) and (c);
       (B) by striking ``(b) International Enforcement.--'' in 
     subsection (b) and inserting ``This Act shall be enforced 
     under section 11511 of the International Fisheries 
     Stewardship and Enforcement Act.''; and
       (C) by striking ``shall have the authority to carry out the 
     enforcement activities specified in section 8(a) of this 
     Act'' each place it appears and inserting ``shall enforce 
     this Act''.
       (i) Northwest Atlantic Fisheries Convention Act of 1995.--
     Section 207 of the Northwest Atlantic Fisheries Convention 
     Act of 1995 (16 U.S.C. 5606) is amended--
       (1) in the section heading, by striking ``PENALTIES.'' and 
     inserting ``ENFORCEMENT.''
       (2) in subsection (a)--
       (A) in paragraph (2), by striking ``search or inspection'' 
     and inserting ``search, investigation, or inspection'';
       (B) in paragraph (3), by striking ``search or inspection'' 
     and inserting ``search, investigation, or inspection'';
       (C) in paragraph (5), by striking ``or'' after the 
     semicolon;
       (D) in paragraph (6), by striking ``section.'' and 
     inserting ``section; or''; and
       (E) by adding at the end the following:
       ``(7) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.''; and
       (3) by striking subsections (b) through (f) and inserting 
     the following:
       ``(b) Administration and Enforcement.--This title shall be 
     enforced under section 11511 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (j) Western and Central Pacific Fisheries Convention 
     Implementation Act.--
       (1) Administration and enforcement.--Section 506(c) of the 
     Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6905(c)) is amended to read as 
     follows:
       ``(c) Administration and Enforcement.--This title shall be 
     enforced under section 11511 of the International Fisheries 
     Stewardship and Enforcement Act.''.

[[Page 22699]]

       (2) Prohibited acts.--Section 507(a) of the Western and 
     Central Pacific Fisheries Convention Implementation Act (16 
     U.S.C. 6906(a)) is amended--
       (A) by striking ``suspension, on'' in paragraph (2) and 
     inserting ``suspension of'';
       (B) by striking ``title.'' in paragraph (14) and inserting 
     ``title; or''; and
       (C) by adding at the end the following:
       ``(15) to make or submit any false record, account, or 
     label for, or any false identification of, any fish or fish 
     product (including false identification of the species, 
     harvesting vessel or nation, or the location where harvested) 
     which has been, or is intended to be imported, exported, 
     transported, sold, offered for sale, purchased, or received 
     in interstate or foreign commerce.''.
       (k) Northern Pacific Halibut Act of 1982.--
       (1) Prohibited acts.--Section 7 of the Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773e) is amended--
       (A) by redesignating subdivisions (a) and (b) as paragraphs 
     (1) and (2), respectively, and subdivisions (1) through (6) 
     of paragraph (1), as redesignated, as subparagraphs (A) 
     through (F);
       (B) by striking ``search or inspection'' in paragraph 
     (1)(B), as redesignated, and inserting ``search, 
     investigation, or inspection'';
       (C) by striking ``search or inspection'' in paragraph 
     (1)(C), as redesignated, and inserting ``search, 
     investigation, or inspection'';
       (D) by striking ``or'' after the semicolon in paragraph 
     (1)(E), as redesignated;
       (E) by striking ``section.'' in paragraph (1)(F), as 
     redesignated, and inserting ``section;''; and
       (F) by adding at the end of paragraph (1), as redesignated, 
     the following:
       ``(G) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.''.
       (2) Administration and enforcement.--The Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773 et seq.) is amended--
       (A) by striking sections 3, 9, and 10 (16 U.S.C. 773f, 
     773g, and 773h); and
       (B) by striking subsections (b) through (f) of section 11 
     (16 U.S.C. 773i) and inserting the following:
       ``(b) Administration and Enforcement.--This Act shall be 
     enforced under section 11511 of the International Fisheries 
     Stewardship and Enforcement Act.''.

     SEC. 11513. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

       (a) In General.--Section 608 of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826i), as 
     amended by section 11532 of this division, is further amended 
     by adding at the end the following:
       ``(c) Vessels and Vessel Owners Engaged in Illegal, 
     Unreported, or Unregulated Fishing.--The Secretary may--
       ``(1) develop, maintain, and make public a list of vessels 
     and vessel owners engaged in illegal, unreported, or 
     unregulated fishing, including vessels or vessel owners 
     identified by an international fishery management 
     organization or arrangement made pursuant to an international 
     fishery agreement, whether or not the United States is a 
     party to such organization or arrangement;
       ``(2) take appropriate action against listed vessels and 
     vessel owners, including action against fish, fish parts, or 
     fish products from such vessels, in accordance with 
     applicable United States law and consistent with applicable 
     international law, including principles, rights, and 
     obligations established in applicable international fishery 
     management and trade agreements; and
       ``(3) provide notification to the public of vessels and 
     vessel owners identified by international fishery management 
     organizations or arrangements made pursuant to an 
     international fishery agreement as having been engaged in 
     illegal, unreported, or unregulated fishing, as well as any 
     measures adopted by such organizations or arrangements to 
     address illegal, unreported, or unregulated fishing.
       ``(d) Restrictions on Port Access or Use.--Action taken by 
     the Secretary under subsection (c)(2) that includes measures 
     to restrict use of or access to ports or port services shall 
     apply to all ports of the United States and its territories.
       ``(e) Regulations.--The Secretary may promulgate 
     regulations to implement subsections (c) and (d).''.
       (b) Additional Measures.--
       (1) Amendment of the high seas driftnet fishing moratorium 
     protection act.--
       (A) IUU certification procedure; effect of certification.--
     Section 609(d)(3) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j(d)(3)) is amended 
     by striking ``that has not been certified by the Secretary 
     under this subsection, or'' in subparagraph (A)(i).
       (B) Conservation certification procedure; effect of 
     certification.--Section 610(c)(5) of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)(5)) is 
     amended by striking ``that has not been certified by the 
     Secretary under this subsection, or''.
       (2) Amendment of the high seas driftnet fisheries 
     enforcement act.--
       (A) Denial of port privileges.--Section 101 of the High 
     Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is 
     amended--
       (i) by striking subsection (a)(2) and inserting the 
     following:
       ``(2) Denial of port privileges.--The Secretary of the 
     Treasury shall, in accordance with recognized principles of 
     international law--
       ``(A) withhold or revoke the clearance required by section 
     60105 of title 46, United States Code, for--
       ``(i) any large-scale driftnet fishing vessel that is 
     documented under the law of the United States or of a nation 
     included on a list published under paragraph (1); or
       ``(ii) any fishing vessel of a nation that receives a 
     negative certification under section 609(d) or 610(c) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d) or 1826k(c)); and
       ``(B) deny entry of that vessel to any place in the United 
     States and to the navigable waters of the United States, 
     except for the purpose of inspecting the vessel, conducting 
     an investigation, or taking other appropriate enforcement 
     action.'';
       (ii) by striking ``or illegal, unreported, or unregulated 
     fishing'' each place it appears in subsection (b)(1) and (2);
       (iii) by striking ``or'' after the semicolon in subsection 
     (b)(3)(A)(i);
       (iv) by striking ``nation.'' in subsection (b)(3)(A)(ii) 
     and inserting ``nation; or'';
       (v) by adding at the end of subsection (b)(3)(A) the 
     following:
       ``(iii) upon receipt of notification of a negative 
     certification under section 609(d)(1) or 610(c)(1) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d)(1) or 1826k(c)(1)).'';
       (vi) by inserting ``or after issuing a negative 
     certification under section 609(d)(1) or 610(c)(1) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d)(1) and 1826k(c)(1)),'' after ``paragraph 
     (1),'' in subsection (b)(4)(A); and
       (vii) by striking subsection (b)(4)(A)(i) and inserting the 
     following:
       ``(i) any prohibition established under paragraph (3) is 
     insufficient to cause that nation--

       ``(I) to terminate large-scale driftnet fishing conducted 
     by its nationals and vessels beyond the exclusive economic 
     zone of any nation;
       ``(II) to address illegal, unreported, or unregulated 
     fishing activities for which a nation has been identified 
     under section 609 of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j); or
       ``(III) to address bycatch of a protected living marine 
     resource for which a nation has been identified under section 
     610 of such Act (16 U.S.C. 1826k); or''.

       (B) Duration of denial of port privileges and sanctions.--
     Section 102 of the High Seas Driftnet Fisheries Enforcement 
     Act (16 U.S.C. 1826b) is amended by striking ``such nation 
     has terminated large-scale driftnet fishing or illegal, 
     unreported, or unregulated fishing by its nationals and 
     vessels beyond the exclusive economic zone of any nation.'' 
     and inserting ``such nation has--
       ``(1) terminated large-scale driftnet fishing by its 
     nationals and vessels beyond the exclusive economic zone of 
     any nation;
       ``(2) addressed illegal, unreported, or unregulated fishing 
     activities for which a nation has been identified under 
     section 609 of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826j); or
       ``(3) addressed bycatch of a protected living marine 
     resource for which a nation has been identified under section 
     610 of that Act (16 U.S.C. 1826k).''.

     SEC. 11514. LIABILITY.

       Any claims arising from the actions of any officer, 
     authorized by the Secretary to enforce the provisions of this 
     title or any Act to which this title applies, taken pursuant 
     to any scheme for at-sea boarding and inspection authorized 
     under any international agreement to which the United States 
     is a party may be pursued under chapter 171 of title 28, 
     United States Code, or such other legal authority as may be 
     pertinent.

        Subtitle B--Law Enforcement and International Operations

     SEC. 11521. INTERNATIONAL FISHERIES ENFORCEMENT PROGRAM.

       (a) Establishment.--
       (1) In general.--Within 12 months after the date of the 
     enactment of this Act, the Secretary shall, subject to the 
     availability of appropriations, establish an International 
     Fisheries Enforcement Program within the Office of Law 
     Enforcement of the National Marine Fisheries Service.
       (2) Purpose.--The Program shall be an interagency program 
     established and administered by the Secretary in coordination 
     with the heads of other departments and agencies for the 
     purpose of detecting and investigating illegal, unreported, 
     or unregulated fishing activity and enforcing the provisions 
     of this title.
       (3) Staff.--The Program shall be staffed with 
     representation from the U.S. Coast Guard, U.S. Customs and 
     Border Protection, U.S. Food and Drug Administration, and any 
     other department or agency determined by

[[Page 22700]]

     the Secretary to be appropriate and necessary to detect and 
     investigate illegal, unreported, or unregulated fishing 
     activity and enforce the provisions of this title.
       (b) Program Actions.--
       (1) Staffing and other resources.--At the request of the 
     Secretary, the heads of other departments and agencies 
     providing staff for the Program shall--
       (A) by agreement, on a reimbursable basis or otherwise, 
     participate in staffing the Program;
       (B) by agreement, on a reimbursable basis or otherwise, 
     share personnel, services, equipment (including aircraft and 
     vessels), and facilities with the Program; and
       (C) to the extent possible, and consistent with other 
     applicable law, extend the enforcement authorities provided 
     by their enabling legislation to the other departments and 
     agencies participating in the Program for the purposes of 
     conducting joint operations to detect and investigate 
     illegal, unreported or unregulated fishing activity and 
     enforcing the provisions of this title.
       (2) Budget.--The Secretary and the heads of other 
     departments and agencies providing staff for the Program, 
     may, at their discretion, develop interagency plans and 
     budgets and engage in interagency financing for such 
     purposes.
       (3) 5-year plan.--Within 180 days after the date on which 
     the Program is established under subsection (a), the 
     Secretary shall develop a 5-year strategic plan for guiding 
     interagency and intergovernmental international fisheries 
     enforcement efforts to carry out the provisions of this 
     title. The Secretary shall update the plan periodically as 
     necessary, but at least once every 5 years.
       (4) Cooperative activities.--The Secretary, in coordination 
     with the heads of other departments and agencies providing 
     staff for the Program, may--
       (A) create and participate in task forces, committees, or 
     other working groups with other Federal, State or local 
     governments as well as with the governments of other nations 
     for the purposes of detecting and investigating illegal, 
     unreported, or unregulated fishing activity and carrying out 
     the provisions of this title; and
       (B) enter into agreements with other Federal, State, or 
     local governments as well as with the governments of other 
     nations, on a reimbursable basis or otherwise, for such 
     purposes.
       (c) Powers of Authorized Officers.--Notwithstanding any 
     other provision of law, while operating under an agreement 
     with the Secretary entered into under section 11511 of this 
     title, and conducting joint operations as part of the Program 
     for the purposes of detecting and investigating illegal, 
     unreported or unregulated fishing activity and enforcing the 
     provisions of this title, authorized officers shall have the 
     powers and authority provided in that section.
       (d) Information Collection, Maintenance and Use.--
       (1) In general.--The Secretary and the heads of other 
     departments and agencies providing staff for the Program 
     shall, to the maximum extent allowable by law, share all 
     applicable information, intelligence, and data related to the 
     harvest, transportation, or trade of fish and fish product in 
     order to detect and investigate illegal, unreported, or 
     unregulated fishing activity and to carry out the provisions 
     of this title.
       (2) Coordination of data.--The Secretary, through the 
     Program, shall coordinate the collection, storage, analysis, 
     and dissemination of all applicable information, 
     intelligence, and data related to the harvest, 
     transportation, or trade of fish and fish product collected 
     or maintained by the member agencies of the Program.
       (3) Confidentiality.--The Secretary, through the Program, 
     shall ensure the protection and confidentiality required by 
     law for information, intelligence, and data related to the 
     harvest, transportation, or trade of fish and fish product 
     obtained by the Program.
       (4) Data standardization.--The Secretary and the heads of 
     other departments and agencies providing staff for the 
     Program shall, to the maximum extent practicable, develop 
     data standardization for fisheries related data for Program 
     agencies and with international fisheries enforcement 
     databases as appropriate.
       (5) Assistance from intelligence community.--Upon request 
     of the Secretary, elements of the intelligence community (as 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4))) shall collect information related to 
     illegal, unreported, or unregulated fishing activity outside 
     the United States about individuals who are not United States 
     persons (as defined in section 105A(c)(2) of such Act (50 
     U.S.C. 403-5a(c)(2))). Such elements of the intelligence 
     community shall collect and share such information with the 
     Secretary through the Program for law enforcement purposes in 
     order to detect and investigate illegal, unreported, or 
     unregulated fishing activities and to carry out the 
     provisions of this title. All collection and sharing of 
     information shall be in accordance with the National Security 
     Act of 1947 (50 U.S.C. 401 et seq.).
       (6) Information sharing.--The Secretary, through the 
     Program, shall have authority to share fisheries-related data 
     with other Federal or State government agency, foreign 
     government, the Food and Agriculture Organization of the 
     United Nations, or the secretariat or equivalent of an 
     international fisheries management organization or 
     arrangement made pursuant to an international fishery 
     agreement, if--
       (A) such governments, organizations, or arrangements have 
     policies and procedures to safeguard such information from 
     unintended or unauthorized disclosure; and
       (B) the exchange of information is necessary--
       (i) to ensure compliance with any law or regulation 
     enforced or administered by the Secretary;
       (ii) to administer or enforce treaties to which the United 
     States is a party;
       (iii) to administer or enforce binding conservation 
     measures adopted by any international organization or 
     arrangement to which the United States is a party;
       (iv) to assist in investigative, judicial, or 
     administrative enforcement proceedings in the United States; 
     or
       (v) to assist in any fisheries or living marine resource 
     related law enforcement action undertaken by a law 
     enforcement agency of a foreign government, or in relation to 
     a legal proceeding undertaken by a foreign government.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $30,000,000 to the Secretary for each of 
     fiscal years 2011 through 2016 to carry out this section.

     SEC. 11522. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.

       (a) International Cooperation and Assistance Program.--The 
     Secretary may establish an international cooperation and 
     assistance program, including grants, to provide assistance 
     for international capacity building efforts.
       (b) Authorized Activities.--In carrying out the program, 
     the Secretary may--
       (1) provide funding and technical expertise to other 
     nations to assist them in addressing illegal, unreported, or 
     unregulated fishing activities;
       (2) provide funding and technical expertise to other 
     nations to assist them in reducing the loss and environmental 
     impacts of derelict fishing gears, reducing the bycatch of 
     living marine resources, and promoting international marine 
     resource conservation;
       (3) provide funding, technical expertise, and training, in 
     cooperation with the International Fisheries Enforcement 
     Program under section 11521 of this title, to other nations 
     to aid them in building capacity for enhanced fisheries 
     management, fisheries monitoring, catch and trade tracking 
     activities, enforcement, and international marine resource 
     conservation;
       (4) establish partnerships with other Federal agencies, as 
     appropriate, to ensure that fisheries development assistance 
     to other nations is directed toward projects that promote 
     sustainable fisheries; and
       (5) conduct outreach and education efforts in order to 
     promote public and private sector awareness of international 
     fisheries sustainability issues, including the need to combat 
     illegal, unreported, or unregulated fishing activity and to 
     promote international marine resource conservation.
       (c) Guidelines.--The Secretary may establish guidelines 
     necessary to implement the program.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $5,000,000 for each of 
     fiscal years 2011 through 2016 to carry out this section.

                  Subtitle C--Miscellaneous Amendments

     SEC. 11531. ATLANTIC TUNAS CONVENTION ACT OF 1975.

       (a) Elimination of Annual Report.--Section 11 of the 
     Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971j) is 
     repealed.
       (b) Certain Regulations.--Section 6(c)(2) of the Atlantic 
     Tunas Convention Act of 1975 (16 U.S.C. 971d(c)(2)) is 
     amended--
       (1) by inserting ``(A)'' after ``(2)'';
       (2) by striking ``(A) submission'' and inserting ``the 
     presentation'';
       (3) by striking ``arguments, and (B) oral presentation at a 
     public hearing. Such'' and inserting ``written or oral 
     statements at a public hearing. After consideration of such 
     presentations, the''; and
       (4) by adding at the end the following:
       ``(B) The Secretary may issue final regulations to 
     implement Commission recommendations referred to in paragraph 
     (1) of this subsection concerning trade restrictive measures 
     against nations or fishing entities without regard to the 
     requirements of subparagraph (A) of this paragraph and 
     subsections (b) and (c) of section 553 of title 5, United 
     States Code.''.

     SEC. 11532. DATA SHARING.

       (a) High Seas Driftnet Fishing Moratorium Protection Act.--
     Section 608 of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826i), as amended by section 11202 
     of this division, is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Secretary,'';
       (2) by striking ``organizations'' the first place it 
     appears and inserting, ``organizations, or arrangements made 
     pursuant to an international fishery agreement (as defined in 
     section 3(24) of the Magnuson-Stevens Fishery Conservation 
     and Management Act),'';

[[Page 22701]]

       (3) by striking ``and'' after the semicolon in paragraph 
     (3), as added by section 11202 of this division;
       (4) by striking ``territories.'' in paragraph (4), as 
     redesignated by section 11202 of this division, and inserting 
     ``territories; and''; and
       (5) by adding at the end the following:
       ``(5) urging other nations, through the regional fishery 
     management organizations of which the United States is a 
     member, bilaterally and otherwise to seek and foster the 
     sharing of accurate, relevant, and timely information--
       ``(A) to improve the scientific understanding of marine 
     ecosystems;
       ``(B) to improve fisheries management decisions;
       ``(C) to promote the conservation of protected living 
     marine resources;
       ``(D) to combat illegal, unreported, and unregulated 
     fishing; and
       ``(E) to improve compliance with conservation and 
     management measures in international waters.
       ``(b) Information Sharing.--In carrying out this section, 
     the Secretary may disclose, as necessary and appropriate, 
     information to the Food and Agriculture Organization of the 
     United Nations, international fishery management 
     organizations (as so defined), or arrangements made pursuant 
     to an international fishery agreement, if such organizations 
     or arrangements have policies and procedures to safeguard 
     such information from unintended or unauthorized 
     disclosure.''.
       (b) Conforming Amendment.--Section 402(b)(1) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1881a(b)(1)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (G);
       (2) by redesignating subparagraph (H) as subparagraph (J); 
     and
       (3) by inserting after subparagraph (G) the following:
       ``(H) to the Food and Agriculture Organization of the 
     United Nations, international fishery management 
     organizations, or arrangements made pursuant to an 
     international fishery agreement as provided for in the High 
     Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826i(b));
       ``(I) to any other Federal or State government agency, 
     foreign government, the Food and Agriculture Organization of 
     the United Nations, or the secretariat or equivalent of an 
     international fisheries management organization or 
     arrangement made pursuant to an international fishery 
     agreement, as provided in section 621(d)(6) of the 
     International Fisheries Stewardship and Enforcement Act; 
     or''.

     SEC. 11533. PERMITS UNDER THE HIGH SEAS FISHING COMPLIANCE 
                   ACT OF 1995.

       Section 104(f) of the High Seas Fishing Compliance Act (16 
     U.S.C. 5503(f)) is amended to read as follows:
       ``(f) Validity.--A permit issued under this section is void 
     if--
       ``(1) 1 or more permits or authorizations required for a 
     vessel to fish, in addition to a permit issued under this 
     section, expire, are revoked, or are suspended; or
       ``(2) the vessel is no longer eligible for United States 
     documentation, such documentation is revoked or denied, or 
     the vessel is deleted from such documentation.''.

     SEC. 11534. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL 
                   PACIFIC FISHERIES CONVENTION IMPLEMENTATION 
                   ACT.

       Section 503 of the Western and Central Pacific Fisheries 
     Convention Implementation Act (16 U.S.C. 6902) is amended--
       (1) by striking ``Management Council and'' in subsection 
     (a) and inserting ``Management Council, and one of whom shall 
     be the chairman or a member of'';
       (2) by striking subsection (c)(1) and inserting the 
     following:
       ``(1) Employment status.--Individuals serving as such 
     Commissioners, other than officers or employees of the United 
     States Government, shall not be considered Federal employees 
     except for the purposes of injury compensation or tort claims 
     liability as provided in chapter 81 of title 5, United States 
     Code, and chapter 171 of title 28, United States Code.''; and
       (3) by striking subsection (d)(2)(B)(ii) and inserting the 
     following:
       ``(ii) shall not be considered Federal employees except for 
     the purposes of injury compensation or tort claims liability 
     as provided in chapter 81 of title 5, United States Code, and 
     chapter 171 of title 28, United States Code.''.

     SEC. 11535. PACIFIC WHITING ACT OF 2006.

       (a) Scientific Experts.--Section 605(a)(1) of the Pacific 
     Whiting Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by 
     striking ``at least 6 but not more than 12'' inserting ``no 
     more than 2''.
       (b) Employment Status.--Section 609(a) of the Pacific 
     Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended to read as 
     follows:
       ``(a) Employment Status.--Individuals appointed under 
     section 603, 604, 605, or 606 of this title, other than 
     officers or employees of the United States Government, shall 
     not be considered to be Federal employees while performing 
     such service, except for purposes of injury compensation or 
     tort claims liability as provided in chapter 81 of title 5, 
     United States Code, and chapter 171 of title 28, United 
     States Code.''.

