    [111th Congress Public Law 11]
    [From the U.S. Government Publishing Office]

    [[Page 123 STAT. 991]]

    Public Law 111-11
    111th Congress

                                     An Act

       To designate certain land as components of the National Wilderness
    Preservation System, to authorize certain programs and activities in the
     Department of the Interior and the Department of Agriculture, and for
             other purposes. <<NOTE: Mar. 30, 2009 -  [H.R. 146]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Omnibus Public
    Land Management Act of 2009. 16 USC 1 note.>>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Omnibus Public Land
    Management Act of 2009''.
        (b) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 1. Short title; table of contents.

        TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM

                     Subtitle A--Wild Monongahela Wilderness

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

                Subtitle B--Virginia Ridge and Valley Wilderness

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

                     Subtitle C--Mt. Hood Wilderness, Oregon

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

                  Subtitle D--Copper Salmon Wilderness, Oregon

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

             Subtitle E--Cascade-Siskiyou National Monument, Oregon

    Sec. 1401. Definitions.

    [[Page 123 STAT. 992]]

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

                    Subtitle F--Owyhee Public Land Management

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

                   Subtitle G--Sabinoso Wilderness, New Mexico

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

            Subtitle H--Pictured Rocks National Lakeshore Wilderness

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

                     Subtitle I--Oregon Badlands Wilderness

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

                   Subtitle J--Spring Basin Wilderness, Oregon

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

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

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

               Subtitle L--Riverside County Wilderness, California

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

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

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

          Subtitle N--Rocky Mountain National Park Wilderness, Colorado

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

    [[Page 123 STAT. 993]]

                       Subtitle O--Washington County, Utah

    Sec. 1971. Definitions.
    Sec. 1972. Wilderness areas.
    Sec. 1973. Zion National Park wilderness.
    Sec. 1974. Red Cliffs National Conservation Area.
    Sec. 1975. Beaver Dam Wash National Conservation Area.
    Sec. 1976. Zion National Park wild and scenic river designation.
    Sec. 1977. Washington County comprehensive travel and transportation
               management plan.
    Sec. 1978. Land disposal and acquisition.
    Sec. 1979. Management of priority biological areas.
    Sec. 1980. Public purpose conveyances.
    Sec. 1981. Conveyance of Dixie National Forest land.
    Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute
               Indians.
    Sec. 1983. Authorization of appropriations.

               TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

               Subtitle A--National Landscape Conservation System

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

               Subtitle B--Prehistoric Trackways National Monument

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

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

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

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

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

           Subtitle E--Dominguez-Escalante National Conservation Area

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

               Subtitle F--Rio Puerco Watershed Management Program

    Sec. 2501. Rio Puerco Watershed Management Program.

                   Subtitle G--Land Conveyances and Exchanges

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

                    TITLE III--FOREST SERVICE AUTHORIZATIONS

                Subtitle A--Watershed Restoration and Enhancement

    Sec. 3001. Watershed restoration and enhancement agreements.

    [[Page 123 STAT. 994]]

                     Subtitle B--Wildland Firefighter Safety

    Sec. 3101. Wildland firefighter safety.

                            Subtitle C--Wyoming Range

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

                   Subtitle D--Land Conveyances and Exchanges

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

                 Subtitle E--Colorado Northern Front Range Study

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

                     TITLE IV--FOREST LANDSCAPE RESTORATION

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

                           TITLE V--RIVERS AND TRAILS

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

    Sec. 5001. Fossil Creek, Arizona.
    Sec. 5002. Snake River Headwaters, Wyoming.
    Sec. 5003. Taunton River, Massachusetts.

                   Subtitle B--Wild and Scenic Rivers Studies

    Sec. 5101. Missisquoi and Trout Rivers Study.

               Subtitle C--Additions to the National Trails System

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

                  Subtitle D--National Trail System Amendments

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

                           Subtitle E--Effect of Title

    Sec. 5401. Effect.

               TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS

              Subtitle A--Cooperative Watershed Management Program

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

         Subtitle B--Competitive Status for Federal Employees in Alaska

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

              Subtitle C--Wolf Livestock Loss Demonstration Project

    Sec. 6201. Definitions.

    [[Page 123 STAT. 995]]

    Sec. 6202. Wolf compensation and prevention program.
    Sec. 6203. Authorization of appropriations.

               Subtitle D--Paleontological Resources Preservation

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

           Subtitle E--Izembek National Wildlife Refuge Land Exchange

    Sec. 6401. Definitions.
    Sec. 6402. Land exchange.
    Sec. 6403. King Cove Road.
    Sec. 6404. Administration of conveyed lands.
    Sec. 6405. Failure to begin road construction.
    Sec. 6406. Expiration of legislative authority.

                 TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS

                Subtitle A--Additions to the National Park System

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

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

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

                      Subtitle C--Special Resource Studies

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

                       Subtitle D--Program Authorizations

    Sec. 7301. American Battlefield Protection Program.