     SEC. 11536. CLARIFICATION OF EXISTING AUTHORITY.

       Notwithstanding any other provision of law, the Secretary 
     of Commerce may promulgate regulations that allow for the 
     replacement or rebuilding of a vessel qualified under 
     subsections (a)(7) and (g)(1)(A) of section 219 of the 
     Department of Commerce and Related Agencies Appropriations 
     Act, 2005 (Public Law 108-447; 118 Stat. 2886).

     SEC. 11537. REAUTHORIZATIONS.

       (a) International Dolphin Conservation Program.--Section 
     304(c)(1) of the Marine Mammal Protection Act (16 U.S.C. 
     1414a(c)(1)) is amended by adding at the end the following:
       ``(5) $1,000,000 for each of fiscal years 2011 through 
     2015.''.
       (b) Pacific Salmon Treaty Act of 1985.--Section 16(d)(2)(A) 
     of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 
     3645(d)(2)(A)) is amended by striking ``and 2009,'' and 
     inserting ``2009, 2010, 2011, 2012, 2013, 2014, and 2015''.
       (c) South Pacific Tuna Act of 1988.--Section 20(a) of the 
     South Pacific Tuna Act of 1988 (16 U.S.C. 973r(a)) is amended 
     by striking ``1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 
     2000, 2001, and 2002,'' each place it appears and inserting 
     ``2011 through 2015''.

          Subtitle D--Implementation of the Antigua Convention

     SEC. 11541. SHORT TITLE.

       This title may be cited as the ``Antigua Convention 
     Implementing Act of 2010''.

     SEC. 11542. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Tuna Conventions Act of 1950 (16 
     U.S.C. 951 et seq.).

     SEC. 11543. DEFINITIONS.

       Section 2 (16 U.S.C. 951) is amended to read as follows:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Antigua convention.--The term `Antigua Convention' 
     means the Convention for the Strengthening of the Inter-
     American Tropical Tuna Commission Established by the 1949 
     Convention Between the United States of America and the 
     Republic of Costa Rica, signed at Washington, November 14, 
     2003.
       ``(2) Commission.--The term `Commission' means the Inter-
     American Tropical Tuna Commission provided for by the 
     Convention.
       ``(3) Convention.--The term `Convention' means--
       ``(A) the Convention for the Establishment of an Inter-
     American Tropical Tuna Commission, signed at Washington, May 
     31, 1949, by the United States of America and the Republic of 
     Costa Rica;
       ``(B) the Antigua Convention, upon its entry into force for 
     the United States, and any amendments thereto that are in 
     force for the United States; or
       ``(C) both such Conventions, as the context requires.
       ``(4) Import.--The term `import' means to land on, bring 
     into, or introduce into, or attempt to land on, bring into, 
     or introduce into, any place subject to the jurisdiction of 
     the United States, whether or not such landing, bringing, or 
     introduction constitutes an importation within the meaning of 
     the customs laws of the United States.
       ``(5) Person.--The term `person' means an individual, 
     partnership, corporation, or association subject to the 
     jurisdiction of the United States.
       ``(6) United states.--The term `United States' includes all 
     areas under the sovereignty of the United States.
       ``(7) U.S. commissioners.--The term `U.S. commissioners' 
     means the members of the commission.
       ``(8) U.S. section.--The term `U.S. section' means the U.S. 
     Commissioners to the Commission and a designee of the 
     Secretary of State.''.

     SEC. 11544. COMMISSIONERS, NUMBER, APPOINTMENT, AND 
                   QUALIFICATIONS.

       Section 3 (16 U.S.C. 952) is amended to read as follows:

     ``SEC. 3. COMMISSIONERS.

       ``(a) Commissioners.--The United States shall be 
     represented on the Commission by 5 United States 
     Commissioners. The President shall appoint individuals to 
     serve on the Commission at the pleasure of the President. In 
     making the appointments, the President shall select 
     Commissioners from among individuals who are knowledgeable or 
     experienced concerning highly migratory fish stocks in the 
     eastern tropical Pacific Ocean, one of whom shall be an 
     officer or employee of the Department of Commerce, one of 
     whom shall be the chairman or a member of the Western Pacific 
     Fishery Management Council, and one of whom shall be the 
     chairman or a member of the Pacific Fishery Management 
     Council. Not more than 2 Commissioners may be appointed who 
     reside in a State other than a State whose vessels maintain a 
     substantial fishery in the area of the Convention.
       ``(b) Alternate Commissioners.--The Secretary of State, in 
     consultation with the Secretary, may designate from time to 
     time and for periods of time deemed appropriate

[[Page 22702]]

     Alternate United States Commissioners to the Commission. Any 
     Alternate United States Commissioner may exercise, at any 
     meeting of the Commission or of the General Advisory 
     Committee or Scientific Advisory Subcommittee established 
     pursuant to section 4(b), all powers and duties of a United 
     States Commissioner in the absence of any Commissioner 
     appointed pursuant to subsection (a) of this section for 
     whatever reason. The number of such Alternate United States 
     Commissioners that may be designated for any such meeting 
     shall be limited to the number of United States Commissioners 
     appointed pursuant to subsection (a) of this section who will 
     not be present at such meeting.
       ``(c) Administrative Matters.--
       ``(1) Employment status.--Individuals serving as such 
     Commissioners, other than officers or employees of the United 
     States Government, shall not be considered Federal employees 
     except for the purposes of injury compensation or tort claims 
     liability as provided in chapter 81 of title 5, United States 
     Code, and chapter 171 of title 28, United States Code.
       ``(2) Compensation.--The United States Commissioners or 
     Alternate Commissioners, although officers of the United 
     States while so serving, shall receive no compensation for 
     their services as such Commissioners or Alternate 
     Commissioners.
       ``(3) Travel expenses.--
       ``(A) The Secretary of State shall pay the necessary travel 
     expenses of United States Commissioners and Alternate United 
     States Commissioners to meetings of the IATTC and other 
     meetings the Secretary deems necessary to fulfill their 
     duties, in accordance with the Federal Travel Regulations and 
     sections 5701, 5702, 5704 through 5708, and 5731 of title 5, 
     United States Code.
       ``(B) The Secretary may reimburse the Secretary of State 
     for amounts expended by the Secretary of State under this 
     subsection.''.

     SEC. 11545. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC 
                   ADVISORY SUBCOMMITTEE.

       Section 4 (16 U.S.C. 953) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) General Advisory Committee.--
       ``(1) Appointments; public participation; compensation.--
       ``(A) The Secretary, in consultation with the Secretary of 
     State, shall appoint a General Advisory Committee which shall 
     consist of not more than 25 individuals who shall be 
     representative of the various groups concerned with the 
     fisheries covered by the Convention, including 
     nongovernmental conservation organizations, providing to the 
     maximum extent practicable an equitable balance among such 
     groups. Members of the General Advisory Committee will be 
     eligible to participate as members of the U.S. delegation to 
     the Commission and its working groups to the extent the 
     Commission rules and space for delegations allow.
       ``(B) The chair of the Pacific Fishery Management Council's 
     Advisory Subpanel for Highly Migratory Fisheries and the 
     chair of the Western Pacific Fishery Management Council's 
     Advisory Committee shall be members of the General Advisory 
     Committee by virtue of their positions in those Councils.
       ``(C) Each member of the General Advisory Committee 
     appointed under subparagraph (A) shall serve for a term of 3 
     years and is eligible for reappointment.
       ``(D) The General Advisory Committee shall be invited to 
     attend all non-executive meetings of the United States 
     Section and at such meetings shall be given opportunity to 
     examine and to be heard on all proposed programs of 
     investigation, reports, recommendations, and regulations of 
     the Commission.
       ``(E) The General Advisory Committee shall determine its 
     organization, and prescribe its practices and procedures for 
     carrying out its functions under this chapter, the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.), and the Convention. The General Advisory 
     Committee shall publish and make available to the public a 
     statement of its organization, practices and procedures. 
     Meetings of the General Advisory Committee, except when in 
     executive session, shall be open to the public, and prior 
     notice of meetings shall be made public in timely fashion. 
     The General Advisory Committee shall not be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.).
       ``(2) Information sharing.--The Secretary and the Secretary 
     of State shall furnish the General Advisory Committee with 
     relevant information concerning fisheries and international 
     fishery agreements.
       ``(3) Administrative matters.--
       ``(A) The Secretary shall provide to the General Advisory 
     Committee in a timely manner such administrative and 
     technical support services as are necessary for its effective 
     functioning.
       ``(B) Individuals appointed to serve as a member of the 
     General Advisory Committee--
       ``(i) shall serve without pay, but while away from their 
     homes or regular places of business to attend meetings of the 
     General Advisory Committee shall be allowed travel expenses, 
     including per diem in lieu of subsistence, in the same manner 
     as persons employed intermittently in the Government service 
     are allowed expenses under section 5703 of title 5, United 
     States Code; and
       ``(ii) shall not be considered Federal employees except for 
     the purposes of injury compensation or tort claims liability 
     as provided in chapter 81 of title 5, United States Code, and 
     chapter 171 of title 28, United States Code.''; and
       (2) by striking so much of subsection (b) as precedes 
     paragraph (2) and inserting the following:
       ``(b) Scientific Advisory Committee.--(1) The Secretary, in 
     consultation with the Secretary of State, shall appoint a 
     Scientific Advisory Subcommittee of not less than 5 nor more 
     than 15 qualified scientists with balanced representation 
     from the public and private sectors, including 
     nongovernmental conservation organizations.''.

     SEC. 11546. RULEMAKING.

       Section 6 (16 U.S.C. 955) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 6. RULEMAKING.''; AND

       (2) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Regulations.--The Secretary, in consultation with the 
     Secretary of State and, with respect to enforcement measures, 
     the Secretary of the Department in which the Coast Guard is 
     operating, may promulgate such regulations as may be 
     necessary to carry out the United States international 
     obligations under the Convention and this Act, including 
     recommendations and decisions adopted by the Commission. In 
     cases where the Secretary has discretion in the 
     implementation of 1 or more measures adopted by the 
     Commission that would govern fisheries under the authority of 
     a Regional Fishery Management Council, the Secretary may, to 
     the extent practicable within the implementation schedule of 
     the Convention and any recommendations and decisions adopted 
     by the Commission, promulgate such regulations in accordance 
     with the procedures established by the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.).
       ``(b) Jurisdiction.--The Secretary may promulgate 
     regulations applicable to all vessels and persons subject to 
     the jurisdiction of the United States, including United 
     States flag vessels wherever they may be operating, on such 
     date as the Secretary shall prescribe.''.

     SEC. 11547. PROHIBITED ACTS.

       Section 8 (16 U.S.C. 957) is amended to read as follows:

     ``SEC. 8. PROHIBITED ACTS.

       ``It is unlawful for any person--
       ``(1) to violate any provision of this chapter or any 
     regulation or permit issued pursuant to this Act;
       ``(2) to use any fishing vessel to engage in fishing after 
     the revocation, or during the period of suspension, of an 
     applicable permit issued pursuant to this Act;
       ``(3) to refuse to permit any officer authorized to enforce 
     the provisions of this Act (as provided for in section 10) to 
     board a fishing vessel subject to such person's control for 
     the purposes of conducting any search, investigation or 
     inspection in connection with the enforcement of this Act or 
     any regulation, permit, or the Convention;
       ``(4) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with any 
     such authorized officer in the conduct of any search, 
     investigations, or inspection in connection with the 
     enforcement of this Act or any regulation, permit, or the 
     Convention;
       ``(5) to resist a lawful arrest for any act prohibited by 
     this Act;
       ``(6) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of, 
     any fish taken or retained in violation of this Act or any 
     regulation, permit, or agreement referred to in paragraph (1) 
     or (2);
       ``(7) to interfere with, delay, or prevent, by any means, 
     the apprehension or arrest of another person, knowing that 
     such other person has committed any act prohibited by this 
     section;
       ``(8) to knowingly and willfully submit to the Secretary 
     false information regarding any matter that the Secretary is 
     considering in the course of carrying out this Act;
       ``(9) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with any 
     observer on a vessel under this Act, or any data collector 
     employed by the National Marine Fisheries Service or under 
     contract to any person to carry out responsibilities under 
     this Act;
       ``(10) to engage in fishing in violation of any regulation 
     adopted pursuant to section 6(c) of this Act;
       ``(11) to ship, transport, purchase, sell, offer for sale, 
     import, export, or have in custody, possession, or control 
     any fish taken or retained in violation of such regulations;
       ``(12) to fail to make, keep, or furnish any catch returns, 
     statistical records, or other reports as are required by 
     regulations adopted pursuant to this Act to be made, kept, or 
     furnished;
       ``(13) to fail to stop a vessel upon being hailed and 
     instructed to stop by a duly authorized official of the 
     United States; and
       ``(14) to import, in violation of any regulation adopted 
     pursuant to section 6(c) of this Act, any fish in any form of 
     those species

[[Page 22703]]

     subject to regulation pursuant to a recommendation, 
     resolution, or decision of the Commission, or any tuna in any 
     form not under regulation but under investigation by the 
     Commission, during the period such fish have been denied 
     entry in accordance with the provisions of section 6(c) of 
     this Act, unless such person provides such proof as the 
     Secretary of Commerce may require that a fish described in 
     this paragraph offered for entry into the United States is 
     not ineligible for such entry under the terms of section 6(c) 
     of this Act.''.

     SEC. 11548. ENFORCEMENT.

       Section 10 (16 U.S.C. 959) is amended to read as follows:

     ``SEC. 10. ENFORCEMENT.

       ``This Act shall be enforced under section 11511 of the 
     International Fisheries Stewardship and Enforcement Act.''.

     SEC. 11549. REDUCTION OF BYCATCH.

       Section 15 (16 U.S.C. 962) is amended by striking 
     ``vessel'' and inserting ``vessels''.

     SEC. 11550. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 
                   1984.

       The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 
     972 et seq.) is repealed.

  TITLE CXVI--GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE 
            SANCTUARIES BOUNDARY MODIFICATION AND PROTECTION

     SEC. 11601. SHORT TITLE.

       This title may be cited as the ``Gulf of the Farallones and 
     Cordell Bank National Marine Sanctuaries Boundary 
     Modification and Protection Act''.

     SEC. 11602. FINDINGS.

       Congress finds the following:
       (1) The Gulf of the Farallones extends approximately 100 
     miles along the coast of Marin and Sonoma Counties of 
     northern California. It includes approximately one-half of 
     California's nesting seabirds, rich benthic marine life on 
     hard-rock substrate, prolific fisheries, and substantial 
     concentrations of resident and seasonally migratory marine 
     mammals.
       (2) Cordell Bank is adjacent to the Gulf of the Farallones 
     and is a submerged island with spectacular, unique, and 
     nationally significant marine environments.
       (3) These marine environments have national and 
     international significance, exceed the biological 
     productivity of tropical rain forests, and support high 
     levels of biological diversity.
       (4) These biological communities are easily susceptible to 
     damage from human activities, and must be properly conserved 
     for themselves and to protect the economic viability of their 
     contribution to national and regional economies.
       (5) The Gulf of Farallones and the Cordell Bank include 
     some of the United States richest fishing grounds and support 
     important commercial and recreational fisheries. These 
     fisheries are regulated by State and Federal fishery agencies 
     and are supported and fostered through protection of the 
     waters and habitats of Gulf of the Farallones National Marine 
     Sanctuary and Cordell Bank National Marine Sanctuary.
       (6) The report of the Commission on Ocean Policy 
     established by section 3 of the Oceans Act of 2000 (Public 
     Law 106-256; 33 U.S.C. 857-19) calls for comprehensive 
     protection for the most productive ocean environments and 
     recommends that they be managed as ecosystems.
       (7) New scientific discoveries by the Office of National 
     Marine Sanctuaries support comprehensive protection for these 
     marine environments by broadening the geographic scope of the 
     existing Gulf of the Farallones National Marine Sanctuary and 
     the Cordell Bank National Marine Sanctuary.
       (8) Cordell Bank is at the nexus of an ocean upwelling 
     system, which produces the highest biomass concentrations on 
     the west coast of the United States.

     SEC. 11603. POLICY AND PURPOSE.

       (a) Policy.--It is the policy of the United States to 
     protect and preserve living and other resources of the Gulf 
     of the Farallones and Cordell Bank marine environments.
       (b) Purpose.--The purposes of this title are the following:
       (1) To extend the boundaries of the Gulf of the Farallones 
     National Marine Sanctuary and the Cordell Bank National 
     Marine Sanctuary as described in section 11605.
       (2) To strengthen the protections that apply in the 
     Sanctuaries.
       (3) To provide for the education and interpretation for the 
     public of the ecological value and national importance of the 
     Sanctuaries.
       (4) To manage human uses of the Sanctuaries under this 
     title and the National Marine Sanctuaries Act (16 U.S.C. 1431 
     et seq.).
       (c) Effect on Fishing Activities.--Nothing in this title is 
     intended to alter any existing authorities regarding the 
     conduct and location of fishing activities in the 
     Sanctuaries.

     SEC. 11604. DEFINITIONS.

       In this title:
       (1) Cordell bank nms.--The term ``Cordell Bank NMS'' means 
     the Cordell Bank National Marine Sanctuary.
       (2) Farallones nms.--The term ``Farallones NMS'' means the 
     Gulf of the Farallones National Marine Sanctuary.
       (3) Sanctuaries.--The term ``Sanctuaries'' means the 
     Farallones NMS and the Cordell Bank NMS.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 11605. NATIONAL MARINE SANCTUARY BOUNDARY ADJUSTMENTS.

       (a) Gulf of the Farallones.--
       (1) Boundary adjustment.--The areas described in paragraph 
     (2) are added to the Farallones NMS described in part 922.80 
     of title 15, Code of Federal Regulations, as in effect on the 
     date of the enactment of this Act.
       (2) Areas included.--
       (A) In general.--The areas referred to in paragraph (1) are 
     the following:
       (i) All submerged lands and waters, including living marine 
     and other resources within and on those lands and waters, 
     from the mean high water line to the boundary described in 
     subparagraph (B).
       (ii) The submerged lands and waters, including living 
     marine and other resources within those waters, within the 
     approximately two-square-nautical-mile portion of the Cordell 
     Bank NMS (as in effect immediately before the enactment of 
     this Act) that is located south of the area that is added to 
     Cordell Bank NMS by subsection (b)(2).
       (B) Boundary described.--The boundary referred to in 
     subparagraph (A)(i) commences from the mean high water line 
     (referred to in this subparagraph as the ``MHWL'') at 
     39.00000 degrees north in a westward direction approximately 
     29 nautical miles (referred to in this subparagraph as 
     ``nm'') to 39.00000 north, 124.33333 west. The boundary then 
     extends in a southeasterly direction to 38.30000 degrees 
     north, 124.00000 degrees west, approximately 44 nm westward 
     of Bodega Head. The boundary then extends eastward to the 
     most northeastern corner of the expanded Cordell Bank NMS at 
     38.30000 north, 123.20000 degrees west, approximately 6 nm 
     miles westward of Bodega Head. The boundary then extends in a 
     southeasterly direction to 38.26390 degrees north, 123.18138 
     degrees west at the northwestern most point of the current 
     Gulf of the Farallones Boundary. The boundary then follows 
     the current northern Gulf of the Farallones NMS boundary in a 
     northeasterly direction to the MHWL near Bodega Head. The 
     boundary then follows the MHWL in a northeasterly and 
     northwesterly direction to the commencement point at the 
     intersection of the MHWL and 39.00000 north. Coordinates 
     listed in this subparagraph are based on the North American 
     Datum 1983 and the geographic projection.
       (b) Cordell Bank.--
       (1) Boundary adjustment.--The area described in paragraph 
     (2) is added to the existing Cordell Bank NMS described in 
     part 922.80 of title 15, Code of Federal Regulations, as in 
     effect on the date of the enactment of this Act.
       (2) Area included.--
       (A) In general.--The area referred to in paragraph (1) 
     consists of all submerged lands and waters, including living 
     marine and other resources within those waters, within the 
     boundary described in subparagraph (B).
       (B) Boundary.--The boundary referred to in subparagraph (A) 
     commences at the most northeastern point of the Cordell Bank 
     NMS boundary (as in effect immediately before the enactment 
     of this Act) at 38.26390 degrees north, 123.18138 degrees 
     west and extends northwestward to 38.30000 degrees north, 
     123.20000 degrees west, approximately 6 nautical miles 
     (referred to in this subparagraph as ``nm'') west of Bodega 
     Head. The boundary then extends westward to 38.30000 degrees 
     north, 124.00000 degrees west, approximately 44 nautical 
     miles west of Bodega Head. The boundary then turns 
     southeastward and continues approximately 34 nautical miles 
     to 37.76687 degrees north, 123.75142 degrees west, and then 
     approximately 15 nm eastward to 37.76687 north, 123.42694 
     west at an intersection with the current Cordell Bank NMS 
     boundary. The boundary then follows the current Cordell Bank 
     NMS boundary, which is coterminous with the current Gulf of 
     the Farallones boundary, in a northeasterly and then 
     northwesterly direction to its commencement point at 38.26390 
     degrees north, 123.18138 degrees west. Coordinates listed in 
     this subparagraph are based on NAD83 Datum and the geographic 
     projection.
       (c) Inclusion in the System.--The areas included in the 
     Sanctuaries under subsections (a) and (b) shall be managed as 
     part of the National Marine Sanctuary System, established by 
     section 301(c) of the National Marine Sanctuaries Act (16 
     U.S.C. 1431(c)), in accordance with that Act.
       (d) Updated NOAA Charts.--The Secretary shall--
       (1) produce updated National Oceanic and Atmospheric 
     Administration nautical charts for the areas in which the 
     Sanctuaries are located, as modified by subsections (a) and 
     (b); and
       (2) include on those nautical charts the boundaries of the 
     Sanctuaries, as so modified.
       (e) Boundary Adjustments.--In producing revised nautical 
     charts required by subsection (d) and in describing the 
     boundaries in regulations issued by the Secretary, the 
     Secretary may make technical modifications to the boundaries 
     described in this section for clarity and ease of 
     identification, as appropriate.

[[Page 22704]]



     SEC. 11606. MANAGEMENT PLANS AND REGULATIONS.

       (a) Draft Plans.--Not later than 24 months after the date 
     of the enactment of this Act, the Secretary shall complete a 
     draft supplemental management plan for each of the 
     Sanctuaries, as modified by subsections (a) and (b) of 
     section 11605, that--
       (1) focuses on management of the areas of the Sanctuaries 
     described in such subsections (a) and (b); and
       (2) does not weaken the resource protections in effect on 
     the date of the enactment of this Act for the Sanctuaries.
       (b) Revised Plans.--
       (1) Requirement to revise.--The Secretary shall issue a 
     revised management plan for each of the Sanctuaries at the 
     conclusion of the first management review for the Sanctuaries 
     initiated after the date of the enactment of this Act under 
     section 304(e) of the National Marine Sanctuaries Act (16 
     U.S.C. 1434(e)) and issue such final regulations as may be 
     necessary to implement such plans.
       (2) Contents of plans.--Revisions to the management plan 
     for each of the Sanctuaries under this section shall, in 
     addition to matters required under section 304(a)(2) of the 
     National Marine Sanctuaries Act (16 U.S.C. 1434(a)(2))--
       (A) facilitate all appropriate public and private uses of 
     the national marine sanctuary to which each respective plan 
     applies consistent with the primary objective of sanctuary 
     resource protection;
       (B) establish temporal and geographical zoning if necessary 
     to ensure protection of the resources of each of the 
     Sanctuaries;
       (C) identify priority needs for research--
       (i) to improve management of the Sanctuaries; or
       (ii) to diminish threats to the health of the ecosystems in 
     the Sanctuaries;
       (D) establish a long-term ecological monitoring program and 
     database, including the development and implementation of a 
     resource information system to disseminate information on the 
     ecosystem, history, culture, and management of the 
     Sanctuaries;
       (E) identify alternative sources of funding needed to fully 
     implement the provisions of each such plan to supplement 
     appropriations made to carry out the National Marine 
     Sanctuaries Act (16 U.S.C. 1431 et seq.);
       (F) ensure coordination and cooperation between the 
     superintendents of each of the Sanctuaries and other Federal, 
     State, and local authorities with jurisdiction over areas 
     within or adjacent to one of the Sanctuaries to manage issues 
     affecting the Sanctuaries, including surface water runoff, 
     stream and river drainages, and navigation;
       (G) in the case of revisions to such plan for the 
     Farallones NMS, promote cooperation with farmers and ranchers 
     operating in the watersheds adjacent to the Farallones NMS 
     and establish voluntary best management practices programs;
       (H) promote cooperative and educational programs with 
     fishing vessel operators and crews operating in the waters of 
     the Sanctuaries, and, whenever possible, include individuals 
     who engage in fishing and their vessels in cooperative 
     research, assessment, and monitoring programs and educational 
     programs to promote sustainable fisheries, conservation of 
     resources, and navigational safety; and
       (I) promote education and public awareness, among users of 
     the Sanctuaries, about the need for marine resource 
     conservation and safe navigation and marine transportation.
       (c) Application of Existing Regulations.--The regulations 
     for Farallones NMS in subpart H of part 922 of title 15, Code 
     of Federal Regulations (or any corresponding similar 
     regulation) or of the Cordell Bank NMS in subpart K of such 
     part 922 (or any corresponding similar regulation), including 
     any regulations issued as a result of a joint management plan 
     review for the Sanctuaries conducted pursuant to section 
     304(e) of the National Marine Sanctuaries Act (16 U.S.C. 
     1434(e)), shall apply to the areas added to each Sanctuary, 
     respectively, under subsection (a) or (b) of section 5 until 
     the Secretary modifies such regulations in accordance with 
     subsection (d) of this section.
       (d) Revised Regulations.--
       (1) In general.--Not later than 24 months after the date of 
     the enactment of this Act, the Secretary shall--
       (A) carry out an assessment of necessary revisions to the 
     regulations for the Sanctuaries to ensure the protection of 
     the resources of the Sanctuaries in a manner that is 
     consistent with the purposes and policies of the National 
     Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the goals 
     and objectives for the areas added to either of the 
     Sanctuaries under subsection (a) or (b) of section 11605; and
       (B) issue final regulations for the Sanctuaries that 
     include any revisions identified in the assessment carried 
     out under subparagraph (A).
       (2) Regulation of specific activities.--In carrying out the 
     assessment required by paragraph (1)(A), the Secretary shall 
     consider appropriate regulations for--
       (A) the deposit or release of introduced species into the 
     Sanctuaries; and
       (B) the alteration of stream and river drainage into the 
     Sanctuaries.
       (3) Considerations.--In carrying out the assessment 
     required by paragraph (1)(A), the Secretary shall consider 
     exempting from further regulation under the National Marine 
     Sanctuaries Act or this title discharges that are permitted 
     under a National Pollution Discharge Elimination System 
     permit that is in effect on the date of the enactment of this 
     Act, or under a new or renewed National Pollution Discharge 
     Elimination System permit if such permit--
       (A) does not increase pollution in the Sanctuaries; and
       (B) that originates--
       (i) in the Russian River Watershed outside the boundaries 
     of the Gulf of the Farallones National Marine Sanctuary; or
       (ii) from the Bodega Marine Laboratory.
       (e) Public Participation.--The Secretary shall provide for 
     the participation of the general public in the review and 
     revision of the management plans for the Sanctuaries and 
     relevant regulations under this section.

     SEC. 11607. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary to 
     carry out this title--
       (1) $3,000,000 for each of fiscal years 2011 through 2015, 
     for activities other than construction and acquisition 
     activities; and
       (2) $3,500,000 for fiscal year 2011 and such sums as may be 
     necessary for each of fiscal years 2012 through 2015 for 
     construction and acquisition activities.

           TITLE CXVII--THUNDER BAY NATIONAL MARINE SANCTUARY

     SEC. 11701. SHORT TITLE.

       This title may be cited as the ``Thunder Bay National 
     Marine Sanctuary and Underwater Preserve Boundary 
     Modification Act''.

     SEC. 11702. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Thunder Bay National Marine Sanctuary and Underwater 
     Preserve in Lake Huron contains more than 100 recorded 
     historic vessel losses.
       (2) The areas immediately surrounding the Sanctuary, 
     including the offshore waters of Presque Isle and Alcona 
     counties, Michigan, contain an equal number of historic 
     vessel losses.
       (3) Many of these shipwrecks and underwater cultural 
     resources are popular recreational diving destinations and 
     all contribute to our collective maritime heritage.
       (4) These resources are susceptible to damage from human 
     activities and must be properly preserved for their innate 
     value and to protect the economic viability of their 
     contribution to national and regional economies.
       (b) Purposes.--The purposes of this title are--
       (1) to expand the Thunder Bay National Marine Sanctuary and 
     Underwater Preserve boundaries to encompass the offshore 
     waters of Presque Isle and Alcona counties, Michigan, and 
     outward to the international border between the United States 
     and Canada; and
       (2) to provide the underwater cultural resources of those 
     areas equal protection to that currently afforded to the 
     Sanctuary.

     SEC. 11703. DEFINITIONS.

       In this title:
       (1) Sanctuary.--The term ``Sanctuary'' means the Thunder 
     Bay National Marine Sanctuary and Underwater Preserve.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 11704. SANCTUARY BOUNDARY ADJUSTMENT.

       (a) Boundary Adjustment.--Notwithstanding any other 
     provision of law, including section 922.190 of title 15, Code 
     of Federal Regulations, as in effect on the date of the 
     enactment of this Act, the Sanctuary shall consist of the 
     geographic area described in subsection (b).
       (b) Expanded Sanctuary Boundary.--The area referred to in 
     subsection (a) is all submerged lands, including the 
     underwater cultural resources, lakeward of the mean high 
     water line, within the boundaries of a line formed by 
     connecting points in succession beginning at a point along 
     the mean high water line located approximately at 45.6262N, 
     84.2043W at the intersection of the northern Presque Isle and 
     northeastern Cheboygan County boundary, then north to a point 
     approximately 45.7523N, 84.2011W, then northeast to a point 
     approximately 45.7777N, 84.1231W, then due east to the 
     international boundary between the United States and Canada 
     approximately located at 45.7719N, 83.4840W then following 
     the international boundary between the United States and 
     Canada in a generally southeasterly direction to a point 
     located approximately at 44.5128N, 82.3295W, then due west to 
     a point along the mean high water line located approximately 
     at 44.5116N, 83.3186W at the intersection of the southern 
     Alcona County and northern Iosco County boundary, returning 
     to the first point along the mean high water line.
       (c) Authority to Make Minor Adjustments.--The Secretary may 
     make minor adjustments to the boundary described in 
     subsection (b) to facilitate enforcement and clarify the 
     boundary to the public if the resulting boundary is 
     consistent with the purposes described in section 11702(b).
       (d) Inclusion in the National Marine Sanctuary System.--The 
     area described in subsection (b), as modified in accordance 
     with subsection (c), shall be managed as part

[[Page 22705]]

     of the National Marine Sanctuary System established by 
     section 301(c) of the National Marine Sanctuaries Act (16 
     U.S.C. 1431(c)), in accordance with that Act.
       (e) Updated National Oceanic and Atmospheric Administration 
     Charts.--The Secretary shall--
       (1) produce updated National Oceanic and Atmospheric 
     Administration charts for the area in which the Sanctuary is 
     located; and
       (2) include on such charts the boundaries of the Sanctuary 
     described in subsection (b), as modified in accordance with 
     subsection (c).

     SEC. 11705. EXTENSION OF REGULATIONS AND MANAGEMENT.

       (a) Regulations.--The regulations applicable to the 
     Sanctuary codified in subpart R of part 922 of title 15, Code 
     of Federal Regulations, as in effect on the date of the 
     enactment of this Act, shall apply to the geographic area 
     added to the Sanctuary pursuant to section 11704, unless the 
     Secretary specifies otherwise by regulation.
       (b) Existing Certifications.--The Secretary may certify 
     that any license, permit, approval, other authorization, or 
     right to conduct a prohibited activity authorized pursuant to 
     section 922.194 of title 15, Code of Federal Regulations, 
     that exists on the date of the enactment of this Act shall 
     apply to such an activity conducted within the geographic 
     area added to the Sanctuary pursuant to section 11704.
       (c) Date of Sanctuary Designation.--For purposes of section 
     922.194 of title 15, Code of Federal Regulations, the date of 
     Sanctuary designation shall be the date of the enactment of 
     this Act.
       (d) Management Plan.--To the extent practicable, the 
     Secretary shall apply the management plan in effect for the 
     Sanctuary on the date of the enactment of this Act to the 
     geographic area added to the Sanctuary pursuant to section 
     11704.

    TITLE CXVIII--NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE 
                     REAUTHORIZATION AND EXPANSION

     SEC. 11801. SHORT TITLE.

       This title may be cited as the ``Northwest Straits Marine 
     Conservation Initiative Reauthorization Act of 2010''.

     SEC. 11802. REAUTHORIZATION OF NORTHWEST STRAITS MARINE 
                   CONSERVATION INITIATIVE ACT.

       The Northwest Straits Marine Conservation Initiative Act 
     (title IV of Public Law 105-384; 112 Stat. 3458) is amended--
       (1) by striking ``Commission (in this title referred to as 
     the `Commission').'' and inserting ``Commission.'';
       (2) by striking sections 403 and 404;
       (3) by redesignating section 405 as section 410; and
       (4) by inserting after section 402 the following:

     ``SEC. 403. FINDINGS.

       ``Congress makes the following findings:
       ``(1) The marine waters and ecosystem of the Northwest 
     Straits in Puget Sound in the State of Washington represent a 
     unique resource of enormous environmental and economic value 
     to the people of the United States.
       ``(2) During the 20th century, the environmental health of 
     the Northwest Straits declined dramatically as indicated by 
     impaired water quality, declines in marine wildlife, collapse 
     of harvestable marine species, loss of critical marine 
     habitats, ocean acidification, and sea level rise.
       ``(3) At the start of the 21st century, the Northwest 
     Straits have been threatened by sea level rise, ocean 
     acidification, and other effects of climate change.
       ``(4) In 1998, the Northwest Straits Marine Conservation 
     Initiative Act (title IV of Public Law 105-384) was enacted 
     to tap the unprecedented level of citizen stewardship 
     demonstrated in the Northwest Straits and create a mechanism 
     to mobilize public support and raise capacity for local 
     efforts to protect and restore the ecosystem of the Northwest 
     Straits.
       ``(5) The Northwest Straits Marine Conservation Initiative 
     helps the National Oceanic and Atmospheric Administration and 
     other Federal agencies with their marine missions by 
     fostering local interest in marine issues and involving 
     diverse groups of citizens.
       ``(6) The Northwest Straits Marine Conservation Initiative 
     shares many of the same goals with the National Oceanic and 
     Atmospheric Administration, including fostering citizen 
     stewardship of marine resources, general ecosystem 
     management, and protecting federally managed marine species.
       ``(7) Ocean literacy and identification and removal of 
     marine debris projects are examples of on-going partnerships 
     between the Northwest Straits Marine Conservation Initiative 
     and the National Oceanic and Atmospheric Administration.

     ``SEC. 404. DEFINITIONS.

       ``In this title:
       ``(1) Commission.--The term `Commission' means the 
     Northwest Straits Advisory Commission established by section 
     402.
       ``(2) Indian tribe.--The term `Indian tribe' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       ``(3) Northwest straits.--The term `Northwest Straits' 
     means the marine waters of the Strait of Juan de Fuca and of 
     Puget Sound from the Canadian border to the south end of 
     Snohomish County.

     ``SEC. 405. MEMBERSHIP OF THE COMMISSION.

       ``(a) Composition.--The Commission shall be composed of up 
     to 14 members who shall be appointed as follows:
       ``(1) One member appointed by a consensus of the members of 
     a marine resources committee established under section 408 
     for each of the following counties of the State of 
     Washington:
       ``(A) San Juan County.
       ``(B) Island County.
       ``(C) Skagit County.
       ``(D) Whatcom County.
       ``(E) Snohomish County.
       ``(F) Clallam County.
       ``(G) Jefferson County.
       ``(2) Two members appointed by the Secretary of the 
     Interior in trust capacity and in consultation with the 
     Northwest Indian Fisheries Commission or the Indian tribes 
     affected by this title collectively, as the Secretary of the 
     Interior considers appropriate, to represent the interests of 
     such tribes.
       ``(3) One member appointed by the Governor of the State of 
     Washington to represent the interests of the Puget Sound 
     Partnership.
       ``(4) Four members appointed by the Governor of the State 
     of Washington who--
       ``(A) are residents of the State of Washington; and
       ``(B) are not employed by a Federal, State, or local 
     government.
       ``(b) Vacancies.--A vacancy in the Commission shall be 
     filled in the manner in which the original appointment was 
     made.
       ``(c) Chairperson.--The Commission shall select a 
     Chairperson from among its members.
       ``(d) Meeting.--The Commission shall meet at the call of 
     the Chairperson, but not less frequently than quarterly.
       ``(e) Liaison.--
       ``(1) In general.--The Secretary of Commerce shall, acting 
     through the Under Secretary for Oceans and Atmosphere and in 
     consultation with the Director of the Commission appointed 
     under section 407(a), appoint an employee of the National 
     Oceanic and Atmospheric Administration--
       ``(A) to serve as a liaison between the Commission and the 
     Department of Commerce; and
       ``(B) to attend meetings and other events of the Commission 
     as a nonvoting participant.
       ``(2) Limitation.--Service as a member of the Commission by 
     the employee appointed under paragraph (1)--
       ``(A) is limited to the employee's service as a liaison and 
     attendance of meetings and other events as a nonvoting 
     participant; and
       ``(B) does not obligate the employee to perform any duty of 
     the Commission under section 406(b).

     ``SEC. 406. GOAL AND DUTIES OF THE COMMISSION.

       ``(a) Goal.--The goal of the Commission is to protect and 
     restore the marine waters, habitats, and species of the 
     Northwest Straits region to achieve ecosystem health and 
     sustainable resource use by--
       ``(1) designing and initiating projects that are driven by 
     sound science, local priorities, community-based decisions, 
     and the ability to measure results;
       ``(2) building awareness and stewardship and making 
     recommendations to improve the health of the Northwest 
     Straits marine resources;
       ``(3) maintaining and expanding diverse membership and 
     partner organizations;
       ``(4) expanding partnerships with governments of Indian 
     tribes and continuing to foster respect for tribal cultures 
     and treaties; and
       ``(5) recognizing the importance of economic and social 
     benefits that are dependent on marine environments and 
     sustainable marine resources.
       ``(b) Duties.--The duties of the Commission are the 
     following:
       ``(1) To provide resources and technical support for marine 
     resources committees established under section 408.
       ``(2) To work with such marine resources committees and 
     appropriate entities of Federal and State governments and 
     Indian tribes to develop programs to monitor the overall 
     health of the marine ecosystem of the Northwest Straits.
       ``(3) To identify factors adversely affecting or preventing 
     the restoration of the health of the marine ecosystem and 
     coastal economies of the Northwest Straits.
       ``(4) To develop scientifically sound restoration and 
     protection recommendations, informed by local priorities, 
     that address such factors.
       ``(5) To assist in facilitating the successful 
     implementation of such recommendations by developing broad 
     support among appropriate authorities, stakeholder groups, 
     and local communities.
       ``(6) To develop and implement regional projects based on 
     such recommendations to protect and restore the Northwest 
     Straits ecosystem.
       ``(7) To serve as a public forum for the discussion of 
     policies and actions of Federal, State, or local government, 
     an Indian tribe, or the Government of Canada with respect to 
     the marine ecosystem of the Northwest Straits.
       ``(8) To inform appropriate authorities and local 
     communities about the marine ecosystem of the Northwest 
     Straits and about

[[Page 22706]]

     issues relating to the marine ecosystem of the Northwest 
     Straits.
       ``(9) To consult with all affected Indian tribes in the 
     region of the Northwest Straits to ensure that the work of 
     the Commission does not violate tribal treaty rights.
       ``(c) Benchmarks.--The Commission shall carry out its 
     duties in a manner that promotes the achieving of the 
     benchmarks described in subsection (f)(2).
       ``(d) Coordination and Collaboration.--The Commission shall 
     carry out the duties described in subsection (b) in 
     coordination and collaboration, when appropriate, with 
     Federal, State, and local governments and Indian tribes.
       ``(e) Regulatory Authority.--The Commission shall have no 
     power to issue regulations.
       ``(f) Annual Report.--
       ``(1) In general.--Each year, the Commission shall prepare, 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and the Under 
     Secretary for Oceans and Atmosphere, and make available to 
     the public an annual report describing--
       ``(A) the activities carried out by the Commission during 
     the preceding year; and
       ``(B) the progress of the Commission in achieving the 
     benchmarks described in paragraph (2).
       ``(2) Benchmarks.--The benchmarks described in this 
     paragraph are the following:
       ``(A) Protection and restoration of marine, coastal, and 
     nearshore habitats.
       ``(B) Prevention of loss and achievement of a net gain of 
     healthy habitat areas.
       ``(C) Protection and restoration of marine populations to 
     healthy, sustainable levels.
       ``(D) Protection of the marine water quality of the 
     Northwest Straits region and restoration of the health of 
     marine waters.
       ``(E) Collection of high-quality data and promotion of the 
     use and dissemination of such data.
       ``(F) Promotion of stewardship and understanding of 
     Northwest Straits marine resources through education and 
     outreach.

     ``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS.

       ``(a) Director.--The Manager of the Shorelands and 
     Environmental Assistance Program of the Department of Ecology 
     of the State of Washington may, upon the recommendation of 
     the Commission and the Director of the Padilla Bay National 
     Estuarine Research Reserve, appoint and terminate a Director 
     of the Commission. The employment of the Director shall be 
     subject to confirmation by the Commission.
       ``(b) Staff.--The Director may hire such other personnel as 
     may be appropriate to enable the Commission to perform its 
     duties. Such personnel shall be hired through the personnel 
     system of the Department of Ecology of the State of 
     Washington.
       ``(c) Administrative Services.--If the Governor of the 
     State of Washington makes available to the Commission the 
     administrative services of the State of Washington Department 
     of Ecology and Padilla Bay National Estuarine Research 
     Reserve, the Commission shall use such services for 
     employment, procurement, grant and fiscal management, and 
     support services necessary to carry out the duties of the 
     Commission.

     ``SEC. 408. MARINE RESOURCES COMMITTEES.

       ``(a) In General.--The government of each of the counties 
     referred to in subparagraphs (A) through (G) of section 
     405(a)(1) may establish a marine resources committee that--
       ``(1) complies with the requirements of this section; and
       ``(2) receives from such government the mission, direction, 
     expert assistance, and financial resources necessary--
       ``(A) to address issues affecting the marine ecosystems 
     within its county; and
       ``(B) to work to achieve the benchmarks described in 
     section 406(f)(2).
       ``(b) Membership.--
       ``(1) In general.--Each marine resources committee 
     established pursuant to this section shall be composed of--
       ``(A) members with relevant scientific expertise; and
       ``(B) members that represent balanced representation, 
     including representation of--
       ``(i) local governments, including planning staff from 
     counties and cities with marine shorelines;
       ``(ii) affected economic interests, such as ports and 
     commercial fishers;
       ``(iii) affected recreational interests, such as sport 
     fishers; and
       ``(iv) conservation and environmental interests.
       ``(2) Tribal members.--With respect to a county referred to 
     in subparagraphs (A) through (G) of section 405(a)(1), each 
     Indian tribe with usual and accustomed fishing rights in the 
     waters of such county and each Indian tribe with reservation 
     lands in such county, may appoint one member to the marine 
     resources committee for such county. Such member may be 
     appointed by the respective tribal authority.
       ``(3) Chairperson.--
       ``(A) In general.--Each marine resources committee 
     established pursuant to this section shall select a 
     chairperson from among members by a majority vote of the 
     members of the committee.
       ``(B) Rotating position.--Each marine resources committee 
     established pursuant to this section shall select a new 
     chairperson at a frequency determined by the county charter 
     of the marine resources committee to create a diversity of 
     representation in the leadership of the marine resources 
     committee.
       ``(c) Duties.--The duties of a marine resources committee 
     established pursuant to this section are the following:
       ``(1) To assist in assessing marine resource problems in 
     concert with governmental agencies, tribes, and other 
     entities.
       ``(2) To assist in identifying local implications, needs, 
     and strategies associated with the recovery of Puget Sound 
     salmon and other species in the region of the Northwest 
     Straits listed under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) in coordination with Federal, State, and 
     local governments, Indian tribes, and other entities.
       ``(3) To work with other entities to enhance the scientific 
     baseline and monitoring program for the marine environment of 
     the Northwest Straits.
       ``(4) To identify local priorities for marine resource 
     conservation and develop new projects to address those needs.
       ``(5) To work closely with county leadership to implement 
     local marine conservation and restoration initiatives.
       ``(6) To coordinate with the Commission on marine ecosystem 
     objectives.
       ``(7) To educate the public and key constituencies 
     regarding the relationship between healthy marine habitats, 
     harvestable resources, and human activities.

     ``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION.