    [[Page 123 STAT. 996]]

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

                        Subtitle E--Advisory Commissions

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

                       TITLE VIII--NATIONAL HERITAGE AREAS

               Subtitle A--Designation of National Heritage Areas

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

                               Subtitle B--Studies

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

         Subtitle C--Amendments Relating to National Heritage Corridors

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

                           Subtitle D--Effect of Title

    Sec. 8301. Effect on access for recreational activities.

                 TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

                         Subtitle A--Feasibility Studies

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

                       Subtitle B--Project Authorizations

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

                 Subtitle C--Title Transfers and Clarifications

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

                 Subtitle D--San Gabriel Basin Restoration Fund

    Sec. 9301. Restoration Fund.

    [[Page 123 STAT. 997]]

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

    Sec. 9401. Definitions.
    Sec. 9402. Implementation and water accounting.
    Sec. 9403. Enforceability of program documents.
    Sec. 9404. Authorization of appropriations.

                            Subtitle F--Secure Water

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

                        Subtitle G--Aging Infrastructure

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

                           TITLE X--WATER SETTLEMENTS

              Subtitle A--San Joaquin River Restoration Settlement

              PART I--San Joaquin River Restoration Settlement Act

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

                  PART II--Study To Develop Water Plan; Report

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

                     PART III--Friant Division Improvements

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

            Subtitle B--Northwestern New Mexico Rural Water Projects

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

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

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

                   PART II--Reclamation Water Settlements Fund

    Sec. 10501. Reclamation Water Settlements Fund.

                  PART III--Navajo-Gallup Water Supply Project

    Sec. 10601. Purposes.

    [[Page 123 STAT. 998]]

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

                       PART IV--Navajo Nation Water Rights

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

    Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
                                Rights Settlement

    Sec. 10801. Findings.
    Sec. 10802. Purposes.
    Sec. 10803. Definitions.
    Sec. 10804. Approval, ratification, and confirmation of agreement;
               authorization.
    Sec. 10805. Tribal water rights.
    Sec. 10806. Duck Valley Indian Irrigation Project.
    Sec. 10807. Development and Maintenance Funds.
    Sec. 10808. Tribal waiver and release of claims.
    Sec. 10809. Miscellaneous.

            TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS

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

                                TITLE XII--OCEANS

                          Subtitle A--Ocean Exploration

                               PART I--Exploration

    Sec. 12001. Purpose.
    Sec. 12002. Program established.
    Sec. 12003. Powers and duties of the Administrator.
    Sec. 12004. Ocean exploration and undersea research technology and
               infrastructure task force.
    Sec. 12005. Ocean Exploration Advisory Board.
    Sec. 12006. Authorization of appropriations.

               PART II--NOAA Undersea Research Program Act of 2009

    Sec. 12101. Short title.
    Sec. 12102. Program established.
    Sec. 12103. Powers of program director.
    Sec. 12104. Administrative structure.
    Sec. 12105. Research, exploration, education, and technology programs.
    Sec. 12106. Competitiveness.
    Sec. 12107. Authorization of appropriations.

              Subtitle B--Ocean and Coastal Mapping Integration Act

    Sec. 12201. Short title.
    Sec. 12202. Establishment of program.
    Sec. 12203. Interagency committee on ocean and coastal mapping.
    Sec. 12204. Biannual reports.
    Sec. 12205. Plan.
    Sec. 12206. Effect on other laws.
    Sec. 12207. Authorization of appropriations.
    Sec. 12208. Definitions.

     Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009

    Sec. 12301. Short title.
    Sec. 12302. Purposes.
    Sec. 12303. Definitions.
    Sec. 12304. Integrated coastal and ocean observing system.
    Sec. 12305. Interagency financing and agreements.
    Sec. 12306. Application with other laws.

    [[Page 123 STAT. 999]]

    Sec. 12307. Report to Congress.
    Sec. 12308. Public-private use policy.
    Sec. 12309. Independent cost estimate.
    Sec. 12310. Intent of Congress.
    Sec. 12311. Authorization of appropriations.

     Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
                                      2009

    Sec. 12401. Short title.
    Sec. 12402. Purposes.
    Sec. 12403. Definitions.
    Sec. 12404. Interagency subcommittee.
    Sec. 12405. Strategic research plan.
    Sec. 12406. NOAA ocean acidification activities.
    Sec. 12407. NSF ocean acidification activities.
    Sec. 12408. NASA ocean acidification activities.
    Sec. 12409. Authorization of appropriations.

           Subtitle E--Coastal and Estuarine Land Conservation Program

    Sec. 12501. Short title.
    Sec. 12502. Authorization of Coastal and Estuarine Land Conservation
               Program.

                            TITLE XIII--MISCELLANEOUS

    Sec. 13001. Management and distribution of North Dakota trust funds.
    Sec. 13002. Amendments to the Fisheries Restoration and Irrigation
               Mitigation Act of 2000.
    Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act.
    Sec. 13004. Additional Assistant Secretary for Department of Energy.
    Sec. 13005. Lovelace Respiratory Research Institute.
    Sec. 13006. Authorization of appropriations for National Tropical
               Botanical Garden.

               TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT

    Sec. 14001. Short title.

                         Subtitle A--Paralysis Research

    Sec. 14101. Activities of the National Institutes of Health with respect
               to research on paralysis.