       ``(a) Establishment.--The Director of the Commission and 
     the Director of the Padilla Bay National Estuarine Research 
     Reserve may enter into an agreement with an organization 
     described in section 501(c)(3) of the Internal Revenue Code 
     of 1986 to establish a nonprofit foundation to support the 
     Commission and the marine resources committees established 
     under section 408 in carrying out their duties under this 
     title.
       ``(b) Designation.--The foundation authorized by subsection 
     (a) shall be known as the `Northwest Straits Marine 
     Conservation Foundation'.
       ``(c) Receipt of Grants.--The Northwest Straits Marine 
     Conservation Foundation may, if eligible, apply for, accept, 
     and use grants awarded by Federal agencies, States, local 
     governments, regional agencies, interstate agencies, 
     corporations, foundations, or other persons to assist the 
     Commission and the marine resources committees in carrying 
     out their duties under this title.
       ``(d) Transfer of Funds.--The Northwest Straits Marine 
     Conservation Foundation may transfer funds to the Commission 
     or the marine resources committees to assist them in carrying 
     out their duties under this title.

     ``SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Secretary 
     of Commerce for the use of the Commission such sums as may be 
     necessary to carry out the provisions of this title.''.

     TITLE CXIX--HARMFUL ALGAL BLOOMS HYPOXIA RESEARCH AND CONTROL

     SEC. 11901. SHORT TITLE.

       This title may be cited as the ``Harmful Algal Blooms and 
     Hypoxia Research and Control Amendments Act of 2010''.

     SEC. 11902. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA 
                   RESEARCH AND CONTROL ACT OF 1998.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Harmful Algal Bloom and Hypoxia 
     Research and Control Act of 1998 (16 U.S.C. 1451 note).

     SEC. 11903. FINDINGS.

       Section 602 is amended to read as follows:

     ``SEC. 602. FINDINGS.

       ``Congress finds the following:
       ``(1) Harmful algal blooms and hypoxia--
       ``(A) are increasing in frequency and intensity in the 
     Nation's coastal waters and Great Lakes;
       ``(B) pose a threat to the health of coastal and Great 
     Lakes ecosystems;
       ``(C) are costly to coastal economies; and
       ``(D) threaten the safety of seafood and human health.
       ``(2) Excessive nutrients in coastal waters have been 
     linked to the increased intensity and frequency of hypoxia 
     and some harmful algal blooms. There is a need to identify 
     more workable and effective actions to reduce the negative 
     impacts of harmful algal blooms and hypoxia on coastal 
     waters.
       ``(3) The National Oceanic and Atmospheric Administration, 
     through its ongoing research, monitoring, observing, 
     education, grant, and coastal resource management programs 
     and in collaboration with the other Federal agencies on the 
     Interagency Task Force, along with States, Indian tribes, and 
     local governments, possesses capabilities necessary to 
     support a near and long-term comprehensive effort to prevent, 
     reduce, and control the human and environmental costs of 
     harmful algal blooms and hypoxia.
       ``(4) Harmful algal blooms and hypoxia can be triggered and 
     exacerbated by increases in nutrient loading from point and 
     nonpoint

[[Page 22707]]

     sources. Since much of these increases originate in upland 
     areas and are delivered to marine and freshwater bodies via 
     river discharge, integrated and landscape-level research and 
     control strategies are required.
       ``(5) Harmful algal blooms and hypoxia affect many sectors 
     of the coastal economy, including tourism, public health, and 
     recreational and commercial fisheries. According to a recent 
     report produced by the National Oceanic and Atmospheric 
     Administration, the United States seafood and tourism 
     industries suffer annual losses of $82,000,000 due to 
     economic impacts of harmful algal blooms.
       ``(6) Global climate change and its effect on oceans and 
     the Great Lakes may ultimately affect harmful algal bloom and 
     hypoxic events.
       ``(7) Proliferations of harmful and nuisance algae can 
     occur in all United States waters, including coastal areas 
     and estuaries, the Great Lakes, and inland waterways, 
     crossing political boundaries and necessitating regional 
     coordination for research, monitoring, mitigation, response, 
     and prevention efforts.
       ``(8) After the passage of the Harmful Algal Bloom and 
     Hypoxia Research and Control Act of 1998, federally funded 
     and other research has led to several technological advances, 
     including remote sensing, molecular and optical tools, 
     satellite imagery, and coastal and ocean observing systems, 
     that--
       ``(A) provide data for forecast models;
       ``(B) improve the monitoring and prediction of these 
     events; and
       ``(C) provide essential decisionmaking tools for managers 
     and stakeholders.''.

     SEC. 11904. PURPOSES.

       The Act is amended by inserting after section 602, as 
     amended by section 11903 of this title, the following:

     ``SEC. 602A. PURPOSES.

       ``The purposes of this title are--
       ``(1) to provide for the development and coordination of a 
     comprehensive and integrated national program to address 
     harmful algal blooms and hypoxia through baseline research, 
     monitoring, prevention, mitigation, and control;
       ``(2) to provide for the assessment of environmental, 
     socioeconomic, and human health impacts of harmful algal 
     blooms and hypoxia on a regional and national scale, and to 
     integrate this assessment into marine and freshwater resource 
     decisions; and
       ``(3) to facilitate regional, State, tribal, and local 
     efforts to develop and implement appropriate harmful algal 
     bloom and hypoxia response plans, strategies, and tools 
     including outreach programs and information dissemination 
     mechanisms.''.

     SEC. 11905. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS 
                   AND HYPOXIA.

       Section 603(a) is amended--
       (1) in each of paragraphs (1) through (11), by striking 
     ``the'' the first instance such term appears and inserting 
     ``The'';
       (2) in each of paragraphs (1) through (10), by striking the 
     semicolon and inserting a period;
       (3) in paragraph (11), by striking ``Quality; and'' and 
     inserting ``Quality.'';
       (4) by redesignating paragraph (12) as paragraph (13);
       (5) by inserting after paragraph (11) the following:
       ``(12) The Centers for Disease Control.''; and
       (6) in paragraph (13), as redesignated, by striking ``such 
     other'' and inserting ``Other''.

     SEC. 11906. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

       The Act is amended by inserting after section 603 the 
     following:

     ``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 
                   PROGRAM.

       ``(a) Establishment.--The Under Secretary, acting through 
     the Task Force established under section 603(a), shall 
     establish and maintain a national harmful algal bloom and 
     hypoxia program in accordance with this section.
       ``(b) Action Strategy.--
       ``(1) In general.--The Task Force shall develop a national 
     harmful algal blooms and hypoxia action strategy that--
       ``(A) is consistent with the purposes of this title;
       ``(B) includes a statement of goals and objectives; and
       ``(C) includes an implementation plan.
       ``(2) Publication.--Once the action strategy is developed, 
     the Task Force shall--
       ``(A) submit the action strategy to Congress; and
       ``(B) publish the action strategy in the Federal Register.
       ``(3) Periodic revision.--The Task Force shall periodically 
     review and revise the action strategy as necessary.
       ``(c) Task Force Functions.--The Task Force shall--
       ``(1) coordinate interagency review of plans and policies 
     of the Program;
       ``(2) assess interagency work and spending plans for 
     implementing the activities of the Program;
       ``(3) review the Program's distribution of Federal grants 
     and funding to address research priorities;
       ``(4) support the implementation of the actions and 
     strategies identified in the Regional Research and Action 
     Plans under subsection (e);
       ``(5) support the development of institutional mechanisms 
     and financial instruments to further the goals of the 
     program;
       ``(6) coordinate and integrate the research of all Federal 
     programs, including ocean and Great Lakes science and 
     management programs and centers, that address the chemical, 
     biological, and physical components of marine and freshwater 
     harmful algal blooms and hypoxia;
       ``(7) expedite the interagency review process by ensuring 
     timely review and dispersal of required reports and 
     assessments under this title;
       ``(8) promote the development of new technologies for 
     predicting, monitoring, and mitigating harmful algal blooms 
     and hypoxia conditions; and
       ``(9) establish such interagency working groups that the 
     Task Force determines to be necessary.
       ``(d) Lead Federal Agency.--The National Oceanic and 
     Atmospheric Administration shall have primary responsibility 
     for administering the Program.
       ``(e) Program Duties.--In administering the Program, the 
     Under Secretary shall--
       ``(1) develop and promote a national strategy to 
     understand, detect, predict, control, mitigate, and respond 
     to marine and freshwater harmful algal bloom and hypoxia 
     events;
       ``(2) prepare work and spending plans for implementing the 
     activities of the Program and developing and implementing the 
     Regional Research and Action Plans;
       ``(3) administer merit-based, competitive grant funding--
       ``(A) to support the projects maintained and established by 
     the Program; and
       ``(B) to address the research and management needs and 
     priorities identified in the Regional Research and Action 
     Plans;
       ``(4) coordinate and work cooperatively with regional, 
     State, tribal, and local government agencies and programs 
     that address marine and freshwater harmful algal blooms and 
     hypoxia;
       ``(5) coordinate with the Secretary of State to support 
     international efforts on marine and freshwater harmful algal 
     bloom and hypoxia information sharing, research, mitigation, 
     control, and response activities;
       ``(6) identify additional research, development, and 
     demonstration needs and priorities relating to monitoring, 
     prevention, control, mitigation, and response to marine and 
     freshwater harmful algal blooms and hypoxia, including 
     methods and technologies to protect the ecosystems affected 
     by marine and freshwater harmful algal blooms;
       ``(7) integrate, coordinate, and augment existing education 
     programs to improve public understanding and awareness of the 
     causes, impacts, and mitigation efforts for marine and 
     freshwater harmful algal blooms and hypoxia;
       ``(8) facilitate and provide resources for training State 
     and local coastal and water resource managers in the methods 
     and technologies for monitoring, controlling, and mitigating 
     marine and freshwater harmful algal blooms and hypoxia;
       ``(9) support regional efforts to control and mitigate 
     outbreaks through--
       ``(A) communication of the contents of the Regional 
     Research and Action Plans and maintenance of online data 
     portals for other information about harmful algal blooms and 
     hypoxia to State and local stakeholders within the region for 
     which each plan is developed; and
       ``(B) overseeing the development, review, and periodic 
     updating of Regional Research and Action Plans;
       ``(10) convene at least 1 meeting of the Task Force each 
     year; and
       ``(11) perform such other tasks as may be delegated by the 
     Task Force.
       ``(f) NOAA Activities.--The Under Secretary shall--
       ``(1) maintain and enhance the following existing 
     competitive programs at the National Oceanic and Atmospheric 
     Administration relating to marine and freshwater algal blooms 
     and hypoxia;
       ``(2) carry out marine and Great Lakes harmful algal bloom 
     and hypoxia events response activities;
       ``(3) carry out, in coordination with the Environmental 
     Protection Agency, other freshwater harmful algal bloom and 
     hypoxia events response activities;
       ``(4) establish new programs and infrastructure as 
     necessary to develop and enhance the critical observations, 
     monitoring, modeling, data management, information 
     dissemination, and operational forecasts required to meet the 
     purposes of this title;
       ``(5) enhance communication and coordination among Federal 
     agencies carrying out marine and freshwater harmful algal 
     bloom and hypoxia activities; and
       ``(6) increase the availability to appropriate public and 
     private entities of--
       ``(A) analytical facilities and technologies;
       ``(B) operational forecasts; and
       ``(C) reference and research materials.
       ``(g) Cooperative Efforts.--The Under Secretary shall work 
     cooperatively and avoid duplication of effort with other 
     offices, centers, and programs within NOAA, other agencies 
     represented on the Task Force, and States, tribes, and 
     nongovernmental organizations concerned with marine and 
     aquatic

[[Page 22708]]

     issues to coordinate harmful algal blooms and hypoxia and 
     related activities and research.
       ``(h) Freshwater Program.--With respect to the freshwater 
     aspects of the Program, other than aspects occurring in the 
     Great Lakes, the Administrator, in consultation with the 
     Under Secretary, through the Task Force, shall--
       ``(1) carry out the duties otherwise assigned to the Under 
     Secretary under this section and section 603B, including the 
     activities described in subsection (f);
       ``(2) research the ecology of freshwater harmful algal 
     blooms;
       ``(3) monitor and respond to freshwater harmful algal 
     blooms events in lakes other than the Great Lakes, rivers, 
     and reservoirs;
       ``(4) mitigate and control freshwater harmful algal blooms; 
     and
       ``(5) identify in the President's annual budget request to 
     Congress how much funding is proposed to carry out the 
     activities proposed in subsection (f).
       ``(i) Integrated Coastal and Ocean Observation System.--The 
     collection of monitoring and observation data under this 
     title shall comply with all data standards and protocols 
     developed pursuant to the Integrated Coastal and Ocean 
     Observation System Act of 2009 (33 U.S.C. 3601 et seq.). Such 
     data shall be made available through the system established 
     under that Act.''.

     SEC. 11907. REGIONAL RESEARCH AND ACTION PLANS.

       The Act, as amended by section 11906, is further amended by 
     inserting after section 603A the following:

     ``SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.

       ``(a) In General.--In administering the Program, the Under 
     Secretary shall--
       ``(1) identify appropriate regions and subregions to be 
     addressed by each Regional Research and Action Plan; and
       ``(2) oversee the development and implementation of 
     Regional Research and Action Plans.
       ``(b) Plan Development.--The Under Secretary shall develop 
     and submit to the Task Force for approval a regional research 
     and action plan for each region, which shall build upon any 
     existing State or regional plans the Under Secretary 
     determines to be appropriate and shall identify appropriate 
     elements for the region, including--
       ``(1) baseline ecological, social, and economic research 
     needed to understand the biological, physical, and chemical 
     conditions that cause, exacerbate, and result from harmful 
     algal blooms and hypoxia;
       ``(2) regional priorities for ecological and socio-economic 
     research on issues related to, and impacts of, harmful algal 
     blooms and hypoxia;
       ``(3) research, development, and demonstration activities 
     needed to develop and advance technologies and techniques for 
     minimizing the occurrence of harmful algal blooms and hypoxia 
     and improving capabilities to predict, monitor, prevent, 
     control, and mitigate harmful algal blooms and hypoxia;
       ``(4) State, tribal, and local government actions that may 
     be implemented--
       ``(A) to support long-term monitoring efforts and emergency 
     monitoring as needed;
       ``(B) to minimize the occurrence of harmful algal blooms 
     and hypoxia;
       ``(C) to reduce the duration and intensity of harmful algal 
     blooms and hypoxia in times of emergency;
       ``(D) to address human health dimensions of harmful algal 
     blooms and hypoxia; and
       ``(E) to identify and protect vulnerable ecosystems that 
     could be, or have been, affected by harmful algal blooms and 
     hypoxia;
       ``(5) mechanisms by which data, information, and products 
     are transferred between the Program and State, tribal, and 
     local governments and research entities;
       ``(6) communication, outreach and information dissemination 
     efforts that State, tribal, and local governments and 
     stakeholder organizations can undertake to educate and inform 
     the public concerning harmful algal blooms and hypoxia and 
     alternative coastal resource-utilization opportunities that 
     are available; and
       ``(7) the roles Federal agencies can play to help 
     facilitate implementation of the plans.
       ``(c) Consultation.--In developing plans under this 
     section, the Under Secretary shall--
       ``(1) coordinate with State coastal management and planning 
     officials;
       ``(2) coordinate with tribal resource management officials;
       ``(3) coordinate with water management and watershed 
     officials from coastal States and noncoastal States with 
     water sources that drain into water bodies affected by 
     harmful algal blooms and hypoxia;
       ``(4) coordinate with the Administrator and such other 
     Federal agencies as the Under Secretary determines to be 
     appropriate; and
       ``(5) consult with--
       ``(A) public health officials;
       ``(B) emergency management officials;
       ``(C) science and technology development institutions;
       ``(D) economists;
       ``(E) industries and businesses affected by marine and 
     freshwater harmful algal blooms and hypoxia;
       ``(F) scientists, with expertise concerning harmful algal 
     blooms or hypoxia, from academic or research institutions; 
     and
       ``(G) other stakeholders.
       ``(d) Building on Available Studies and Information.--In 
     developing plans under this section, the Under Secretary 
     shall--
       ``(1) utilize and build on existing research, assessments, 
     and reports, including those carried out pursuant to existing 
     law and other relevant sources; and
       ``(2) consider the impacts, research, and existing program 
     activities of all United States coastlines and fresh and 
     inland waters, including the Great Lakes, the Chesapeake Bay, 
     and estuaries and tributaries.
       ``(e) Schedule.--The Under Secretary shall--
       ``(1) begin development of plans in at least \1/3\ of the 
     regions not later than 9 months after the date of the 
     enactment of the Harmful Algal Blooms and Hypoxia Research 
     and Control Amendments Act of 2010;
       ``(2) begin development of plans in at least another \1/3\ 
     of the regions not later than 21 months after such date;
       ``(3) begin development of plans in the remaining regions 
     not later than 33 months after such date; and
       ``(4) ensure that each Regional Research and Action Plan 
     developed under this section is--
       ``(A) completed and approved by the Under Secretary not 
     later than 12 months after the date on which the development 
     of such plan begins; and
       ``(B) updated not less frequently than once every 5 years 
     after the completion of such plan.
       ``(f) Funding.--
       ``(1) In general.--Subject to available appropriations, the 
     Under Secretary shall make funding available to eligible 
     organizations to implement the research, monitoring, 
     forecasting, modeling, and response actions included under 
     each approved Regional Research and Action Plan. The Program 
     shall select recipients through a merit-based, competitive 
     process and seek to fund research proposals that most 
     effectively align with the research priorities identified in 
     the relevant Regional Research and Action Plan.
       ``(2) Application; assurances.--Any organization seeking 
     funding under this subsection shall submit an application to 
     the Program at such time, in such form and manner, and 
     containing such information and assurances as the Program may 
     require. The Program shall require any organization receiving 
     funds under this subsection to utilize the mechanisms 
     described in subsection (e)(5) to ensure the transfer of data 
     and products developed under the Plan.
       ``(3) Eligible organization.--In this subsection, the term 
     `eligible organization' means--
       ``(A) an institution of higher education, other non-profit 
     organization, State, tribal, or local government, commercial 
     organization, or Federal agency that meets the requirements 
     of this section and such other requirements as may be 
     established by the Under Secretary; and
       ``(B) with respect to nongovernmental organizations, an 
     organization that is subject to regulations promulgated or 
     guidelines issued to carry out this section, including United 
     States audit requirements that are applicable to 
     nongovernmental organizations.''.

     SEC. 11908. REPORTING.

       Section 603 is amended by adding at the end the following:
       ``(j) Report.--Not later than 2 years after the submission 
     of the action strategy under section 603A, the Under 
     Secretary shall submit a report to the appropriate 
     congressional committees that describes--
       ``(1) the proceedings of the annual Task Force meetings;
       ``(2) the activities carried out under the Program and the 
     Regional Research and Action Plans, and the budget related to 
     these activities;
       ``(3) the progress made on implementing the action 
     strategy; and
       ``(4) the need to revise or terminate activities or 
     projects under the Program.
       ``(k) Program Report.--Not later than 5 years after the 
     date of enactment of the Harmful Algal Blooms and Hypoxia 
     Research and Control Amendments Act of 2010, the Task Force 
     shall submit a report on harmful algal blooms and hypoxia in 
     marine and freshwater systems to Congress that--
       ``(1) evaluates the state of scientific knowledge of 
     harmful algal blooms and hypoxia in marine and freshwater 
     systems, including their causes and ecological consequences;
       ``(2) evaluates the social and economic impacts of harmful 
     algal blooms and hypoxia, including their impacts on coastal 
     communities, and review those communities' efforts and 
     associated economic costs related to event forecasting, 
     planning, mitigation, response, and public outreach and 
     education;
       ``(3) examines and evaluates the human health impacts of 
     harmful algal blooms and hypoxia, including any gaps in 
     existing research;
       ``(4) describes advances in capabilities for monitoring, 
     forecasting, modeling, control, mitigation, and prevention of 
     harmful algal blooms and hypoxia, including techniques for, 
     integrating landscape- and watershed-level water quality 
     information into marine

[[Page 22709]]

     and freshwater harmful algal bloom and hypoxia prevention and 
     mitigation strategies at Federal and regional levels;
       ``(5) evaluates progress made by, and the needs of, 
     Federal, regional, State, tribal, and local policies and 
     strategies for forecasting, planning, mitigating, preventing, 
     and responding to harmful algal blooms and hypoxia, including 
     the economic costs and benefits of such policies and 
     strategies;
       ``(6) includes recommendations for integrating, improving, 
     and funding future Federal, regional, State, tribal, and 
     local policies and strategies for preventing and mitigating 
     the occurrence and impacts of harmful algal blooms and 
     hypoxia;
       ``(7) describes communication, outreach, and education 
     efforts to raise public awareness of harmful algal blooms and 
     hypoxia, their impacts, and the methods for mitigation and 
     prevention; and
       ``(8) describes extramural research activities carried out 
     under section 605(b).''.

     SEC. 11909. NORTHERN GULF OF MEXICO HYPOXIA.

       Section 604 is amended to read as follows:

     ``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

       ``(a) Task Force Initial Progress Reports.--Beginning not 
     later than 12 months after the date of the enactment of the 
     Harmful Algal Blooms and Hypoxia Research and Control 
     Amendments Act of 2010, the Mississippi River/Gulf of Mexico 
     Watershed Nutrient Task Force shall submit an annual report 
     to the appropriate congressional committees and the President 
     that describes the progress made by Task Force-directed 
     activities carried out or funded by the Environmental 
     Protection Agency Gulf of Mexico Program Office toward 
     attainment of the goals of the Gulf Hypoxia Action Plan 2008.
       ``(b) Task Force 2-year Progress Reports.--Beginning 2 
     years after the date on which the Administrator submits the 
     report required under subsection (a), and every 2 years 
     thereafter, the Administrator, through the Task Force, shall 
     submit a report to the appropriate congressional committees 
     and the President that describes the progress made by Task 
     Force-directed activities and activities carried out or 
     funded by the Environmental Protection Agency Gulf of Mexico 
     Program Office toward attainment of the goals of the Gulf 
     Hypoxia Action Plan 2008.
       ``(c) Contents.--Each report required under this section 
     shall--
       ``(1) assess the progress made toward nutrient load 
     reductions, the response of the hypoxic zone and water 
     quality throughout the Mississippi/Atchafalaya River Basin, 
     and the economic and social effects;
       ``(2) evaluate lessons learned; and
       ``(3) recommend appropriate actions to continue to 
     implement or, if necessary, revise the strategy set forth in 
     the Gulf Hypoxia Action Plan 2008.''.

     SEC. 11910. AUTHORIZATION OF APPROPRIATIONS.