             Subtitle B--Paralysis Rehabilitation Research and Care

    Sec. 14201. Activities of the National Institutes of Health with respect
               to research with implications for enhancing daily function
               for persons with paralysis.

      Subtitle C--Improving Quality of Life for Persons With Paralysis and
                           Other Physical Disabilities

    Sec. 14301. Programs to improve quality of life for persons with
               paralysis and other physical disabilities.

           TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION

    Sec. 15101. Laboratory and support space, Edgewater, Maryland.
    Sec. 15102. Laboratory space, Gamboa, Panama.
    Sec. 15103. Construction of greenhouse facility.

        TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM

                     Subtitle A--Wild Monongahela Wilderness

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

        (a) <<NOTE: 16 USC 1132 note.>>  Designation.--In furtherance of the
    purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following
    Federal lands within the Monongahela National Forest in the State of
    West Virginia are designated as wilderness and as either a new component
    of the National Wilderness Preservation System or as an addition

    [[Page 123 STAT. 1000]]

    to an existing component of the National Wilderness Preservation System:
                (1) Certain Federal land comprising approximately 5,144
            acres, as generally depicted on the map entitled ``Big Draft
            Proposed Wilderness'' and dated March 11, 2008, which shall be
            known as the ``Big Draft Wilderness''.
                (2) Certain Federal land comprising approximately 11,951
            acres, as generally depicted on the map entitled ``Cranberry
            Expansion Proposed Wilderness'' and dated March 11, 2008, which
            shall be added to and administered as part of the Cranberry
            Wilderness designated by section 1(1) of Public Law 97-466 (96
            Stat. 2538).
                (3) Certain Federal land comprising approximately 7,156
            acres, as generally depicted on the map entitled ``Dolly Sods
            Expansion Proposed Wilderness'' and dated March 11, 2008, which
            shall be added to and administered as part of the Dolly Sods
            Wilderness designated by section 3(a)(13) of Public Law 93-622
            (88 Stat. 2098).
                (4) Certain Federal land comprising approximately 698 acres,
            as generally depicted on the map entitled ``Otter Creek
            Expansion Proposed Wilderness'' and dated March 11, 2008, which
            shall be added to and administered as part of the Otter Creek
            Wilderness designated by section 3(a)(14) of Public Law 93-622
            (88 Stat. 2098).
                (5) Certain Federal land comprising approximately 6,792
            acres, as generally depicted on the map entitled ``Roaring
            Plains Proposed Wilderness'' and dated March 11, 2008, which
            shall be known as the ``Roaring Plains West Wilderness''.
                (6) Certain Federal land comprising approximately 6,030
            acres, as generally depicted on the map entitled ``Spice Run
            Proposed Wilderness'' and dated March 11, 2008, which shall be
            known as the ``Spice Run Wilderness''.

        (b) Maps and Legal Description.--
                (1) Filing and availability.--As soon as practicable after
            the date of the enactment of this Act, the Secretary of
            Agriculture, acting through the Chief of the Forest Service,
            shall file with the Committee on Natural Resources of the House
            of Representatives and the Committee on Energy and Natural
            Resources of the Senate a map and legal description of each
            wilderness area designated or expanded by subsection (a). The
            maps and legal descriptions shall be on file and available for
            public inspection in the office of the Chief of the Forest
            Service and the office of the Supervisor of the Monongahela
            National Forest.
                (2) Force and effect.--The maps and legal descriptions
            referred to in this subsection shall have the same force and
            effect as if included in this subtitle, except that the
            Secretary may correct errors in the maps and descriptions.

        (c) Administration.--Subject to valid existing rights, the Federal
    lands designated as wilderness by subsection (a) shall be administered
    by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
    et seq.). The Secretary may continue to authorize the competitive
    running event permitted from 2003 through 2007 in the vicinity of the
    boundaries of the Dolly Sods Wilderness addition designated by paragraph
    (3) of subsection (a)

    [[Page 123 STAT. 1001]]

    and the Roaring Plains West Wilderness Area designated by paragraph (5)
    of such subsection, in a manner compatible with the preservation of such
    areas as wilderness.
        (d) Effective Date of Wilderness Act.--With respect to the Federal
    lands designated as wilderness by subsection (a), any reference in the
    Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the
    Wilderness Act shall be deemed to be a reference to the date of the
    enactment of this Act.
        (e) Fish and Wildlife.--As provided in section 4(d)(7) of the
    Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects
    the jurisdiction or responsibility of the State of West Virginia with
    respect to wildlife and fish.
    SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS,
                              MONONGAHELA NATIONAL FOREST.

        (a) <<NOTE: 16 USC 1132 note.>>  Boundary Adjustment.--The boundary
    of the Laurel Fork South Wilderness designated by section 1(3) of Public
    Law 97-466 (96 Stat. 2538) is modified to exclude two parcels of land,
    as generally depicted on the map entitled ``Monongahela National Forest
    Laurel Fork South Wilderness Boundary Modification'' and dated March 11,
    2008, and more particularly described according to the site-specific
    maps and legal descriptions on file in the office of the Forest
    Supervisor, Monongahela National Forest. The general map shall be on
    file and available for public inspection in the Office of the Chief of
    the Forest Service.

        (b) Management.--Federally owned land delineated on the maps
    referred to in subsection (a) as the Laurel Fork South Wilderness, as
    modified by such subsection, shall continue to be administered by the
    Secretary of Agriculture in accordance with the Wilderness Act (16
    U.S.C. 1131 et seq.).
    SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.

        (a) In General.--The boundary of the Monongahela National Forest is
    confirmed to include the tracts of land as generally depicted on the map
    entitled ``Monongahela National Forest Boundary Confirmation'' and dated
    March 13, 2008, and all Federal lands under the jurisdiction of the
    Secretary of Agriculture, acting through the Chief of the Forest
    Service, encompassed within such boundary shall be managed under the
    laws and regulations pertaining to the National Forest System.
        (b) Land and Water Conservation Fund.--For the purposes of section 7
    of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
    the boundaries of the Monongahela National Forest, as confirmed by
    subsection (a), shall be considered to be the boundaries of the
    Monongahela National Forest as of January 1, 1965.
    SEC. 1004. ENHANCED TRAIL OPPORTUNITIES.

        (a) Plan.--
                (1) In general.--The Secretary of Agriculture, in
            consultation with interested parties, shall develop a plan to
            provide for enhanced nonmotorized recreation trail opportunities
            on lands not designated as wilderness within the Monongahela
            National Forest.
                (2) Nonmotorized recreation trail defined.--For the purposes
            of this subsection, the term ``nonmotorized recreation

    [[Page 123 STAT. 1002]]

            trail'' means a trail designed for hiking, bicycling, and
            equestrian use.

        (b) Report.--Not later than two years after the date of the
    enactment of this Act, the Secretary of Agriculture shall submit to
    Congress a report on the implementation of the plan required under
    subsection (a), including the identification of priority trails for
    development.
        (c) Consideration of Conversion of Forest Roads to Recreational
    Uses.--In considering possible closure and decommissioning of a Forest
    Service road within the Monongahela National Forest after the date of
    the enactment of this Act, the Secretary of Agriculture, in accordance
    with applicable law, may consider converting the road to nonmotorized
    uses to enhance recreational opportunities within the Monongahela
    National Forest.

                Subtitle B--Virginia Ridge and Valley Wilderness

    SEC. 1101. <<NOTE: 16 USC 546b note.>>  DEFINITIONS.

        In this subtitle:
                (1) Scenic areas.--The term ``scenic areas'' means the Seng
            Mountain National Scenic Area and the Bear Creek National Scenic
            Area.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.
    SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND
                              IN JEFFERSON NATIONAL FOREST AS
                              WILDERNESS OR A WILDERNESS STUDY AREA.

        (a) Designation of Wilderness.--Section 1 of Public Law 100-326 (16
    U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``System--'' and inserting ``System:'';
                (2) by striking ``certain'' each place it appears and
            inserting ``Certain'';
                (3) in each of paragraphs (1) through (6), by striking the
            semicolon at the end and inserting a period;
                (4) in paragraph (7), by striking ``; and'' and inserting a
            period; and
                (5) by adding at the end the following:
                ``(9) Certain land in the Jefferson National Forest
            comprising approximately 3,743 acres, as generally depicted on
            the map entitled `Brush Mountain and Brush Mountain East' and
            dated May 5, 2008, which shall be known as the `Brush Mountain
            East Wilderness'.
                ``(10) Certain land in the Jefferson National Forest
            comprising approximately 4,794 acres, as generally depicted on
            the map entitled `Brush Mountain and Brush Mountain East' and
            dated May 5, 2008, which shall be known as the `Brush Mountain
            Wilderness'.
                ``(11) Certain land in the Jefferson National Forest
            comprising approximately 4,223 acres, as generally depicted on
            the map entitled `Seng Mountain and Raccoon Branch' and dated
            April 28, 2008, which shall be known as the `Raccoon Branch
            Wilderness'.

    [[Page 123 STAT. 1003]]