       Section 605 is amended to read as follows:

     ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated, 
     for each of the fiscal years 2011 through 2015--
       ``(1) to the Under Secretary to carry out sections 603A and 
     603B, $34,000,000, of which--
       ``(A) $2,000,000 may be used for the development of 
     Regional Research and Action Plans and the reports required 
     under section 603B;
       ``(B) $3,000,000 may be used for the research and 
     assessment activities related to marine and freshwater 
     harmful algal blooms at NOAA research laboratories;
       ``(C) $8,000,000 may be used to carry out the Ecology and 
     Oceanography of Harmful Algal Blooms Program (ECOHAB);
       ``(D) $5,500,000 may be used to carry out the Monitoring 
     and Event Response for Harmful Algal Blooms Program (MERHAB);
       ``(E) $1,500,000 may be used to carry out the Northern Gulf 
     of Mexico Ecosystems and Hypoxia Assessment Program (MERHAB);
       ``(F) $5,000,000 may be used to carry out the Coastal 
     Hypoxia Research Program (CHRP);
       ``(G) $5,000,000 may be used to carry out the Prevention, 
     Control, and Mitigation of Harmful Algal Blooms Program 
     (PCM);
       ``(H) $1,000,000 may be used to carry out the Event 
     Response Program; and
       ``(I) $3,000,000 may be used to carry out the 
     Infrastructure Program; and
       ``(2) to the Administrator to carry out sections 603A(h) 
     and 604, $7,000,000.
       ``(b) Extramural Research Activities.--The Under Secretary 
     shall ensure that a substantial portion of funds appropriated 
     pursuant to subsection (a) that are used for research 
     purposes are allocated to extramural research activities.''.

     SEC. 11911. DEFINITIONS.

       (a) In General.--The Act is amended by inserting after 
     section 605 the following:

     ``SEC. 605A. DEFINITIONS.

       ``In this title:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the NOAA.
       ``(2) Harmful algal bloom.--The term `harmful algal bloom' 
     means marine and freshwater phytoplankton that proliferate to 
     high concentrations, resulting in nuisance conditions or 
     harmful impacts on marine and aquatic ecosystems, coastal 
     communities, and human health through the production of toxic 
     compounds or other biological, chemical, and physical impacts 
     of the algae outbreak.
       ``(3) Hypoxia.--The term `hypoxia' means a condition where 
     low dissolved oxygen in aquatic systems causes stress or 
     death to resident organisms.
       ``(4) Noaa.--The term `NOAA' means the National Oceanic and 
     Atmospheric Administration.
       ``(5) Program.--The term `Program' means the Integrated 
     Harmful Algal Bloom and Hypoxia Program established under 
     section 603A.
       ``(6) Regional research and action plan.--The term 
     `Regional Research and Action Plan' means a plan established 
     under section 603B.
       ``(7) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, any other territory or possession of the United 
     States, and any Indian tribe.
       ``(8) Task force.--The term `Task Force' means the 
     Interagency Task Force established by section 603(a).
       ``(9) Under secretary.--The term `Under Secretary' means 
     the Under Secretary of Commerce for Oceans and Atmosphere.''.
       ``(10) United states coastal waters.--The term `United 
     States coastal waters' includes the Great Lakes.''.
       (b) Conforming Amendment.--Section 603(a) is amended by 
     striking ``Hypoxia (hereinafter referred to as the `Task 
     force').'' and inserting ``Hypoxia.''.

     SEC. 11912. APPLICATION WITH OTHER LAWS.

       The Act is amended by inserting after section 606 the 
     following:

     ``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.

       ``Nothing in this title supersedes or limits the authority 
     of any agency to carry out its responsibilities and missions 
     under other laws.''.

 TITLE CXX--CHESAPEAKE BAY SCIENCE, EDUCATION AND ECOSYSTEM ENHANCEMENT

     SEC. 12001. SHORT TITLE.

       This title may be cited as the ``Chesapeake Bay Science, 
     Education, and Ecosystem Enhancement Act of 2010''.

     SEC. 12002. REAUTHORIZATION OF CHESAPEAKE BAY OFFICE OF 
                   NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION.

       Section 307 of the National Oceanic and Atmospheric 
     Administration Authorization Act of 1992 (15 U.S.C. 1511d) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``(1) The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (ii) by striking ``(in this section referred to as the 
     `Office')''; and
       (B) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Director.--
       ``(A) In general.--The Office shall be headed by a 
     Director, who shall be selected by the Secretary of Commerce 
     from among individuals who have knowledge and experience in 
     research or resource management efforts in the Chesapeake 
     Bay.
       ``(B) Duties.--The Director shall be responsible for--
       ``(i) the administration and operation of the Office; and
       ``(ii) carrying out the provisions of this section.''; and
       (2) in subsection (b)--
       (A) by striking the matter preceding paragraph (1) and 
     inserting the following:
       ``(b) Purpose.--The purpose of this section is to focus the 
     relevant science, research, and resource management 
     capabilities of the National Oceanic and Atmospheric 
     Administration as they apply to the Chesapeake Bay, and to 
     utilize the Office to--'';
       (B) in paragraph (2), by striking ``Secretary of Commerce'' 
     and inserting ``Administrator'';
       (C) in paragraph (3)--
       (i) by striking the matter preceding subparagraph (A) and 
     inserting the following:
       ``(3) coordinate with the programs and activities of the 
     National Oceanic and Atmospheric Administration in 
     furtherance of its coastal and ocean resource stewardship 
     mission, including--'';
       (ii) in subparagraph (A)--

       (I) in clauses (vi) and (vii), by striking ``and'' after 
     each semicolon; and
       (II) by inserting after clause (vii) the following:

       ``(viii) coastal hazards, resilient coastal communities, 
     and climate change; and
       ``(ix) research, scientific assessment, and adaptation to 
     climate change; and''; and
       (iii) in subparagraph (B)--

       (I) in clause (iii), by striking ``and'' after the 
     semicolon;
       (II) in clause (iv), by inserting ``and'' after the 
     semicolon; and
       (III) by adding at the end the following:

       ``(v) integrated ecosystem assessments;'';
       (D) in paragraph (4), by inserting ``as appropriate to 
     further the purposes of this section'' before the semicolon 
     at the end;
       (E) by striking paragraph (5);
       (F) by redesignating paragraph (6) as paragraph (5);
       (G) by striking paragraph (7); and
       (H) by adding at the end the following:
       ``(6) perform such functions as may be necessary to support 
     the programs referred to in paragraph (3).''; and

[[Page 22710]]

       (3) by striking subsections (c), (d), and (e) and inserting 
     the following:
       ``(c) Program Activities.--
       ``(1) In general.--The Director shall implement the program 
     activities required under this subsection--
       ``(A) to support the activity of the Chesapeake Executive 
     Council; and
       ``(B) to further the purposes of this section.
       ``(2) Ensuring scientific and technical merit.--The 
     Director shall--
       ``(A) establish and utilize an effective and transparent 
     mechanism to ensure that projects funded under this section 
     have undergone appropriate peer review, using, to the extent 
     practicable, the capabilities of the Maryland and Virginia 
     Sea Grant Program;
       ``(B) provide other appropriate means to determine that 
     such projects have acceptable scientific and technical merit 
     for the purpose of achieving maximum utilization of available 
     funds and resources to benefit the Chesapeake Bay area; and
       ``(C) ensure that all data and other products generated by 
     any project funded under this section be provided to the 
     Director.
       ``(3) Consultation with chesapeake executive council.--In 
     implementing the program activities authorized under this 
     section, the Director shall consult with the Chesapeake 
     Executive Council to ensure that the activities of the Office 
     are consistent with the purposes and priorities of the 
     Chesapeake Bay Agreement and plans developed pursuant to the 
     Agreement.
       ``(4) Integrated coastal observations and mapping.--
       ``(A) In general.--The Director shall collaborate with 
     scientific and academic institutions, Federal and State 
     agencies, nongovernmental organizations, and other 
     constituents in the Chesapeake Bay watershed--
       ``(i) to incorporate Chesapeake Bay observations into the 
     United States integrated Ocean Observation System; and
       ``(ii) to coordinate coastal mapping requirements and 
     projects.
       ``(B) Specific requirements.--To support the actions 
     described in subparagraph (A) and provide a complete set of 
     environmental information for the Chesapeake Bay, the 
     Director shall--
       ``(i) coordinate existing monitoring, observing, and 
     mapping activities in the Chesapeake Bay;
       ``(ii) identify new data collection needs and deploy new 
     technologies, as appropriate;
       ``(iii) facilitate the collection and analysis of the 
     scientific information necessary for the management of living 
     marine resources and the marine habitat associated with such 
     resources;
       ``(iv) coordinate with regional partners to manage and 
     interpret the information described in clause (iii); and
       ``(v) support regional partners to ensure the information 
     described in clause (iii) is organized into products that are 
     useful to policy makers, resource managers, scientists, and 
     the public.
       ``(C) Chesapeake bay interpretive buoy system.--To further 
     the development and implementation of the Chesapeake Bay 
     Interpretive Buoy System, the Director shall--
       ``(i) support the establishment and implementation of the 
     Captain John Smith Chesapeake National Historic Trail;
       ``(ii) delineate key waypoints along the trail and provide 
     appropriate real-time data and information for trail users;
       ``(iii) interpret data and information for use by educators 
     and students to inspire stewardship of Chesapeake Bay; and
       ``(iv) incorporate the Chesapeake Bay Interpretive Buoy 
     System into the Integrated Ocean Observing System regional 
     network of observatories, in keeping with the purposes of the 
     Integrated Coastal and Ocean Observation System Act of 2009 
     (33 U.S.C. 3601 et seq.).
       ``(5) Chesapeake bay watershed education and training 
     program.--
       ``(A) In general.--The Director shall establish a 
     Chesapeake Bay watershed education and training program, 
     which shall--
       ``(i) continue and expand the Chesapeake Bay watershed 
     education programs offered by the Office on the day before 
     the date of the enactment of the Chesapeake Bay Science, 
     Education, and Ecosystem Enhancement Act of 2010;
       ``(ii) improve the understanding of elementary and 
     secondary school students and teachers of the living 
     resources of the ecosystem of the Chesapeake Bay;
       ``(iii) provide community education to improve watershed 
     protection; and
       ``(iv) meet the educational goals of the most recent 
     Chesapeake Bay Agreement.
       ``(B) Grant program.--The Director shall, subject to the 
     availability of appropriations, award grants to support 
     education and training projects that enhance understanding 
     and assessment of a specific environmental problem in the 
     Chesapeake Bay watershed or a goal of the Chesapeake Bay 
     Program, or protect or restore living resources of the 
     Chesapeake Bay watershed, including projects that--
       ``(i) provide classroom education, including the 
     development and use of distance learning and other innovative 
     technologies, related to the Chesapeake Bay watershed;
       ``(ii) provide watershed educational experiences in the 
     Chesapeake Bay watershed;
       ``(iii) provide professional development for teachers 
     related to the Chesapeake Bay watershed and the dissemination 
     of pertinent education materials oriented to varying grade 
     levels;
       ``(iv) demonstrate or disseminate environmental educational 
     tools and materials related to the Chesapeake Bay watershed;
       ``(v) demonstrate field methods, practices, and techniques 
     including assessment of environmental and ecological 
     conditions and analysis of environmental problems;
       ``(vi) build the capacity of organizations to deliver high 
     quality environmental education programs; and
       ``(vii) educate local land use officials and decision 
     makers on the relationship of land use to natural resource 
     and watershed protection.
       ``(C) Collaboration.--The Director shall provide technical 
     assistance to support the education and training program 
     established under subparagraph (A) in collaboration with the 
     heads of other relevant Federal agencies.
       ``(6) Coastal and living resources management and habitat 
     program.--
       ``(A) In general.--The Director shall establish a 
     Chesapeake Bay coastal living resources management and 
     habitat program to support coordinated management, 
     protection, characterization, and restoration of priority 
     Chesapeake Bay habitats and living resources, including 
     oysters, blue crabs, and submerged aquatic vegetation.
       ``(B) Activities.--Under the program required by 
     subparagraph (A), the Director may, subject to the 
     availability of appropriations, carry out or enter into 
     grants, contracts, and cooperative agreements and provide 
     technical assistance to support--
       ``(i) native oyster restoration;
       ``(ii) fish and shellfish aquaculture;
       ``(iii) establishment of submerged aquatic vegetation 
     propagation programs;
       ``(iv) the development of programs that protect and restore 
     critical coastal habitats;
       ``(v) habitat mapping, characterization, and assessment 
     techniques necessary to identify, assess, and monitor 
     restoration actions;
       ``(vi) application and transfer of applied scientific 
     research and ecosystem management tools to fisheries and 
     habitat managers;
       ``(vii) collection, synthesis, and sharing of information 
     to inform and influence coastal and living resource 
     management issues; and
       ``(viii) such other activities as the Director considers 
     appropriate to carry out the program established under 
     subparagraph (A).
       ``(d) Reports.--
       ``(1) In general.--Not less frequently than once every 2 
     years, the Director shall submit a report to Congress that 
     describes--
       ``(A) the activities of the Office; and
       ``(B) the progress made in protecting and restoring the 
     living resources and habitat of the Chesapeake Bay.
       ``(2) Action plan.--Each report submitted under paragraph 
     (1) shall include an action plan for the 2-year period 
     following submission of the report, consisting of--
       ``(A) a list of recommended research, monitoring, and data 
     collection activities necessary to continue implementation of 
     the strategy under subsection (b)(2); and
       ``(B) recommendations to integrate the activities of the 
     National Oceanic and Atmospheric Administration with the 
     activities of the partners in the Chesapeake Bay Program in 
     order to meet the commitments of the Chesapeake Bay 
     Agreement.
       ``(e) Agreements.--
       ``(1) In general.--The Director may, subject to the 
     availability of appropriations, enter into and perform such 
     contracts, leases, grants, or cooperative agreements as may 
     be necessary to carry out the provisions of this section.
       ``(2) Use of other resources.--For purposes of 
     understanding, protecting, and restoring the Chesapeake Bay, 
     the Director may use, with or without reimbursement, the 
     land, services, equipment, personnel, and facilities of any 
     Department, agency, or instrumentality of the United States, 
     or of any State, local government, Indian tribal government, 
     or of any political subdivision thereof if the Director 
     receives consent from the Department, agency, 
     instrumentality, State, government, or political subdivision 
     concerned for such use.
       ``(3) Donations.--The Director may accept donations of 
     funds, other property, and services for use in understanding, 
     protecting, and restoring the Chesapeake Bay. Donations 
     accepted under this section shall be considered as a gift or 
     bequest to or for the use of the United States.
       ``(f) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Bay ecosystem and the living resources of the Chesapeake Bay 
     ecosystem and are signed by the Chesapeake Executive Council.
       ``(3) Chesapeake bay program.--The term `Chesapeake Bay 
     Program' means the regional Chesapeake Bay restoration 
     partnership that includes Maryland, Pennsylvania,

[[Page 22711]]

     Virginia, the District of Columbia, the Chesapeake Bay 
     Commission, the Environmental Protection Agency, other 
     appropriate Federal agencies, and participating citizen and 
     local elected official advisory groups.
       ``(4) Chesapeake executive council.--The term `Chesapeake 
     Executive Council' means the representatives from the 
     Commonwealth of Virginia, the State of Maryland, the 
     Commonwealth of Pennsylvania, the Environmental Protection 
     Agency, the District of Columbia, and the Chesapeake Bay 
     Commission, who are signatories to the Chesapeake Bay 
     Agreement, and any future signatories to that agreement.
       ``(5) Director.--The term `Director' means the Director of 
     the Chesapeake Bay Office.
       ``(6) Office.--The term `Office' means the Chesapeake Bay 
     Office established under subsection (a).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section--
       ``(1) $17,000,000 for fiscal year 2011;
       ``(2) $18,700,000 for fiscal year 2012;
       ``(3) $20,570,000 for fiscal year 2013; and
       ``(4) $22,627,000 for fiscal year 2014.''.

             TITLE CXXI--CORAL REEF CONSERVATION AMENDMENTS

     SEC. 12101. SHORT TITLE.

       This title may be cited as the ``Coral Reef Conservation 
     Amendments Act of 2010''.

     SEC. 12102. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to or repeal of a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Coral Reef Conservation Act of 2000 
     (16 U.S.C. 6401 et seq.).

     SEC. 12103. PURPOSES.

       Section 202 (16 U.S.C. 6401) is amended to read as follows:

     ``SEC. 202. PURPOSES.

       ``The purposes of this title are--
       ``(1) to preserve, sustain, and restore the condition of 
     coral reef ecosystems;
       ``(2) to promote the wise management and sustainable use of 
     coral reef ecosystems to benefit local communities, the 
     Nation, and the world;
       ``(3) to develop sound scientific information on the 
     condition of coral reef ecosystems and the threats to such 
     ecosystems;
       ``(4) to assist in the preservation of coral reef 
     ecosystems by supporting conservation programs, including 
     projects that involve affected local communities and 
     nongovernmental organizations;
       ``(5) to provide financial resources for those programs and 
     projects;
       ``(6) to establish a formal mechanism for collecting and 
     allocating monetary donations from the private sector to be 
     used for coral reef conservation projects; and
       ``(7) to provide mechanisms to prevent and minimize damage 
     to coral reefs.''.

     SEC. 12104. NATIONAL CORAL REEF ACTION STRATEGY.

       Section 203 (16 U.S.C. 6402) is amended to read as follows:

     ``SEC. 203. NATIONAL CORAL REEF ACTION STRATEGY.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of the Coral Reef Conservation Amendments 
     Act of 2010, the Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives and publish in the Federal Register a 
     national coral reef ecosystem action strategy, consistent 
     with the purposes of this title. The Secretary shall 
     periodically review and revise the strategy as necessary. In 
     developing this national strategy, the Secretary may consult 
     the Coral Reef Task Force established under Executive Order 
     13089 (June 11, 1998).
       ``(b) Goals and Objectives.--The action strategy shall 
     include a statement of goals and objectives and an 
     implementation plan, including a description of the funds 
     obligated each fiscal year to advance coral reef 
     conservation. The action strategy and implementation plan 
     shall include discussion of--
       ``(1) coastal uses and management, including land-based 
     sources of pollution;
       ``(2) climate change;
       ``(3) water and air quality;
       ``(4) mapping and information management;
       ``(5) research, monitoring, and assessment;
       ``(6) international and regional issues;
       ``(7) outreach and education;
       ``(8) local strategies developed by the States or Federal 
     agencies, including regional fishery management councils; and
       ``(9) conservation.''.

     SEC. 12105. CORAL REEF CONSERVATION PROGRAM.

       (a) In General.--Section 204 (16 U.S.C. 6403) is amended--
       (1) in subsection (a), by striking ``Secretary, through the 
     Administrator and'' and inserting ``Secretary,'';
       (2) by amending subsection (c) to read as follows:
       ``(c) Eligibility.--Any natural resource management 
     authority of a State or other government authority with 
     jurisdiction over coral reef ecosystems, or whose activities 
     directly or indirectly affect coral reef ecosystems, or 
     educational or nongovernmental institutions with demonstrated 
     expertise in the conservation of coral reef ecosystems, may 
     submit a coral conservation proposal to the Secretary under 
     subsection (e).'';
       (3) in subsection (d)--
       (A) by amending the subsection heading to read as follows:
       ``(d) Project Diversity.--''; and
       (B) by amending paragraph (3) to read as follows:
       ``(3) Remaining funds shall be awarded for--
       ``(A) projects (with priority given to community-based 
     local action strategies) that address emerging priorities or 
     threats, including international and territorial priorities, 
     or threats identified by the Secretary; and
       ``(B) other appropriate projects, as determined by the 
     Secretary, including monitoring and assessment, research, 
     pollution reduction, education, and technical support.'';
       (4) by amending subsection (g) to read as follows:
       ``(g) Criteria for Approval.--The Secretary may not approve 
     a project proposal under this section unless the project is 
     consistent with the coral reef action strategy under section 
     203 and will enhance the conservation of coral reef 
     ecosystems nationally or internationally by--
       ``(1) implementing coral conservation programs which 
     promote sustainable development and ensure effective, long-
     term conservation of coral reef ecosystems and biodiversity;
       ``(2) addressing the conflicts arising from the use of 
     environments near coral reef ecosystems or from the use of 
     corals, species associated with coral reef ecosystems, and 
     coral products;
       ``(3) enhancing compliance with laws that prohibit or 
     regulate the taking of coral products or species associated 
     with coral reef ecosystems or regulate the use and management 
     of coral reef ecosystems;
       ``(4) developing sound scientific information on the 
     condition of coral reef ecosystems or the threats to such 
     ecosystems and their biodiversity, including factors that 
     cause coral disease, ocean acidification, and bleaching;
       ``(5) promoting and assisting the implementation of 
     cooperative coral reef ecosystem conservation projects that 
     involve affected local communities, nongovernmental 
     organizations, or others in the private sector;
       ``(6) increasing public knowledge and awareness of coral 
     reef ecosystems and issues regarding their long-term 
     conservation, including how they function to protect coastal 
     communities;
       ``(7) mapping the location, distribution, and biodiversity 
     of coral reef ecosystems;
       ``(8) developing and implementing techniques to monitor and 
     assess the status and condition of coral reef ecosystems and 
     biodiversity;
       ``(9) developing and implementing cost-effective methods to 
     restore degraded coral reef ecosystems and biodiversity;
       ``(10) responding to, or taking action to help mitigate the 
     effects of, coral disease, ocean acidification, and bleaching 
     events;
       ``(11) promoting activities designed to prevent or minimize 
     damage to coral reef ecosystems, including the promotion of 
     ecologically sound navigation and anchorages; or
       ``(12) promoting and assisting entities to work with local 
     communities, and all appropriate governmental and 
     nongovernmental organizations, to support community-based 
     planning and management initiatives for the protection of 
     coral reef systems.''; and
       (5) in subsection (j), by striking ``coral reefs'' and 
     inserting ``coral reef ecosystems''.
       (b) Conforming Amendments.--Subsections (b), (d), (e), (f), 
     (h), (i), and (j) of section 204 (16 U.S.C. 6403) are each 
     amended by striking ``Administrator'' each place it appears 
     and inserting ``Secretary''.

     SEC. 12106. CORAL REEF CONSERVATION FUND.

       Section 205 (16 U.S.C. 6404) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Fund.--The Secretary may enter into agreements with 
     nonprofit organizations promoting coral reef ecosystem 
     conservation by authorizing such organizations to receive, 
     hold, and administer amounts received pursuant to this 
     section. Such organizations shall invest, reinvest, and 
     otherwise administer and maintain such amounts and any 
     interest or revenues earned in a separate interest-bearing 
     account established by such organizations solely to support 
     partnerships between the public and private sectors that 
     further the purposes of this title and are consistent with 
     the national coral reef action strategy under section 203.'';
       (2) by striking ``Administrator'' each place such term 
     appears and inserting ``Secretary''; and
       (3) in subsection (c), by striking ``the grant program'' 
     and inserting ``any grant program''.

     SEC. 12107. AGREEMENTS; REDESIGNATIONS.