                ``(12) Certain land in the Jefferson National Forest
            comprising approximately 3,270 acres, as generally depicted on
            the map entitled `Stone Mountain' and dated April 28, 2008,
            which shall be known as the `Stone Mountain Wilderness'.
                ``(13) Certain land in the Jefferson National Forest
            comprising approximately 8,470 acres, as generally depicted on
            the map entitled `Garden Mountain and Hunting Camp Creek' and
            dated April 28, 2008, which shall be known as the `Hunting Camp
            Creek Wilderness'.
                ``(14) Certain land in the Jefferson National Forest
            comprising approximately 3,291 acres, as generally depicted on
            the map entitled `Garden Mountain and Hunting Camp Creek' and
            dated April 28, 2008, which shall be known as the `Garden
            Mountain Wilderness'.
                ``(15) Certain land in the Jefferson National Forest
            comprising approximately 5,476 acres, as generally depicted on
            the map entitled `Mountain Lake Additions' and dated April 28,
            2008, which is incorporated in the Mountain Lake Wilderness
            designated by section 2(6) of the Virginia Wilderness Act of
            1984 (16 U.S.C. 1132 note; Public Law 98-586).
                ``(16) Certain land in the Jefferson National Forest
            comprising approximately 308 acres, as generally depicted on the
            map entitled `Lewis Fork Addition and Little Wilson Creek
            Additions' and dated April 28, 2008, which is incorporated in
            the Lewis Fork Wilderness designated by section 2(3) of the
            Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
            98-586).
                ``(17) Certain land in the Jefferson National Forest
            comprising approximately 1,845 acres, as generally depicted on
            the map entitled `Lewis Fork Addition and Little Wilson Creek
            Additions' and dated April 28, 2008, which is incorporated in
            the Little Wilson Creek Wilderness designated by section 2(5) of
            the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
            Law 98-586).
                ``(18) Certain land in the Jefferson National Forest
            comprising approximately 2,219 acres, as generally depicted on
            the map entitled `Shawvers Run Additions' and dated April 28,
            2008, which is incorporated in the Shawvers Run Wilderness
            designated by paragraph (4).
                ``(19) Certain land in the Jefferson National Forest
            comprising approximately 1,203 acres, as generally depicted on
            the map entitled `Peters Mountain Addition' and dated April 28,
            2008, which is incorporated in the Peters Mountain Wilderness
            designated by section 2(7) of the Virginia Wilderness Act of
            1984 (16 U.S.C. 1132 note; Public Law 98-586).
                ``(20) Certain land in the Jefferson National Forest
            comprising approximately 263 acres, as generally depicted on the
            map entitled `Kimberling Creek Additions and Potential
            Wilderness Area' and dated April 28, 2008, which is incorporated
            in the Kimberling Creek Wilderness designated by section 2(2) of
            the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
            Law 98-586).''.

        (b) Designation of Wilderness Study Area.--The Virginia Wilderness
    Act of 1984 (16 U.S.C. 1132 note; Public Law 98-586) is amended--
                (1) in the first section, by inserting ``as'' after
            ``cited''; and
                (2) in section 6(a)--

    [[Page 123 STAT. 1004]]

                        (A) by striking ``certain'' each place it appears
                    and inserting ``Certain'';
                        (B) in each of paragraphs (1) and (2), by striking
                    the semicolon at the end and inserting a period;
                        (C) in paragraph (3), by striking ``; and'' and
                    inserting a period; and
                        (D) by adding at the end the following:
                ``(5) Certain land in the Jefferson National Forest
            comprising approximately 3,226 acres, as generally depicted on
            the map entitled `Lynn Camp Creek Wilderness Study Area' and
            dated April 28, 2008, which shall be known as the `Lynn Camp
            Creek Wilderness Study Area'.''.
    SEC. 1103. <<NOTE: 16 USC 1132 note.>>  DESIGNATION OF KIMBERLING
                              CREEK POTENTIAL WILDERNESS AREA,
                              JEFFERSON NATIONAL FOREST, VIRGINIA.

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

        (d) <<NOTE: Effective date.>>  Wilderness Designation.--The
    potential wilderness area shall be designated as wilderness and
    incorporated in the Kimberling Creek Wilderness on the earlier of--
                (1) <<NOTE: Federal Register, publication. Notice.>>  the
            date on which the Secretary publishes in the Federal Register
            notice that the conditions in the potential wilderness area that
            are incompatible with the Wilderness Act (16 U.S.C. 1131 et
            seq.) have been removed; or
                (2) the date that is 5 years after the date of enactment of
            this Act.
    SEC. 1104. <<NOTE: 16 USC 546b.>>  SENG MOUNTAIN AND BEAR CREEK
                              SCENIC AREAS, JEFFERSON NATIONAL FOREST,
                              VIRGINIA.

        (a) Establishment.--There are designated as National Scenic Areas--

    [[Page 123 STAT. 1005]]

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

        (b) Purposes.--The purposes of the scenic areas are--
                (1) to ensure the protection and preservation of scenic
            quality, water quality, natural characteristics, and water
            resources of the scenic areas;
                (2) consistent with paragraph (1), to protect wildlife and
            fish habitat in the scenic areas;
                (3) to protect areas in the scenic areas that may develop
            characteristics of old-growth forests; and
                (4) consistent with paragraphs (1), (2), and (3), to provide
            a variety of recreation opportunities in the scenic areas.

        (c) Administration.--
                (1) In general.--The Secretary shall administer the scenic
            areas in accordance with--
                        (A) this subtitle; and
                        (B) the laws (including regulations) generally
                    applicable to the National Forest System.
                (2) Authorized uses.--The Secretary shall only allow uses of
            the scenic areas that the Secretary determines will further the
            purposes of the scenic areas, as described in subsection (b).

        (d) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years
            after the date of enactment of this Act, the Secretary shall
            develop as an amendment to the land and resource management plan
            for the Jefferson National Forest a management plan for the
            scenic areas.
                (2) Effect.--Nothing in this subsection requires the
            Secretary to revise the land and resource management plan for
            the Jefferson National Forest under section 6 of the Forest and
            Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
            1604).

        (e) Roads.--
                (1) In general.--Except as provided in paragraph (2), after
            the date of enactment of this Act, no roads shall be established
            or constructed within the scenic areas.
                (2) Limitation.--Nothing in this subsection denies any owner
            of private land (or an interest in private land) that is located
            in a scenic area the right to access the private land.

        (f) Timber Harvest.--
                (1) In general.--Except as provided in paragraphs (2) and
            (3), no harvesting of timber shall be allowed within the scenic
            areas.
                (2) Exceptions.--The Secretary may authorize harvesting of
            timber in the scenic areas if the Secretary determines that the
            harvesting is necessary to--
                        (A) control fire;

    [[Page 123 STAT. 1006]]

                        (B) provide for public safety or trail access; or
                        (C) control insect and disease outbreaks.
                (3) Firewood for personal use.--Firewood may be harvested
            for personal use along perimeter roads in the scenic areas,
            subject to any conditions that the Secretary may impose.

        (g) Insect and Disease Outbreaks.--The Secretary may control insect
    and disease outbreaks--
                (1) to maintain scenic quality;
                (2) to prevent tree mortality;
                (3) to reduce hazards to visitors; or
                (4) to protect private land.

        (h) Vegetation Management.--The Secretary may engage in vegetation
    manipulation practices in the scenic areas to maintain the visual
    quality and wildlife clearings in existence on the date of enactment of
    this Act.
        (i) Motorized Vehicles.--
                (1) In general.--Except as provided in paragraph (2),
            motorized vehicles shall not be allowed within the scenic areas.
                (2) Exceptions.--The Secretary may authorize the use of
            motorized vehicles--
                        (A) to carry out administrative activities that
                    further the purposes of the scenic areas, as described
                    in subsection (b);
                        (B) to assist wildlife management projects in
                    existence on the date of enactment of this Act; and
                        (C) during deer and bear hunting seasons--
                              (i) on Forest Development Roads 49410 and 84b;
                          and
                              (ii) on the portion of Forest Development Road
                          6261 designated on the map described in subsection
                          (a)(2) as ``open seasonally''.

        (j) Wildfire Suppression.--Wildfire suppression within the scenic
    areas shall be conducted--
                (1) in a manner consistent with the purposes of the scenic
            areas, as described in subsection (b); and
                (2) using such means as the Secretary determines to be
            appropriate.

        (k) Water.--The Secretary shall administer the scenic areas in a
    manner that maintains and enhances water quality.
        (l) Withdrawal.--Subject to valid existing rights, all Federal land
    in the scenic areas is withdrawn from--
                (1) location, entry, and patent under the mining laws; and
                (2) operation of the mineral leasing and geothermal leasing
            laws.
    SEC. 1105. TRAIL PLAN AND DEVELOPMENT.

        (a) Trail Plan.--The Secretary, in consultation with interested
    parties, shall establish a trail plan to develop--
                (1) in a manner consistent with the Wilderness Act (16
            U.S.C. 1131 et seq.), hiking and equestrian trails in the
            wilderness areas designated by paragraphs (9) through (20) of
            section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as added
            by section 1102(a)(5)); and
                (2) nonmotorized recreation trails in the scenic areas.

        (b) Implementation Report.--Not later than 2 years after the date of
    enactment of this Act, the Secretary shall submit to

    [[Page 123 STAT. 1007]]

    Congress a report that describes the implementation of the trail plan,
    including the identification of priority trails for development.
        (c) Sustainable Trail Required.--The Secretary shall develop a
    sustainable trail, using a contour curvilinear alignment, to provide for
    nonmotorized travel along the southern boundary of the Raccoon Branch
    Wilderness established by section 1(11) of Public Law 100-326 (16 U.S.C.
    1132 note) (as added by section 1102(a)(5)) connecting to Forest
    Development Road 49352 in Smyth County, Virginia.
    SEC. 1106. <<NOTE: 16 USC 546b-1.>>  MAPS AND BOUNDARY
                              DESCRIPTIONS.

        (a) In General.--As soon as practicable after the date of enactment
    of this Act, the Secretary shall file with the Committee on Energy and
    Natural Resources of the Senate and the Committee on Natural Resources
    and the Committee on Agriculture of the House of Representatives maps
    and boundary descriptions of--
                (1) the scenic areas;
                (2) the wilderness areas designated by paragraphs (9)
            through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132
            note) (as added by section 1102(a)(5));
                (3) the wilderness study area designated by section 6(a)(5)
            of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
            Public Law 98-586) (as added by section 1102(b)(2)(D)); and
                (4) the potential wilderness area designated by section
            1103(a).

        (b) Force and Effect.--The maps and boundary descriptions filed
    under subsection (a) shall have the same force and effect as if included
    in this subtitle, except that the Secretary may correct any minor errors
    in the maps and boundary descriptions.
        (c) Availability of Map and Boundary Description.--The maps and
    boundary descriptions filed under subsection (a) shall be on file and
    available for public inspection in the Office of the Chief of the Forest
    Service.
        (d) Conflict.--In the case of a conflict between a map filed under
    subsection (a) and the acreage of the applicable areas specified in this
    subtitle, the map shall control.
    SEC. 1107. EFFECTIVE DATE.