       The Act (16 U.S.C. 6401 et seq.) is amended--
       (1) by redesignating section 206 (16 U.S.C. 6405) as 
     section 207;
       (2) by redesignating section 207 (16 U.S.C. 6406) as 
     section 208;

[[Page 22712]]

       (3) by redesignating section 208 (16 U.S.C. 6407) as 
     section 218;
       (4) by redesignating section 209 (16 U.S.C. 6408) as 
     section 219;
       (5) by redesignating section 210 (16 U.S.C. 6409) as 
     section 221; and
       (6) by inserting after section 205 (16 U.S.C. 6404) the 
     following:

     ``SEC. 206. AGREEMENTS.

       ``(a) In General.--The Secretary may execute and perform 
     such contracts, leases, grants, cooperative agreements, or 
     other transactions as may be necessary to carry out the 
     purposes of this title.
       ``(b) Cooperative Agreements.--In addition to the general 
     authority provided under subsection (a), the Secretary may 
     enter into, extend, or renegotiate agreements with 
     universities and research centers with national or regional 
     coral reef research institutes to conduct ecological research 
     and monitoring explicitly aimed at building capacity for more 
     effective resource management. Pursuant to any such 
     agreements these institutes shall--
       ``(1) collaborate directly with governmental resource 
     management agencies, nonprofit organizations, and other 
     research organizations;
       ``(2) build capacity within resource management agencies to 
     establish research priorities, plan interdisciplinary 
     research projects and make effective use of research results; 
     and
       ``(3) conduct public education and awareness programs for 
     policy makers, resource managers, and the general public on 
     coral reef ecosystems, best practices for coral reef and 
     ecosystem management and conservation, their value, and 
     threats to their sustainability.
       ``(c) Use of Other Agencies' Resources.--For purposes 
     related to the conservation, preservation, protection, 
     restoration, or replacement of coral reefs or coral reef 
     ecosystems and the enforcement of this title, the Secretary 
     may use, with their consent and with or without 
     reimbursement, the land, services, equipment, personnel, and 
     facilities of any Department, agency, or instrumentality of 
     the United States, or of any State, local government, tribal 
     government, Territory, or possession, or of any political 
     subdivision thereof, or of any foreign government or 
     international organization.
       ``(d) Authority to Utilize Grant Funds.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary may apply for, accept, and obligate research grant 
     funding from any Federal source operating competitive grant 
     programs if such funding furthers the purpose of this title.
       ``(2) Exception.--The Secretary may not apply for, accept, 
     or obligate any grant funding under paragraph (1) for which 
     the granting agency lacks authority to grant funds to Federal 
     agencies, or for any purpose or subject to conditions that 
     are prohibited by law or regulation.
       ``(3) Use of funds.--Appropriated funds may be used to 
     satisfy a requirement to match grant funds with recipient 
     agency funds, except that no grant may be accepted that 
     requires a commitment in advance of appropriations.
       ``(4) Deposit of funds.--Funds received from grants shall 
     be deposited in the National Oceanic and Atmospheric 
     Administration account for the purpose for which the grant 
     was awarded.
       ``(e) Transfer of Funds.--Under an agreement entered into 
     pursuant to subsection (a), and subject to the availability 
     of funds, the Secretary may transfer funds to, and may accept 
     transfers of funds from, Federal agencies, instrumentalities 
     and laboratories, State and local governments, Indian tribes 
     (as defined in section 4 of the Indian Self-Determination and 
     Educational Assistance Act (25 U.S.C. 450(b)), organizations 
     and associations representing Native Americans, native 
     Hawaiians, and Native Pacific Islanders, educational 
     institutions, nonprofit organizations, commercial 
     organizations, and other public and private persons or 
     entities, except that no more than 5 percent of funds 
     appropriated to carry out this section may be transferred. 
     The 5 percent limitation shall not apply to section 204 or 
     210.''.

     SEC. 12108. EMERGENCY ASSISTANCE.

       Section 207, as redesignated by section 12107(1) of this 
     title, is amended to read as follows:

     ``SEC. 207. EMERGENCY ASSISTANCE.

       ``The Secretary, in cooperation with the Federal Emergency 
     Management Agency, as appropriate, may provide assistance to 
     any State, local, or territorial government agency with 
     jurisdiction over coral reef ecosystems to address any 
     unforeseen or disaster-related circumstance pertaining to 
     coral reef ecosystems.''.

     SEC. 12109. NATIONAL PROGRAM.

       Section 208, as redesignated by section 12107(2) of this 
     title, is amended to read as follows:

     ``SEC. 208. NATIONAL PROGRAM.

       ``(a) In General.--Subject to the availability of 
     appropriations, the Secretary may conduct activities, 
     including activities with local, State, regional, or 
     international programs and partners, as appropriate, to 
     conserve coral reef ecosystems, that are consistent with this 
     title, the National Marine Sanctuaries Act (16 U.S.C. 1431 et 
     seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 
     1451 et seq.), the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.), the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.), and the Marine 
     Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
       ``(b) Authorized Activities.--Activities authorized under 
     subsection (a) include--
       ``(1) mapping, monitoring, assessment, restoration, 
     socioeconomic and scientific research that benefit the 
     understanding, sustainable use, biodiversity, and long-term 
     conservation of coral reef ecosystems;
       ``(2) enhancing public awareness, education, understanding, 
     and appreciation of coral reef ecosystems;
       ``(3) removing, and providing assistance to States in 
     removing, abandoned fishing gear, marine debris, and 
     abandoned vessels from coral reef ecosystems to conserve 
     living marine resources;
       ``(4) responding to incidents and events that threaten and 
     damage coral reef ecosystems;
       ``(5) conservation and management of coral reef ecosystems;
       ``(6) centrally archiving, managing, and distributing data 
     sets and providing coral reef ecosystem assessments and 
     services to the general public with local, regional, or 
     international programs and partners; and
       ``(7) activities designed to prevent or minimize damage to 
     coral reef ecosystems, including those activities described 
     in section 212.
       ``(c) Data Archive, Access, and Availability.--The 
     Secretary, in coordination with similar efforts at other 
     Departments and agencies shall provide for the long-term 
     stewardship of environmental data, products, and information 
     via data processing, storage, and archive facilities pursuant 
     to this title. The Secretary may--
       ``(1) archive environmental data collected by Federal, 
     State, local agencies, and tribal organizations and federally 
     funded research;
       ``(2) promote widespread availability and dissemination of 
     environmental data and information through full and open 
     access and exchange to the greatest extent possible, 
     including in electronic format on the Internet;
       ``(3) develop standards, protocols, and procedures for 
     sharing Federal data with State and local government programs 
     and the private sector or academia; and
       ``(4) develop metadata standards for coral reef ecosystems 
     in accordance with Federal Geographic Data Committee 
     guidelines.
       ``(d) Emergency Response, Stabilization, and Restoration.--
       ``(1) Establishment of account.--The Secretary shall 
     establish an account, to be known as the Emergency Response, 
     Stabilization, and Restoration Account (referred to in this 
     subsection as the `Account'), in the Damage Assessment 
     Restoration Revolving Fund established by the Department of 
     Commerce Appropriations Act, 1991 (33 U.S.C. 2706 note), for 
     implementation of this subsection for emergency actions. 
     Amounts appropriated for the Account under section 219, and 
     funds authorized by sections 213(d)(1)(C)(ii) and 
     214(f)(3)(B), shall be deposited into the Account and made 
     available for use by the Secretary as specified in sections 
     213 and 214.
       ``(2) Deposit and investment of certain funds.--Any amounts 
     received by the United States pursuant to sections 
     213(d)(1)(C)(ii) and 212(f)(3)(B) shall be deposited into the 
     Account. The Secretary of Commerce may request the Secretary 
     of the Treasury to invest such portion of the Damage 
     Assessment Restoration Revolving Fund that the Secretary of 
     Commerce determines is not required to meet the current needs 
     of the Fund. Such investments shall be made by the Secretary 
     of the Treasury in public debt securities, with maturities 
     suitable to the needs of the Fund, as determined by the 
     Secretary of Commerce and bearing interest at rates 
     determined by the Secretary of the Treasury, taking into 
     consideration current market yields on outstanding marketable 
     obligations of the United States of comparable maturity. 
     Interest earned by such investments shall be available for 
     use by the Secretary without further appropriation and remain 
     available until expended.''.

     SEC. 12110. STUDY OF TRADE IN CORALS.

       (a) In General.--The Secretary of Commerce, in consultation 
     with the Secretary of the Interior, shall conduct a study on 
     the economic, social, and environmental values and impacts of 
     the United States market in corals and coral products.
       (b) Contents.--The study shall--
       (1) assess the economic and other values of the United 
     States market in coral and coral products, including import 
     and export trade;
       (2) identify primary coral species used in the coral and 
     coral product trade and locations of wild harvest;
       (3) assess the environmental impacts associated with wild 
     harvest of coral;
       (4) assess the effectiveness of current public and private 
     programs aimed at promoting conservation in the coral and 
     coral product trade;
       (5) identify economic and other incentives for coral reef 
     conservation as part of the coral and coral product trade; 
     and
       (6) identify additional actions, if necessary, to ensure 
     that the United States market in coral and coral products 
     does not

[[Page 22713]]

     contribute to the degradation of coral reef ecosystems.
       (c) Report.--Not later than 30 months after the date of the 
     enactment of this Act, the Secretary shall submit a report of 
     the study conducted under this section to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $100,000 to the Secretary to carry out 
     this section.

     SEC. 12111. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.

       The Act is amended by inserting after section 208, as 
     redesignated by section 12107(2) of this title, the 
     following:

     ``SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.

       ``(a) International Coral Reef Conservation Activities.--
       ``(1) In general.--The Secretary shall carry out 
     international coral reef conservation activities consistent 
     with the purposes of this title with respect to coral reef 
     ecosystems in waters outside the jurisdiction of the United 
     States. The Secretary shall develop and implement an 
     international coral reef ecosystem strategy pursuant to 
     subsection (b).
       ``(2) Coordination.--In carrying out this subsection, the 
     Secretary--
       ``(A) shall consult with the Secretary of State, the 
     Administrator of the Agency for International Development, 
     the Secretary of the Interior, and other relevant Federal 
     agencies, and relevant United States stakeholders;
       ``(B) shall take into account coral reef ecosystem 
     conservation initiatives of other nations, international 
     agreements, and intergovernmental and nongovernmental 
     organizations so as to provide effective cooperation and 
     efficiencies in international coral reef conservation; and
       ``(C) may consult with the Coral Reef Task Force.
       ``(b) International Coral Reef Ecosystem Strategy.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of the Coral Reef Conservation Amendments Act 
     of 2010, the Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives, 
     and publish in the Federal Register, an international coral 
     reef ecosystem strategy, consistent with the purposes of this 
     title and the national strategy required under section 
     203(a). The Secretary shall periodically review and revise 
     this strategy as necessary.
       ``(2) Contents.--The strategy developed by the Secretary 
     under paragraph (1) shall--
       ``(A) identify coral reef ecosystems throughout the world 
     that are of high value for United States marine resources, 
     that support high-seas resources of importance to the United 
     States such as fisheries, or that support other interests of 
     the United States;
       ``(B) summarize existing activities by Federal agencies and 
     entities described in subsection (a)(2) to address the 
     conservation of coral reef ecosystems identified pursuant to 
     subparagraph (A);
       ``(C) establish goals, objectives, and specific targets for 
     conservation of priority international coral reef ecosystems;
       ``(D) describe appropriate activities to achieve the goals 
     and targets for international coral reef conservation, in 
     particular those that leverage activities already conducted 
     under this title;
       ``(E) develop a plan to coordinate implementation of the 
     strategy with entities described in subsection (a)(2) in 
     order to leverage current activities under this title and 
     other conservation efforts globally;
       ``(F) identify appropriate partnerships, grants, or other 
     funding and technical assistance mechanisms to carry out the 
     strategy; and
       ``(G) develop criteria for prioritizing partnerships under 
     subsection (c).
       ``(c) International Coral Reef Ecosystem Partnerships.--
       ``(1) In general.--The Secretary shall establish an 
     international coral reef ecosystem partnership program to 
     provide support, including funding and technical assistance, 
     for activities that implement the strategy developed pursuant 
     to subsection (b).
       ``(2) Mechanisms.--The Secretary shall provide the support 
     described in paragraph (1) through existing authorities, 
     working in collaboration with the entities described in 
     subsection (a)(2).
       ``(3) Agreements.--The Secretary may execute and perform 
     such contracts, leases, grants, cooperative agreements, or 
     other transactions as may be necessary to carry out the 
     purposes of this section.
       ``(4) Transfer of funds.--To implement this section and 
     subject to the availability of funds, the Secretary may--
       ``(A) transfer funds to a foreign government or 
     international organization; and
       ``(B) accept transfers of funds from entities described in 
     subparagraph (A), except that not more than 5 percent of the 
     funds appropriated to carry out this section may be 
     transferred.
       ``(5) Criteria for approval.--The Secretary may not approve 
     a partnership proposal under this section unless the 
     partnership--
       ``(A) is consistent with the international coral reef 
     conservation strategy developed pursuant to subsection (b); 
     and
       ``(B) meets the criteria specified in such strategy.''.

     SEC. 12112. COMMUNITY-BASED PLANNING GRANTS.

       The Act is amended by inserting after section 209, as added 
     by section 12111 of this title, the following:

     ``SEC. 210. COMMUNITY-BASED PLANNING GRANTS.

       ``(a) In General.--The Secretary may award grants to 
     entities that have received grants under section 204 to 
     provide additional funds to such entities to work with local 
     communities and through appropriate Federal and State 
     entities to prepare and implement plans for the increased 
     protection of coral reef areas identified by the community 
     and scientific experts as high priorities for focused 
     attention. These plans shall--
       ``(1) support the attainment of 1 or more of the criteria 
     described in section 204(g);
       ``(2) be developed at the community level;
       ``(3) utilize watershed-based approaches;
       ``(4) provide for coordination with Federal and State 
     experts and managers; and
       ``(5) build upon local approaches, strategies, or models, 
     including traditional or island-based resource management 
     concepts.
       ``(b) Terms and Conditions.--The provisions of subsections 
     (b), (d), (f), and (h) of section 204 apply to grants awarded 
     under subsection (a), except that, for the purpose of 
     applying section 204(b)(1) to grants under this section, `75 
     percent' shall be substituted for `50 percent'.''.

     SEC. 12113. VESSEL GROUNDING INVENTORY.

       The Act is amended by inserting after section 210, as added 
     by section 12112 of this title, the following:

     ``SEC. 211. VESSEL GROUNDING INVENTORY.

       ``(a) In General.--The Secretary may maintain an inventory 
     of all vessel grounding incidents involving coral reefs, 
     including a description of--
       ``(1) the impacts to affected coral reef ecosystems;
       ``(2) vessel and ownership information, if available;
       ``(3) the estimated cost of removal, mitigation, or 
     restoration;
       ``(4) the response action taken by the owner, the 
     Secretary, the Commandant of the Coast Guard, or other 
     Federal or State agency representatives;
       ``(5) the status of the response action, including the 
     dates of vessel removal and mitigation or restoration and any 
     actions taken to prevent future grounding incidents; and
       ``(6) recommendations for additional navigational aids or 
     other mechanisms for preventing future grounding incidents.
       ``(b) Identification of At-risk Reefs.--The Secretary may--
       ``(1) use information from any inventory maintained under 
     subsection (a) or any other available information source to 
     identify coral reef ecosystems that have a high incidence of 
     vessel impacts, including groundings and anchor damage;
       ``(2) identify appropriate measures, including the 
     acquisition and placement of aids to navigation, moorings, 
     designated anchorage areas, fixed anchors and other devices, 
     to reduce the likelihood of such impacts; and
       ``(3) develop a strategy and timetable to implement such 
     measures, including cooperative actions with other government 
     agencies and nongovernmental partners.''.

     SEC. 12114. PROHIBITED ACTIVITIES.

       (a) In General.--The Act is amended by inserting after 
     section 211, as added by section 12113 of this title, the 
     following:

     ``SEC. 212. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

       ``(a) Provisions as Complementary.--The provisions of this 
     section are in addition to, and shall not affect the 
     operation of, other Federal, State, or local laws or 
     regulations providing protection to coral reef ecosystems.
       ``(b) Destruction, Loss, Taking, or Injury.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     is unlawful for any person to destroy, take, cause the loss 
     of, or injure any coral reef or any component thereof.
       ``(2) Exceptions.--The destruction, loss, taking, or injury 
     of a coral reef or any component thereof is not unlawful if 
     it--
       ``(A) was caused by the use of fishing gear used in a 
     manner permitted under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) or 
     other Federal or State law;
       ``(B) was caused by an activity that is authorized or 
     allowed by Federal or State law (including lawful discharges 
     from vessels, such as graywater, cooling water, engine 
     exhaust, ballast water, or sewage from marine sanitation 
     devices), unless the destruction, loss, or injury resulted 
     from actions such as vessel groundings, vessel scrapings, 
     anchor damage, excavation not authorized by Federal or State 
     permit, or other similar activities;
       ``(C) was the necessary result of bona fide marine 
     scientific research (including marine scientific research 
     activities approved by Federal, State, or local permits), 
     other than excessive sampling or collecting, or actions such 
     as vessel groundings, vessel scrapings, anchor damage, 
     excavation, or other similar activities;

[[Page 22714]]

       ``(D) could not be reasonably avoided and was caused by a 
     Federal Government agency during--
       ``(i) an emergency that posed an unacceptable threat to 
     human health or safety or to the marine environment;
       ``(ii) an emergency that posed a threat to national 
     security; or
       ``(iii) an activity necessary for law enforcement or search 
     and rescue; or
       ``(E) was caused by an action taken by the master of the 
     vessel in an emergency situation to ensure the safety of the 
     vessel or to save a life at sea.
       ``(c) Interference With Enforcement.--It is unlawful for 
     any person to interfere with the enforcement of this title 
     by--
       ``(1) refusing to permit any officer authorized to enforce 
     this title to board a vessel (other than a vessel operated by 
     the Department of Defense or United States Coast Guard) 
     subject to such person's control for the purposes of 
     conducting any search or inspection in connection with the 
     enforcement of this title;
       ``(2) resisting, opposing, impeding, intimidating, 
     harassing, bribing, interfering with, or forcibly assaulting 
     any person authorized by the Secretary to implement this 
     title or any such authorized officer in the conduct of any 
     search or inspection performed under this title; or
       ``(3) submitting false information to the Secretary or any 
     officer authorized to enforce this title in connection with 
     any search or inspection conducted under this title.
       ``(d) Violations of Title, Permit, or Regulation.--It is 
     unlawful for any person to violate any provision of this 
     title, any permit issued pursuant to this title, or any 
     regulation promulgated pursuant to this title.
       ``(e) Possession and Distribution.--It is unlawful for any 
     person to possess, sell, deliver, carry, transport, or ship 
     by any means any coral taken in violation of this title.''.
       (b) Emergency Action Regulations.--
       (1) Rulemaking.--The Secretary of Commerce shall--
       (A) initiate a rulemaking proceeding to prescribe the 
     circumstances and conditions under which the exception in 
     section 212(b)(2)(E) of the Coral Reef Conservation Act of 
     2000, as added by subsection (a), applies; and
       (B) issue a final rule pursuant to that rulemaking as soon 
     as practicable but not later than 1 year after the date of 
     enactment of this Act.
       (2) Savings provision.--Nothing in this subsection may be 
     construed to require the issuance of the regulations 
     described in paragraph (1) before the exception provided by 
     section 212(b)(2)(E) of the Coral Reef Conservation Act of 
     2000 is in effect.

     SEC. 12115. DESTRUCTION OF CORAL REEFS.

       The Act is amended by inserting after section 212, as added 
     by section 12114 of this title, the following:

     ``SEC. 213. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, 
                   CORAL REEFS.

       ``(a) Liability.--
       ``(1) Liability to the united states.--Except as provided 
     in subsection (f), all persons who engage in an activity that 
     is prohibited under subsection (b) or (d) of section 212, or 
     create an imminent risk of such prohibited activity, are 
     jointly and severally liable to the United States for an 
     amount equal to the sum of--
       ``(A) response costs and damages resulting from the 
     destruction, loss, taking, or injury, or imminent risk 
     thereof, including damages resulting from the response 
     actions;
       ``(B) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(C) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(2) Liability in rem.--
       ``(A) In general.--Any vessel used in an activity that is 
     prohibited under subsection (b) or (d) of section 212, or 
     creates an imminent risk of such prohibited activity, shall 
     be liable in rem to the United States for an amount equal to 
     the sum of--
       ``(i) response costs and damages resulting from such 
     destruction, loss, or injury, or imminent risk thereof, 
     including damages resulting from the response actions;
       ``(ii) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(iii) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(B) Maritime lien.--The amount of liability shall 
     constitute a maritime lien on the vessel and may be recovered 
     in an action in rem in any district court of the United 
     States that has jurisdiction over the vessel.
       ``(3) Defenses.--A person or vessel is not liable under 
     this subsection if that person or vessel establishes that the 
     destruction, loss, taking, or injury was caused solely by an 
     act of God, an act of war, or an act or omission of a third 
     party (other than an employee or agent of the defendant or 
     one whose act or omission occurs in connection with a 
     contractual relationship, existing directly or indirectly 
     with the defendant), and the person or master of the vessel 
     acted with due care.
       ``(4) No limit to liability.--Nothing in sections 30501 
     through 30512 of title 46, United States Code, or section 
     30706 of such title shall limit liability to any person under 
     this title.
       ``(b) Response Actions and Damage Assessment.--
       ``(1) Response actions.--The Secretary may undertake or 
     authorize all necessary actions to prevent or minimize the 
     destruction, loss, or taking of, or injury to, coral reefs, 
     or components thereof, or to minimize the risk or imminent 
     risk of such destruction, loss, or injury.
       ``(2) Damage assessment.--
       ``(A) In general.--The Secretary shall--
       ``(i) assess damages (as defined in section 221(8)) to 
     coral reefs; and
       ``(ii) consult with State officials regarding response and 
     damage assessment actions undertaken for coral reefs within 
     State waters.
       ``(B) No double recovery.--There shall be no double 
     recovery under this chapter for coral reef damages, including 
     the cost of damage assessment, for the same incident.
       ``(c) Commencement of Civil Action for Response Costs and 
     Damages.--
       ``(1) Commencement.--The Attorney General, upon the request 
     of the Secretary, may commence a civil action against any 
     person or vessel that may be liable under subsection (a) for 
     response costs, seizure, forfeiture, storage, or disposal 
     costs, and damages, and interest on that amount calculated in 
     the manner described in section 1005 of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2705). The Secretary, acting as trustee 
     for coral reefs for the United States, shall submit a request 
     for such an action to the Attorney General whenever a person 
     or vessel may be liable for such costs or damages.
       ``(2) Venue in civil actions.--
       ``(A) In general.--A civil action under this title may be 
     brought in the United States district court for any district 
     in which--
       ``(i) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(ii) the vessel is located, in the case of an action 
     against a vessel; or
       ``(iii) the destruction, loss, or taking of, or injury to a 
     coral reef, or component thereof, occurred or in which there 
     is an imminent risk of such destruction, loss, or injury.
       ``(B) Outside united states jurisdiction.--If some or all 
     of the coral reef or component thereof that is the subject of 
     a civil action under this title is not within the territory 
     covered by any United States district court, such action may 
     be brought in--
       ``(i) the United States district court for the district 
     closest to the location where the destruction, loss, injury, 
     or risk of injury occurred; or
       ``(ii) the United States District Court for the District of 
     Columbia.
       ``(d) Use of Recovered Amounts.--
       ``(1) In general.--Any costs, including response costs and 
     damages recovered by the Secretary under this section shall--
       ``(A) be deposited into an account or accounts in the 
     Damage Assessment Restoration Revolving Fund established by 
     the Department of Commerce Appropriations Act, 1991 (33 
     U.S.C. 2706 note), or the Natural Resource Damage Assessment 
     and Restoration Fund established by the Department of the 
     Interior and Related Agencies Appropriations Act, 1992 (43 
     U.S.C. 1474b), as appropriate given the location of the 
     violation;
       ``(B) be available for use by the Secretary without further 
     appropriation and remain available until expended; and
       ``(C) be available, as the Secretary considers 
     appropriate--
       ``(i) to reimburse the Secretary or any other Federal or 
     State agency that conducted activities under subsection (a) 
     or (b) for costs incurred in conducting the activity;
       ``(ii) to reimburse the Emergency Response, Stabilization, 
     and Restoration Account established under section 208(d)(1) 
     for amounts used for authorized emergency actions; and
       ``(iii) after reimbursement of such costs, to restore, 
     replace, or acquire the equivalent of any coral reefs, or 
     components thereof, including the reasonable costs of 
     monitoring, or to minimize or prevent threats of equivalent 
     injury to, or destruction of coral reefs, or components 
     thereof.
       ``(2) Restoration considerations.--In the development of 
     restoration alternatives under paragraph (1)(C), the 
     Secretary shall consider State and territorial preferences 
     and, if appropriate, shall prioritize restoration projects 
     with geographic and ecological linkages to the injured 
     resources.
       ``(e) Statute of Limitations.--An action for response costs 
     or damages under subsection (c) shall be barred unless the 
     complaint is filed not later than 3 years after the date on 
     which the Secretary completes a damage assessment and 
     restoration plan for the coral reefs, or components thereof, 
     to which the action relates.
       ``(f) Federal Government Activities.--In the event of 
     threatened or actual destruction of, loss of, or injury to a 
     coral reef or component thereof resulting from an incident 
     caused by a component of any Department or agency of the 
     United States Government, the cognizant Department or agency 
     shall satisfy its obligations under this section by promptly, 
     in coordination with the Secretary, taking appropriate 
     actions to respond to and mitigate the harm and restoring or 
     replacing the coral reef or components thereof and 
     reimbursing the Secretary for all assessment costs.''.