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

                     Subtitle C--Mt. Hood Wilderness, Oregon

    SEC. 1201. <<NOTE: 16 USC 460uuu note.>>  DEFINITIONS.

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

    [[Page 123 STAT. 1008]]

    SEC. 1202. DESIGNATION OF WILDERNESS AREAS.

        (a) <<NOTE: 16 USC 1132 note.>>  Designation of Lewis and Clark
    Mount Hood Wilderness Areas.--In accordance with the Wilderness Act (16
    U.S.C. 1131 et seq.), the following areas in the State of Oregon are
    designated as wilderness areas and as components of the National
    Wilderness Preservation System:
                (1) Badger creek wilderness additions.--Certain Federal land
            managed by the Forest Service, comprising approximately 4,140
            acres, as generally depicted on the maps entitled ``Badger Creek
            Wilderness--Badger Creek Additions'' and ``Badger Creek
            Wilderness--Bonney Butte'', dated July 16, 2007, which is
            incorporated in, and considered to be a part of, the Badger
            Creek Wilderness, as designated by section 3(3) of the Oregon
            Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
                (2) Bull of the woods wilderness addition.--Certain Federal
            land managed by the Forest Service, comprising approximately
            10,180 acres, as generally depicted on the map entitled ``Bull
            of the Woods Wilderness--Bull of the Woods Additions'', dated
            July 16, 2007, which is incorporated in, and considered to be a
            part of, the Bull of the Woods Wilderness, as designated by
            section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C.
            1132 note; 98 Stat. 273).
                (3) Clackamas wilderness.--Certain Federal land managed by
            the Forest Service, comprising approximately 9,470 acres, as
            generally depicted on the maps entitled ``Clackamas Wilderness--
            Big Bottom'', ``Clackamas Wilderness--Clackamas Canyon'',
            ``Clackamas Wilderness--Memaloose Lake'', ``Clackamas
            Wilderness--Sisi Butte'', and ``Clackamas Wilderness--South Fork
            Clackamas'', dated July 16, 2007, which shall be known as the
            ``Clackamas Wilderness''.
                (4) Mark o. hatfield wilderness additions.--Certain Federal
            land managed by the Forest Service, comprising approximately
            25,960 acres, as generally depicted on the maps entitled ``Mark
            O. Hatfield Wilderness--Gorge Face'' and ``Mark O. Hatfield
            Wilderness--Larch Mountain'', dated July 16, 2007, which is
            incorporated in, and considered to be a part of, the Mark O.
            Hatfield Wilderness, as designated by section 3(1) of the Oregon
            Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
                (5) Mount hood wilderness additions.--Certain Federal land
            managed by the Forest Service, comprising approximately 18,450
            acres, as generally depicted on the maps entitled ``Mount Hood
            Wilderness--Barlow Butte'', ``Mount Hood Wilderness--Elk Cove/
            Mazama'', ``Richard L. Kohnstamm Memorial Area'', ``Mount Hood
            Wilderness--Sand Canyon'', ``Mount Hood Wilderness--Sandy
            Additions'', ``Mount Hood Wilderness--Twin Lakes'', and ``Mount
            Hood Wilderness--White River'', dated July 16, 2007, and the map
            entitled ``Mount Hood Wilderness--Cloud Cap'', dated July 20,
            2007, which is incorporated in, and considered to be a part of,
            the Mount Hood Wilderness, as designated under section 3(a) of
            the Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section
            3(d) of the Endangered American Wilderness Act of 1978 (16
            U.S.C. 1132 note; 92 Stat. 43).
                (6) Roaring river wilderness.--Certain Federal land managed
            by the Forest Service, comprising approximately

    [[Page 123 STAT. 1009]]

            36,550 acres, as generally depicted on the map entitled
            ``Roaring River Wilderness--Roaring River Wilderness'', dated
            July 16, 2007, which shall be known as the ``Roaring River
            Wilderness''.
                (7) Salmon-huckleberry wilderness additions.--Certain
            Federal land managed by the Forest Service, comprising
            approximately 16,620 acres, as generally depicted on the maps
            entitled ``Salmon-Huckleberry Wilderness--Alder Creek
            Addition'', ``Salmon-Huckleberry Wilderness--Eagle Creek
            Addition'', ``Salmon-Huckleberry Wilderness--Hunchback
            Mountain'', ``Salmon-Huckleberry Wilderness--Inch Creek'',
            ``Salmon-Huckleberry Wilderness--Mirror Lake'', and ``Salmon-
            Huckleberry Wilderness--Salmon River Meadows'', dated July 16,
            2007, which is incorporated in, and considered to be a part of,
            the Salmon-Huckleberry Wilderness, as designated by section 3(2)
            of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
            Stat. 273).
                (8) Lower white river wilderness.--Certain Federal land
            managed by the Forest Service and Bureau of Land Management,
            comprising approximately 2,870 acres, as generally depicted on
            the map entitled ``Lower White River Wilderness--Lower White
            River'', dated July 16, 2007, which shall be known as the
            ``Lower White River Wilderness''.