[[Page 22715]]



     SEC. 12116. ENFORCEMENT.

       The Act is amended by inserting after section 213, as added 
     by section 12115 of this title, the following:

     ``SEC. 214. ENFORCEMENT.

       ``(a) In General.--The Secretary shall conduct enforcement 
     activities to carry out this title.
       ``(b) Powers of Authorized Officers.--
       ``(1) In general.--Any person who is authorized to enforce 
     this title may--
       ``(A) board, search, inspect, and seize any vessel or other 
     conveyance suspected of being used to violate this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title, and any equipment, stores, and cargo of 
     such vessel, except that such authority shall not exist with 
     respect to vessels owned or time chartered by a uniformed 
     service (as defined in section 101 of title 10, United States 
     Code) as warships or naval auxiliaries;
       ``(B) seize wherever found any component of coral reef 
     taken or retained in violation of this title, any regulation 
     promulgated under this title, or any permit issued under this 
     title;
       ``(C) seize any evidence of a violation of this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title;
       ``(D) execute any warrant or other process issued by any 
     court of competent jurisdiction;
       ``(E) exercise any other lawful authority; and
       ``(F) arrest any person, if there is reasonable cause to 
     believe that such person has committed an act prohibited 
     under section 212.
       ``(2) Naval auxiliary defined.--In this subsection, the 
     term `naval auxiliary' means a vessel, other than a warship, 
     that is owned by or under the exclusive control of a 
     uniformed service and used at the time of the destruction, 
     take, loss or injury for government, noncommercial service, 
     including combat logistics force vessels, pre-positioned 
     vessels, special mission vessels, or vessels exclusively used 
     to transport military supplies and materials.
       ``(c) Civil Enforcement and Permit Sanctions.--
       ``(1) Civil administrative penalty.--Any person subject to 
     the jurisdiction of the United States who violates this title 
     or any regulation promulgated or permit issued under this 
     title, shall be liable to the United States for a civil 
     administrative penalty of not more than $200,000 for each 
     such violation, to be assessed by the Secretary. Each day of 
     a continuing violation shall constitute a separate violation. 
     In determining the amount of civil administrative penalty, 
     the Secretary shall take into account the nature, 
     circumstances, extent, and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, and any history of prior violations, and such 
     other matters as justice may require. In assessing such 
     penalty, the Secretary may also consider information related 
     to the ability of the violator to pay.
       ``(2) Permit sanctions.--The Secretary may deny, suspend, 
     amend, or revoke, in whole or in part, any permit issued or 
     applied for under this title by--
       ``(A) any person subject to the jurisdiction of the United 
     States who violates this title or any regulation or permit 
     issued under this title; or
       ``(B) any person who has failed to pay or defaulted on a 
     payment agreement of any civil penalty or criminal fine or 
     liability assessed pursuant to any natural resource law 
     administered by the Secretary.
       ``(3) Imposition of civil judicial penalties.--Any person 
     who violates any provision of this title or any regulation 
     promulgated or permit issued under this title, shall be 
     subject to a civil judicial penalty not to exceed $250,000 
     for each such violation. Each day of a continuing violation 
     shall constitute a separate violation. The Attorney General, 
     upon the request of the Secretary, may commence a civil 
     action in an appropriate district court of the United States, 
     and such court shall have jurisdiction to award civil 
     penalties and such other relief as justice may require. In 
     determining the amount of a civil penalty, the court shall 
     take into account the nature, circumstances, extent, and 
     gravity of the prohibited acts committed and, with respect to 
     the violator, the degree of culpability, any history of prior 
     violations, and such other matters as justice may require. In 
     imposing such penalty, the district court may also consider 
     information related to the ability of the violator to pay.
       ``(4) Notice.--No penalty or permit sanction shall be 
     assessed under this subsection until after the person charged 
     has been given notice and an opportunity for a hearing.
       ``(5) In rem jurisdiction.--A vessel used in violating this 
     title, any regulation promulgated under this title, or any 
     permit issued under this title, shall be liable in rem for 
     any civil penalty assessed for such violation. Such penalty 
     shall constitute a maritime lien on the vessel and may be 
     recovered in an action in rem in the district court of the 
     United States having jurisdiction over the vessel.
       ``(6) Collection of penalties.--If any person fails to pay 
     an assessment of a civil penalty under this section after it 
     has become a final and unappealable order, or after the 
     appropriate court has entered final judgment in favor of the 
     Secretary, the Secretary shall refer the matter to the 
     Attorney General, who shall recover the amount assessed in 
     any appropriate district court of the United States (plus 
     interest at current prevailing rates from the date of the 
     final order). In such action, the validity and 
     appropriateness of the final order imposing the civil penalty 
     shall not be subject to review. Any person who fails to pay, 
     on a timely basis, the amount of an assessment of a civil 
     penalty shall be required to pay, in addition to such amount 
     and interest, attorney's fees and costs for collection 
     proceedings and a quarterly nonpayment penalty for each 
     quarter during which such failure to pay persists. Such 
     nonpayment penalty shall be in an amount equal to 20 percent 
     of the aggregate amount of such person's penalties and 
     nonpayment penalties that are unpaid as of the beginning of 
     such quarter.
       ``(7) Compromise or other action by secretary.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil administrative penalty or permit 
     sanction which is or may be imposed under this section and 
     that has not been referred to the Attorney General for 
     further enforcement action.
       ``(8) Jurisidiction.--
       ``(A) In general.--The several district courts of the 
     United States shall have jurisdiction over any actions 
     brought by the United States arising under this section.
       ``(B) Offenses.--Each violation shall be a separate offense 
     and the offense shall be deemed to have been committed--
       ``(i) in the district in which the violation first 
     occurred; and
       ``(ii) in any other district, as authorized by law.
       ``(C) American samoa.--For the purpose of this paragraph, 
     American Samoa shall be included within the judicial district 
     of the District Court of the United States for the District 
     of Hawaii.
       ``(d) Forfeiture.--
       ``(1) Criminal forfeiture.--
       ``(A) In general.--A person who is convicted of an offense 
     in violation of this title shall forfeit to the United 
     States--
       ``(i) any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of the offense, including, 
     without limitation, any coral reef or coral reef component 
     (or the fair market value thereof); and
       ``(ii) any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of the offense, including, without limitation, any 
     vessel (including the vessel's equipment, stores, catch and 
     cargo), vehicle, aircraft, or other means of transportation.
       ``(B) Applicability of controlled substances act.--Pursuant 
     to section 2461(c) of title 28, United States Code, the 
     provisions of subsections (a), (b), (c), and (e) through (q) 
     of section 413 of the Controlled Substances Act (21 U.S.C. 
     853) shall apply to criminal forfeitures under this section.
       ``(2) Civil forfeiture.--Property subject to forfeiture to 
     the United States, in accordance with the provisions of 
     chapter 46 of title 18, United States Code, and to which no 
     private property rights exist, includes--
       ``(A) any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of a violation of this 
     title, including, without limitation, any coral reef or coral 
     reef component (or the fair market value thereof); and
       ``(B) any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of a violation of this title, including, without 
     limitation, any vessel (including the vessel's equipment, 
     stores, catch and cargo), vehicle, aircraft, or other means 
     of transportation.
       ``(3) Application of the customs laws.--All provisions of 
     law relating to seizure, summary judgment, and judicial 
     forfeiture and condemnation for violation of the customs 
     laws, the disposition of the property forfeited or condemned 
     or the proceeds from the sale of such property, the remission 
     or mitigation of such forfeitures, and the compromise of 
     claims shall apply to seizures and forfeitures incurred, or 
     alleged to have been incurred, under the provisions of this 
     title, insofar as applicable and not inconsistent with the 
     provisions of this section. For seizures and forfeitures of 
     property under this section by the Secretary, the duties 
     imposed upon the customs officer or any other person with 
     respect to the seizure and forfeiture of property under the 
     customs law may be performed by officers designated by the 
     Secretary or, upon request of the Secretary, by any other 
     agency that has authority to manage and dispose of seized 
     property.
       ``(4) Presumption.--For the purposes of this section, there 
     is a rebuttable presumption that all coral reefs, or 
     components thereof, found onboard a vessel that is used or 
     seized in connection with a violation of this title or of any 
     regulation promulgated under this title were taken, obtained, 
     or retained in violation of this title or of a regulation 
     promulgated under this title.
       ``(e) Payment of Storage, Care, and Other Costs.--Any 
     person assessed a civil

[[Page 22716]]

     penalty for a violation of this title or of any regulation 
     promulgated under this title and any claimant in a forfeiture 
     action brought for such a violation, shall be liable for the 
     reasonable costs incurred by the Secretary in storage, care, 
     and maintenance of any property seized in connection with the 
     violation.
       ``(f) Expenditures.--
       ``(1) Disposition of receipts.--Notwithstanding section 
     3302 of title 31, United States Code, or section 311 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1861), amounts received by the United States as civil 
     penalties under subsection (c) of this section, forfeitures 
     of property under subsection (d) of this section, and costs 
     imposed under subsection (e) of this section, shall--
       ``(A) be placed into an account;
       ``(B) be available for use by the Secretary without further 
     appropriation; and
       ``(C) remain available until expended.
       ``(2) Use of forfeitures and storage reimbursements.--
     Amounts received under this section for forfeitures under 
     subsection (d) and costs imposed under subsection (e) shall 
     be used to pay the reasonable and necessary costs incurred by 
     the Secretary to provide temporary storage, care, 
     maintenance, and disposal of any property seized in 
     connection with a violation of this title or any regulation 
     promulgated under this title.
       ``(3) Use of civil penalties.--Amounts received under this 
     section as civil penalties under subsection (c) and any 
     amounts remaining after the operation of paragraph (2) of 
     this subsection shall be--
       ``(A) used to stabilize, restore, or otherwise manage the 
     coral reef with respect to which the violation occurred that 
     resulted in the penalty or forfeiture;
       ``(B) transferred to the Emergency Response, Stabilization, 
     and Restoration Account established under section 208(d) or 
     an account described in section 213(d)(1), to reimburse such 
     account for amounts used for authorized emergency actions;
       ``(C) used to conduct monitoring and enforcement 
     activities;
       ``(D) used to conduct research on techniques to stabilize 
     and restore coral reefs;
       ``(E) used to conduct activities that prevent or reduce the 
     likelihood of future damage to coral reefs;
       ``(F) used to stabilize, restore or otherwise manage any 
     other coral reef; or
       ``(G) used to pay a reward to any person who furnishes 
     information leading to an assessment of a civil penalty, or 
     to a forfeiture of property, for a violation of this title or 
     any regulation promulgated under this title.
       ``(g) Criminal Enforcement.--
       ``(1) Interference with enforcement.--Any person (other 
     than a foreign government or any entity of such government) 
     who knowingly commits any act prohibited under section 
     212(c)--
       ``(A) shall be imprisoned for not more than 5 years;
       ``(B) shall be fined not more than $500,000 (for an 
     individual) or $1,000,000 (for an organization); and
       ``(C) if in the commission of any such offense the 
     individual uses a dangerous weapon, engages in conduct that 
     causes bodily injury to any officer authorized to enforce the 
     provisions of this title, or places any such officer in fear 
     of imminent bodily injury, shall be imprisoned for not more 
     than 10 years.
       ``(2) Intentional violation.--Any person (other than a 
     foreign government or any entity of such government) who 
     knowingly violates subsection (b), (d), or (e) of section 212 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 5 years, or both.
       ``(3) Negligent violation.--Any person (other than a 
     foreign government or any entity of such government) who 
     violates subsection (b), (d), or (e) of section 212, and who, 
     in the exercise of due care should know that such person's 
     conduct violates subsection (b), (d), or (e) of section 212, 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 1 year, or both.
       ``(4) Jurisdiction.--The district courts of the United 
     States shall have jurisdiction over any actions brought by 
     the United States arising under this subsection. Each 
     violation shall be a separate offense and the offense shall 
     be deemed to have been committed not only in the district 
     where the violation first occurred, but also in any other 
     district as authorized by law. Any offenses not committed in 
     any district are subject to the venue provisions of section 
     3238 of title 18, United States Code. For the purpose of this 
     paragraph, American Samoa shall be included within the 
     judicial district of the District Court of the United States 
     for the District of Hawaii.
       ``(h) Subpoenas.--In the case of any investigation or 
     hearing under this section or any other natural resource 
     statute administered by the National Oceanic and Atmospheric 
     Administration which is determined on the record in 
     accordance with the procedures provided for under section 554 
     of title 5, United States Code, the Secretary may issue 
     subpoenas for the attendance and testimony of witnesses and 
     the production of relevant papers, books, electronic files, 
     and documents, and may administer oaths.
       ``(i) Preservation of Coast Guard Authority.--Nothing in 
     this section may be construed to limit the authority of the 
     Coast Guard to enforce this or any other Federal law under 
     section 89 of title 14, United States Code.
       ``(j) Injunctive Relief.--
       ``(1) Actual or imminent risk of destruction.--If the 
     Secretary determines that there is an imminent risk of 
     destruction or loss of, or injury to, a coral reef, or that 
     there has been actual destruction or loss of, or injury to, a 
     coral reef which may give rise to liability under section 213 
     of this title, the Attorney General, upon request of the 
     Secretary, shall seek to obtain such relief as may be 
     necessary to abate such risk or actual destruction, loss, or 
     injury, or to restore or replace the coral reef, or both. The 
     district courts of the United States shall have jurisdiction 
     in such a case to order such relief as the public interest 
     and the equities of the case may require.
       ``(2) Violation of title.--Upon the request of the 
     Secretary, the Attorney General may seek to enjoin any person 
     who is alleged to be in violation of any provision of this 
     title, or any regulation or permit issued under this title, 
     and the district courts shall have jurisdiction to grant such 
     relief.
       ``(k) Area of Application and Enforceability.--The area of 
     application and enforceability of this title includes the 
     internal waters of the United States, the territorial sea of 
     the United States, as described in Presidential Proclamation 
     5928 of December 27, 1988, the Exclusive Economic Zone of the 
     United States as described in Presidential Proclamation 5030 
     of March 10, 1983, and the continental shelf, consistent with 
     international law.
       ``(l) Nationwide Service of Process.--In any action by the 
     United States under this title, process may be served in any 
     district where the defendant is found, resides, transacts 
     business, or has appointed an agent for the service of 
     process, and for civil cases may also be served in a place 
     not within the United States in accordance with rule 4 of the 
     Federal Rules of Civil Procedure.
       ``(m) Venue in Civil Actions.--
       ``(1) In general.--A civil action under this title may be 
     brought in the United States district court for any district 
     in which--
       ``(A) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(B) the vessel is located, in the case of an action 
     against a vessel; or
       ``(C) the destruction of, loss of, or injury to a coral 
     reef, or component thereof, occurred or in which there is an 
     imminent risk of such destruction, loss, or injury.
       ``(2) Extraterritorial jurisdiction.--If some or all of the 
     coral reef or a component of the coral reef that is the 
     subject of the action is not within the territory covered by 
     any United States district court, such action may be brought 
     in--
       ``(A) the United States district court for the district 
     closest to the location in which the destruction, loss, 
     injury, or risk of injury occurred; or
       ``(B) the United States District Court for the District of 
     Columbia.''.

     SEC. 12117. PERMITS.

       The Act is amended by inserting after section 214, as added 
     by section 12116 of this title, the following:

     ``SEC. 215. PERMITS.

       ``(a) In General.--The Secretary may issue coral reef 
     conservation permits, in accordance with regulations issued 
     under this title, to allow for the conduct of--
       ``(1) bona fide research; and
       ``(2) activities that would otherwise be prohibited under 
     this title or the regulations issued under this title.
       ``(b) Limitation of Non-research Activities.--The Secretary 
     may not issue a permit under this section for activities 
     other than for bona fide research unless the Secretary 
     determines that--
       ``(1) the activity proposed to be conducted is compatible 
     with 1 or more of the purposes set forth in section 202(b);
       ``(2) the activity conforms to the provisions of all other 
     laws and regulations applicable to the area for which such 
     permit is to be issued; and
       ``(3) there is no practicable alternative to conducting the 
     activity in a manner that destroys, causes the loss of, or 
     injures any coral reef or any component of a coral reef.
       ``(c) Terms and Conditions.--The Secretary may place any 
     terms and conditions on a permit issued under this section 
     that the Secretary considers to be reasonable.
       ``(d) Fees.--
       ``(1) Assessment and collection.--Subject to regulations 
     issued under this title, the Secretary may assess and collect 
     fees as specified in this subsection.
       ``(2) Amount.--Any fee assessed for a permit issued under 
     this section shall be equal to the sum of--
       ``(A) all costs incurred, or expected to be incurred, by 
     the Secretary in processing the permit application, including 
     indirect costs; and
       ``(B) if the permit is approved, all costs incurred, or 
     expected to be incurred, by the Secretary as a direct result 
     of the conduct of the activity for which the permit is 
     issued, including costs of monitoring the conduct of the 
     activity and educating the public about the activity and 
     coral reef resources related to the activity.

[[Page 22717]]

       ``(3) Collection and use of fees.--Fees collected by the 
     Secretary under this subsection--
       ``(A) shall be available for use only to the extent 
     provided in advance in appropriations Acts; and
       ``(B) may be used by the Secretary for issuing and 
     administering permits under this section.
       ``(4) Waiver or reduction of fees.--For any fee assessed 
     under paragraph (2) of this subsection, the Secretary may--
       ``(A) accept in-kind contributions in lieu of a fee; or
       ``(B) waive or reduce the fee.
       ``(e) Fishing.--Nothing in this section may be considered 
     to require a person to obtain a permit under this section for 
     the conduct of any fishing activities not prohibited by this 
     title or regulations issued under this title.''.

     SEC. 12118. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

       The Act is amended by inserting after section 215, as added 
     by section 12117 of this title, the following:

     ``SEC. 216. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

       ``(a) Regional Coordination.--The Secretary and other 
     Federal members of the Coral Reef Task Force shall work in 
     coordination and collaboration with other Federal agencies, 
     States, and United States territorial governments to 
     implement the strategies developed under section 203, 
     including regional and local strategies, to address multiple 
     threats to coral reefs and coral reef ecosystems.
       ``(b) Response and Restoration Activities.--The Secretary 
     shall enter into written agreements with any States in which 
     coral reefs are located regarding the manner in which 
     response and restoration activities will be conducted within 
     the affected State's waters. Nothing in this subsection may 
     be construed to limit Federal response and restoration 
     activity authority before any such agreement is final.
       ``(c) Cooperative Enforcement Agreements.--All cooperative 
     enforcement agreements in place between the Secretary and 
     States affected by this title shall be updated to include 
     enforcement of this title where appropriate.''.

     SEC. 12119. REGULATIONS.

       The Act is amended by inserting after section 216, as added 
     by section 12118, the following:

     ``SEC. 217. REGULATIONS.

       ``(a) In General.--The Secretary may issue such regulations 
     as are necessary and appropriate to carry out the purposes of 
     this title.
       ``(b) Application.--This title and any regulations 
     promulgated under this title shall be applied in accordance 
     with international law.
       ``(c) Limitation.--No restrictions under this title shall 
     apply to or be enforced against a person who is not a 
     citizen, national, or resident alien of the United States 
     (including foreign flag vessels) unless in accordance with 
     international law.''.

     SEC. 12120. EFFECTIVENESS AND ASSESSMENT REPORT.

       Section 218, as redesignated by section 12107(3) of this 
     title, is amended to read as follows:

     ``SEC. 218. EFFECTIVENESS AND ASSESSMENT REPORT.

       ``(a) Effectiveness Report.--Not later than March 1, 2011, 
     and every 3 years thereafter, the Secretary shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Natural 
     Resources of the House of Representatives that describes all 
     activities undertaken to implement the strategy, including--
       ``(1) a description of the funds obligated by each 
     participating Federal agency to advance coral reef 
     conservation during each of the 3 fiscal years after the 
     fiscal year in which the report is submitted;
       ``(2) a description of Federal interagency and cooperative 
     efforts with States and United States territories to prevent 
     or address overharvesting, coastal runoff, or other 
     anthropogenic impacts on coral reefs, including projects 
     undertaken with the Department of the Interior, Department of 
     Agriculture, the Environmental Protection Agency, and the 
     United States Army Corps of Engineers;
       ``(3) a summary of the information contained in the vessel 
     grounding inventory established under section 210, including 
     additional authorization or funding, needed for response and 
     removal of such vessels; and
       ``(4) a description of Federal disaster response actions 
     taken pursuant to the National Response Plan to address 
     damage to coral reefs and coral reef ecosystems.
       ``(b) Assessment Report.--Not later than March 1, 2014, and 
     every 5 years thereafter, the Secretary will submit a report 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives that contains an assessment of the 
     conditions of United States coral reefs, accomplishments 
     under this title, and the effectiveness of management actions 
     to address threats to coral reefs.''.

     SEC. 12121. AUTHORIZATION OF APPROPRIATIONS.

       Section 219, as redesignated by section 12107(4) of this 
     title, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Amounts Authorized.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary to carry out this title--
       ``(A) $34,000,000 for fiscal year 2011;
       ``(B) $36,000,000 for fiscal year 2012;
       ``(C) $38,000,000 for fiscal year 2013; and
       ``(D) $40,000,000 for each of the fiscal years 2014 through 
     2015.
       ``(2) Allocations.--Of the amounts authorized in each 
     fiscal year pursuant to paragraph (1)--
       ``(A) not less than 24 percent shall be used for the coral 
     reef conservation grant program authorized under section 204;
       ``(B) not less than 6 percent shall be used for Fishery 
     Management Councils; and
       ``(C) up to 10 percent shall be used for the account 
     referred to in section 205(a).'';
       (2) in subsection (b), by striking ``$1,000,000'' and 
     inserting ``$2,000,000''; and
       (3) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Community-based Planning Grants.--There are 
     authorized to be appropriated to the Secretary for the 5-year 
     period ending on September 30, 2015, $10,000,000, which shall 
     be used to carry out the grant program authorized under 
     section 210 and shall remain available until expended.
       ``(d) International Coral Reef Conservation Program.--There 
     are authorized to be appropriated to the Secretary for each 
     of the fiscal years 2011 through 2015, $8,000,000, which 
     shall be used to carry out international coral reef 
     conservation activities authorized under section 209 and 
     shall remain available until expended.''.

     SEC. 12122. JUDICIAL REVIEW.

       The Act is amended by inserting after section 219, as 
     redesignated by section 12107(4) of this title, the 
     following:

     ``SEC. 220. JUDICIAL REVIEW.

       ``(a) In General.--Chapter 7 of title 5, United States 
     Code, shall not apply to any action taken by the Secretary 
     under this title, except that--
       ``(1) a final agency action taken by the Secretary pursuant 
     to paragraph (1) or (2) of sections 214(c) may not be 
     reviewed unless an interested person files a complaint, not 
     later than 30 days after the date of such action, in the 
     United States District Court for the appropriate district; 
     and
       ``(2) a final agency action taken by the Secretary pursuant 
     to section 215 may not be reviewed unless an interested 
     person files a petition for review, not later than 120 days 
     after the date of such action, in the Circuit Court of 
     Appeals of the United States for the Federal judicial 
     district in which such person resides or transacts business 
     that is directly affected by such action.
       ``(b) No Review in Enforcement Proceedings.--Final agency 
     action with respect to which review could have been obtained 
     under subsection (a)(2) shall not be subject to judicial 
     review in any civil or criminal proceeding for enforcement.
       ``(c) Cost of Litigation.--In any judicial proceeding under 
     subsection (a), the court may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any prevailing party if the court determines that such award 
     is appropriate.''.

     SEC. 12123. DEFINITIONS.

       Section 221, as redesignated by section 12107(5) of this 
     title, is amended to read as follows:

     ``SEC. 221. DEFINITIONS.

       ``In this title:
       ``(1) Biodiversity.--The term `biodiversity' means the 
     variability among living organisms from all sources, 
     including terrestrial, marine, and other aquatic ecosystems 
     and the ecological complexes of which they are part, and 
     diversity within species, between species, and of ecosystems.
       ``(2) Bona fide research.--The term `bona fide research' 
     means scientific research on corals, the results of which are 
     likely--
       ``(A) to be eligible for publication in a referred 
     scientific journal;
       ``(B) to contribute to the basic knowledge of coral biology 
     or ecology; or
       ``(C) to identify, evaluate, or resolve conservation 
     problems.
       ``(3) Coral.--The term `coral' means species of the phylum 
     Cnidaria, including--
       ``(A) all species of the orders Antipatharia (black 
     corals), Scleractinia (stony corals), Gorgonacea (horny 
     corals), Stolonifera (organpipe corals and others), 
     Alcyonacea (soft corals), and Helioporacea (blue coral) of 
     the class Anthozoa; and
       ``(B) all species of the families Milleporidea (fire 
     corals) and Stylasteridae (stylasterid hydrocorals) of the 
     class Hydrozoa.
       ``(4) Coral reef.--The term `coral reef' means limestone 
     structures composed in whole or in part of living corals, as 
     described in paragraph (3), their skeletal remains, or both, 
     and including other corals, associated sessile invertebrates 
     and plants, and associated seagrasses.
       ``(5) Coral reef component.--The term `coral reef 
     component' means any part of a coral reef, including 
     individual living or dead corals, associated sessile 
     invertebrates and plants, and any adjacent or associated 
     seagrasses.

[[Page 22718]]

       ``(6) Coral reef ecosystem.--The term `coral reef 
     ecosystem' means the system of coral reefs and geographically 
     associated species, habitats, and environment, including any 
     adjacent or associated mangroves and seagrass habitats, and 
     the processes that control its dynamics.
       ``(7) Coral products.--The term `coral products' means any 
     living or dead specimens, parts, or derivatives, or any 
     product containing specimens, parts, or derivatives, of any 
     species referred to in paragraph (3).
       ``(8) Damages.--The term `damages' includes--
       ``(A) compensation for--
       ``(i) the cost of replacing, restoring, or acquiring the 
     equivalent of the coral reef, or a component of the coral 
     reef; and
       ``(ii) the lost services of, or the value of the lost use 
     of, the coral reef or component thereof, or the cost of 
     activities to minimize or prevent threats of, equivalent 
     injury to, or destruction of coral reefs or components 
     thereof, pending restoration or replacement or the 
     acquisition of an equivalent coral reef or a component of the 
     coral reef;
       ``(B) the reasonable cost of damage assessments under 
     section 213;
       ``(C) the reasonable costs incurred by the Secretary in 
     implementing section 208(d);
       ``(D) the reasonable cost of monitoring appropriate to the 
     injured, restored, or replaced resources;
       ``(E) the reasonable cost of curation, conservation and 
     loss of contextual information of any coral encrusted 
     archaeological, historical, and cultural resource;
       ``(F) the cost of legal actions under section 213, 
     undertaken by the United States, associated with the 
     destruction or loss of, or injury to, a coral reef or 
     component thereof, including the costs of attorney time and 
     expert witness fees; and
       ``(G) the indirect costs associated with the costs listed 
     in subparagraphs (A) through (F) of this paragraph.
       ``(9) Emergency actions.--The term `emergency actions' 
     means all necessary actions to prevent or minimize the 
     additional destruction or loss of, or injury to, coral reefs 
     or components of coral reefs, or to minimize the risk of such 
     additional destruction, loss, or injury.
       ``(10) Exclusive economic zone.--The term `Exclusive 
     Economic Zone' means the waters of the Exclusive Economic 
     Zone of the United States under Presidential Proclamation 
     5030, dated March 10, 1983.
       ``(11) Person.--The term `person' means any individual, 
     private or public corporation, partnership, trust, 
     institution, association, or any other public or private 
     entity, whether foreign or domestic, private person or 
     entity, or any officer, employee, agent, Department, agency, 
     or instrumentality of the Federal Government, of any State or 
     local unit of government, or of any foreign government.
       ``(12) Response costs.--The term `response costs' means the 
     costs of actions taken or authorized by the Secretary to 
     minimize destruction or loss of, or injury to, a coral reef, 
     or a component of a coral reef, or to minimize the imminent 
     risks of such destruction, loss, or injury, including costs 
     related to seizure, forfeiture, storage, or disposal arising 
     from liability under section 213.
       ``(13) Secretary.--The term `Secretary' means--
       ``(A) for purposes of sections 201 through 211, sections 
     218 through 220 (except as otherwise provided in subparagraph 
     (B)), and this section, the Secretary of Commerce, acting 
     through the Administrator of the National Oceanic and 
     Atmospheric Administration; and
       ``(B) for purposes of sections 212 through 218 and 220--
       ``(i) the Secretary of the Interior for any coral reef or 
     component thereof located in (I) the National Wildlife Refuge 
     System, (II) the National Park System, and (III) the waters 
     surrounding Wake Island under the jurisdiction of the 
     Secretary of the Interior, as set forth in Executive Order 
     11048 (27 Fed. Reg. 8851 (September 4, 1962)); or
       ``(ii) the Secretary of Commerce for any coral reef or 
     component thereof located in any area not described in clause 
     (i).
       ``(14) Service.--The term `service' means functions, 
     ecological or otherwise, performed by a coral reef or a 
     component of a coral reef.
       ``(15) State.--The term `State' means any State of the 
     United States that contains a coral reef ecosystem within its 
     seaward boundaries, American Samoa, Guam, the Northern 
     Mariana Islands, Puerto Rico, and the Virgin Islands, and any 
     other territory or possession of the United States, or 
     separate sovereign in free association with the United 
     States, that contains a coral reef ecosystem within its 
     seaward boundaries.
       ``(16) Territorial sea.--The term `Territorial Sea' means 
     the waters of the Territorial Sea of the United States under 
     Presidential Proclamation 5928, dated December 27, 1988.''.

              DIVISION L--INDIAN HOMELANDS AND TRUST LAND

                      TITLE CXXX--LEASE AUTHORITY

     SEC. 13001. SHORT TITLE.

       This title may be cited as the ``Blackfoot River Land 
     Settlement Act of 2010''.

     SEC. 13002. FINDING; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) it is the policy of the United States to promote tribal 
     self-determination and economic self-sufficiency and 
     encourage the resolution of disputes over historical claims 
     through mutually agreed upon settlements between Indian 
     tribes and the United States;
       (2) the Shoshone-Bannock Tribes, a federally recognized 
     Indian tribe with tribal headquarters at Fort Hall, Idaho--
       (A) adopted a tribal constitution and bylaws on March 31, 
     1936, that were approved by the Secretary of the Interior on 
     April 30, 1936, pursuant to the Act of June 18, 1934 (25 
     U.S.C. 461 et seq.) (commonly known as the ``Indian 
     Reorganization Act'');
       (B) has entered into various treaties with the United 
     States, including the Second Treaty of Fort Bridger, executed 
     on July 3, 1868; and
       (C) has maintained a continuous government-to-government 
     relationship with the United States since the earliest years 
     of the Union;
       (3)(A) in 1867, President Andrew Johnson designated by 
     Executive order the Fort Hall Reservation for various bands 
     of Shoshone and Bannock Indians;
       (B) the Reservation is located near the cities of Blackfoot 
     and Pocatello in southeastern Idaho; and
       (C) article 4 of the Second Treaty of Fort Bridger secured 
     the Reservation as a ``permanent home'' for the Shoshone-
     Bannock Tribes;
       (4)(A) according to the Executive order referred to in 
     paragraph (3)(A), the Blackfoot River, as the river existed 
     in its natural state--
       (i) is the northern boundary of the Reservation; and
       (ii) flows in a westerly direction along that northern 
     boundary; and
       (B) within the Reservation, land use in the River watershed 
     is dominated by--
       (i) rangeland;
       (ii) dry and irrigated farming; and
       (iii) residential development;
       (5)(A) in 1964, the Corps of Engineers completed a local 
     flood protection project on the River--
       (i) authorized by section 204 of the Flood Control Act of 
     1950 (64 Stat. 170); and
       (ii) sponsored by the Blackfoot River Flood Control 
     District No. 7;
       (B) the project consisted of building levees, replacing 
     irrigation diversion structures, replacing bridges, and 
     channel realignment; and
       (C) the channel realignment portion of the project severed 
     various parcels of land located contiguous to the River along 
     the boundary of the Reservation, resulting in Indian land 
     being located north of the Realigned River and non-Indian 
     land being located south of the Realigned River;
       (6) beginning in 1999, the Cadastral Survey Office of the 
     Bureau of Land Management conducted surveys of--
       (A) 25 parcels of Indian land; and
       (B) 19 parcels of non-Indian land;
       (7) many non-Indian landowners and non-Indians acquiring 
     Indian land have filed claims in the Snake River Basin 
     Adjudication seeking water rights that included a place of 
     use on Indian land; and
       (8) the enactment of this Act and the distribution of funds 
     in accordance with section 13012(b) would represent an 
     agreement among--
       (A) the Tribes;
       (B) the allottees;
       (C) the non-Indians acquiring Indian land; and
       (D) the non-Indian landowners.
       (b) Purposes.--The purposes of this title are--
       (1) to resolve the disputes resulting from realignment of 
     the River by the Corps of Engineers during calendar year 1964 
     pursuant to the project described in subsection (a)(5)(A); 
     and
       (2) to achieve a fair, equitable, and final settlement of 
     all claims and potential claims arising from those disputes.

     SEC. 13003. DEFINITIONS.

       In this title:
       (1) Allottee.--The term ``allottee'' means an heir of an 
     original allottee of the Reservation who owns an interest in 
     a parcel of land that is--
       (A) held in trust by the United States for the benefit of 
     the allottee; and
       (B) located north of the Realigned River within the 
     exterior boundaries of the Reservation.
       (2) Indian land.--The term ``Indian land'' means any parcel 
     of land that is--
       (A) held in trust by the United States for the benefit of 
     the Tribes or the allottees;
       (B) located north of the Realigned River; and
       (C) identified in exhibit A of the survey of the Bureau of 
     Land Management entitled ``Survey of the Blackfoot River of 
     2002 to 2005'', which is located at--
       (i) the Fort Hall Indian Agency office of the Bureau of 
     Indian Affairs; and
       (ii) the Blackfoot River Flood Control District No. 7, 75 
     East Judicial, Blackfoot, Idaho.
       (3) Non-indian acquiring indian land.--The term ``non-
     Indian acquiring Indian land'' means any individual or entity 
     that--
       (A) has acquired or plans to acquire Indian land; and

[[Page 22719]]

       (B) is included on the list contained in exhibit C of the 
     survey referred to in paragraph (2)(C).
       (4) Non-indian land.--The term ``non-Indian land'' means 
     any parcel of fee land that is--
       (A) located south of the Realigned River; and
       (B) identified in exhibit B of the survey referred to in 
     paragraph (2)(C).
       (5) Non-indian landowner.--The term ``non-Indian 
     landowner'' means any individual who holds fee title to non-
     Indian land.
       (6) Realigned river.--The term ``Realigned River'' means 
     that portion of the River that was realigned by the Corps of 
     Engineers during calendar year 1964 pursuant to the project 
     described in section 13002(a)(5)(A).
       (7) Reservation.--The term ``Reservation'' means the Fort 
     Hall Reservation established by Executive order during 
     calendar year 1867 and confirmed by treaty during calendar 
     year 1868.
       (8) River.--The term ``River'' means the Blackfoot River 
     located in the State of Idaho.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Tribes.--The term ``Tribes'' means the Shoshone-
     Bannock Tribes.

     SEC. 13004. EXTINGUISHMENT OF CLAIMS AND TITLE.

       Except as provided in sections 13005 and 13006, effective 
     beginning on the date on which the amounts appropriated 
     pursuant to section 13012 are distributed in accordance with 
     that section, all claims and all past, present, and future 
     right, title, and interest in and to the Indian land and non-
     Indian land shall be extinguished.

     SEC. 13005. LAND TO BE PLACED IN TRUST FOR TRIBES.

       Effective beginning on the date on which the amounts 
     appropriated pursuant to section 13012 are distributed in 
     accordance with that section to the Blackfoot River Flood 
     Control District No. 7, the non-Indian land shall be 
     considered to be held in trust by the United States for the 
     benefit of the Tribes.

     SEC. 13006. TRUST LAND TO BE CONVERTED TO FEE LAND.

       Effective beginning on the date on which the amounts 
     appropriated pursuant to section 13012 are distributed in 
     accordance with that section to the tribal trust fund account 
     and the allottee trust account, the Indian land shall be 
     transferred to the Blackfoot River Flood Control District No. 
     7 for conveyance to the non-Indians acquiring Indian land.

     SEC. 13007. TRIBAL TRUST FUND ACCOUNT AND ALLOTTEE TRUST 
                   ACCOUNT.

       (a) Tribal Trust Fund Account.--
       (1) Establishment.--There is established in the Treasury of 
     the United States an account, to be known as the ``tribal 
     trust fund account'', consisting of such amounts as are 
     deposited in the account under section 13012(b)(1).
       (2) Investment.--The Secretary of the Treasury shall invest 
     amounts in the tribal trust fund account for the benefit of 
     the Tribes, in accordance with applicable laws and 
     regulations.
       (3) Distribution.--The Secretary of the Treasury shall 
     distribute amounts in the tribal trust fund account to the 
     Tribes pursuant to a budget adopted by the Tribes that 
     contains a description of--
       (A) the amounts required by the Tribes; and
       (B) the intended uses of the amounts, in accordance with 
     paragraph (4).
       (4) Use of funds.--The Tribes may use amounts in the tribal 
     trust fund account (including interest earned on those 
     amounts), without fiscal year limitation, for activities 
     relating to--
       (A) construction of a natural resources facility;
       (B) water resources needs;
       (C) economic development;
       (D) land acquisition; and
       (E) such other purposes as the Tribes determine to be 
     appropriate.
       (b) Allottee Trust Account.--
       (1) Establishment.--There is established in the Treasury of 
     the United States an account, to be known as the ``allottee 
     trust account'', consisting of such amounts as are deposited 
     in the account under section 13012(b)(2).
       (2) Deposit into iims.--Not later than 60 days after the 
     date on which amounts are deposited in the allottee trust 
     account under section 13012(b)(2), the Secretary of the 
     Treasury shall deposit the amounts into individual Indian 
     money accounts for the allottees.
       (3) Investment.--The Secretary of the Treasury shall invest 
     amounts in the individual Indian money accounts under 
     paragraph (2) in accordance with applicable laws and 
     regulations.

     SEC. 13008. ATTORNEY FEES.

       (a) In General.--Subject to subsection (b), of the amounts 
     appropriated pursuant to section 13012(a), the Secretary 
     shall pay to the attorneys of the Tribes and the non-Indian 
     landowners such attorneys fees as are approved by the Tribes 
     and the non-Indian landowners.
       (b) Limitation.--The total amount of attorneys fees paid by 
     the Secretary under subsection (a) shall not exceed 2 percent 
     of the amounts distributed to the Tribes, allottees, and the 
     non-Indian landowners under section 13012(b).

     SEC. 13009. EFFECT ON ORIGINAL RESERVATION BOUNDARY.

       Nothing in this title affects the original boundary of the 
     Reservation, as established by Executive order during 
     calendar year 1867 and confirmed by treaty during calendar 
     year 1868.

     SEC. 13010. EFFECT ON TRIBAL WATER RIGHTS.

       Nothing in this title extinguishes or conveys any water 
     rights of the Tribes, as established in the agreement 
     entitled ``1990 Fort Hall Indian Water Rights Agreement'' and 
     ratified by section 4 of the Fort Hall Indian Water Rights 
     Act of 1990 (Public Law 101-602; 104 Stat. 3060).

     SEC. 13011. DISCLAIMERS REGARDING CLAIMS.

       Nothing in this title--
       (1) affects in any manner the sovereign claim of the State 
     of Idaho to title in and to the beds and banks of the River 
     under the equal footing doctrine of the Constitution of the 
     United States;
       (2) affects any action by the State of Idaho to establish 
     that title under section 2409a of title 28, United States 
     Code (commonly known as the ``Quiet Title Act'');
       (3) affects the ability of the Tribes or the United States 
     to claim ownership of the beds and banks of the River; or
       (4) extinguishes or conveys any water rights of non-Indian 
     landowners or the claims of such landowners to water rights 
     in the Snake River Basin Adjudication.

     SEC. 13012. FUNDING.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this title $1,000,000.
       (b) Distribution.--After the date on which all attorneys 
     fees are paid under section 13008, the amount appropriated 
     pursuant to subsection (a) shall be distributed among the 
     Tribes, the allottees, and the Blackfoot River Flood Control 
     District No. 7 as follows:
       (1) 28 percent shall be deposited into the tribal trust 
     fund account established by section 13007(a)(1).
       (2) 25 percent shall be deposited into the allottee trust 
     account established by section 13007(b)(1).
       (3) 47 percent shall be provided to the Blackfoot River 
     Flood Control District No. 7 for--
       (A) distribution to the non-Indian landowners on a pro 
     rata, per-acre basis; and
       (B) associated administrative expenses.
       (c) Per Capita Payments Prohibited.--No amount received by 
     the Tribes under this title shall be distributed to a member 
     of the Tribes on a per capita basis.

     SEC. 13013. EFFECTIVE DATE.

       This title takes effect on the date on which the amount 
     described in section 13012(a) is appropriated.

                     DIVISION M--BUDGETARY EFFECTS

     SEC. 14001. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 4846. Mr. VITTER (for himself, Mr. Risch, Mr. Inhofe, and Mr. 
Barrasso) submitted an amendment intended to be proposed by him to 
Treaty Doc. 111-5, Treaty between the United States of America and the 
Russian Federation on Measures for the Further Reduction and Limitation 
of Strategic Offensive Arms, signed in Prague on April 8, 2010, with 
Protocol; which was ordered to lie on the table; as follows:

       In Article V of the Treaty, strike section 3.
                                 ______
                                 
  SA 4847. Mr. LeMIEUX (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to Treaty Doc. 111-5, Treaty 
between the United States of America and the Russian Federation on 
Measures for the Further Reduction and Limitation of Strategic 
Offensive Arms, signed in Prague on April 8, 2010, with Protocol; which 
was ordered to lie on the table; as follows:

       At the end of Article I of the New START Treaty, add the 
     following:

     3. The Parties shall enter into negotiations within one year 
     of ratification of this Treaty to address the disparity 
     between the non-strategic (tactical) nuclear weapons 
     stockpiles of the Parties, in accordance with the September 
     1991 United States commitments under the Presidential Nuclear 
     Initiatives and Russian Federation commitments made by 
     President Gorbachev in October 1991 and reaffirmed by 
     President Yeltsin in January 1992. The negotiations shall not 
     include discussion of defensive missile systems.

[[Page 22720]]



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