        (b) <<NOTE: 16 USC 431 note.>>  Richard L. Kohnstamm Memorial
    Area.--Certain Federal land managed by the Forest Service, as generally
    depicted on the map entitled ``Richard L. Kohnstamm Memorial Area'',
    dated July 16, 2007, is designated as the ``Richard L. Kohnstamm
    Memorial Area''.

        (c) <<NOTE: 16 USC 1132 note.>>  Potential Wilderness Area;
    Additions to Wilderness Areas.--
                (1) Roaring river potential wilderness area.--
                        (A) In general.--In furtherance of the purposes of
                    the Wilderness Act (16 U.S.C. 1131 et seq.), certain
                    Federal land managed by the Forest Service, comprising
                    approximately 900 acres identified as ``Potential
                    Wilderness'' on the map entitled ``Roaring River
                    Wilderness'', dated July 16, 2007, is designated as a
                    potential wilderness area.
                        (B) Management.--The potential wilderness area
                    designated by subparagraph (A) shall be managed in
                    accordance with section 4 of the Wilderness Act (16
                    U.S.C. 1133).
                        (C) <<NOTE: Effective date. Federal Register,
                    publication. Notice.>>  Designation as wilderness.--On
                    the date on which the Secretary publishes in the Federal
                    Register notice that the conditions in the potential
                    wilderness area designated by subparagraph (A) are
                    compatible with the Wilderness Act (16 U.S.C. 1131 et
                    seq.), the potential wilderness shall be--
                              (i) designated as wilderness and as a
                          component of the National Wilderness Preservation
                          System; and
                              (ii) incorporated into the Roaring River
                          Wilderness designated by subsection (a)(6).
                (2) Addition to the mount hood wilderness.--On completion of
            the land exchange under section 1206(a)(2), certain Federal land
            managed by the Forest Service, comprising approximately 1,710
            acres, as generally depicted on the map entitled ``Mount Hood
            Wilderness--Tilly Jane'', dated July 20, 2007, shall be
            incorporated in, and considered to be a part of, the Mount Hood
            Wilderness, as designated under section 3(a) of the Wilderness
            Act (16 U.S.C. 1132(a)) and enlarged

    [[Page 123 STAT. 1010]]

            by section 3(d) of the Endangered American Wilderness Act of
            1978 (16 U.S.C. 1132 note; 92 Stat. 43) and subsection (a)(5).
                (3) Addition to the salmon-huckleberry wilderness.--On
            acquisition by the United States, the approximately 160 acres of
            land identified as ``Land to be acquired by USFS'' on the map
            entitled ``Hunchback Mountain Land Exchange, Clackamas County'',
            dated June 2006, shall be incorporated in, and considered to be
            a part of, the Salmon-Huckleberry Wilderness, as designated by
            section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C.
            1132 note; 98 Stat. 273) and enlarged by subsection (a)(7).

        (d) Maps and Legal Descriptions.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall file a map and a
            legal description of each wilderness area and potential
            wilderness area designated by this section, with--
                        (A) the Committee on Energy and Natural Resources of
                    the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.
                (2) Force of law.--The maps and legal descriptions filed
            under paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            typographical errors in the maps and legal descriptions.
                (3) Public availability.--Each map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Forest
            Service and Bureau of Land Management.
                (4) Description of land.--The boundaries of the areas
            designated as wilderness by subsection (a) that are immediately
            adjacent to a utility right-of-way or a Federal Energy
            Regulatory Commission project boundary shall be 100 feet from
            the boundary of the right-of-way or the project boundary.

        (e) Administration.--
                (1) In general.--Subject to valid existing rights, each area
            designated as wilderness by this section shall be administered
            by the Secretary that has jurisdiction over the land within the
            wilderness, in accordance with the Wilderness Act (16 U.S.C.
            1131 et seq.), except that--
                        (A) any reference in that Act to the effective date
                    shall be considered to be a reference to the date of
                    enactment of this Act; and
                        (B) any reference in that Act to the Secretary of
                    Agriculture shall be considered to be a reference to the
                    Secretary that has jurisdiction over the land within the
                    wilderness.
                (2) Incorporation of acquired land and interests.--Any land
            within the boundary of a wilderness area designated by this
            section that is acquired by the United States shall--
                        (A) become part of the wilderness area in which the
                    land is located; and
                        (B) be managed in accordance with this section, the
                    Wilderness Act (16 U.S.C. 1131 et seq.), and any other
                    applicable law.

        (f) Buffer Zones.--

    [[Page 123 STAT. 1011]]

                (1) In general.--As provided in the Oregon Wilderness Act of
            1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress does not
            intend for designation of wilderness areas in the State under
            this section to lead to the creation of protective perimeters or
            buffer zones around each wilderness area.
                (2) Activities or uses up to boundaries.--The fact that
            nonwilderness activities or uses can be seen or heard from
            within a wilderness area shall not, of itself, preclude the
            activities or uses up to the boundary of the wilderness area.

        (g) Fish and Wildlife.--Nothing in this section affects the
    jurisdiction or responsibilities of the State with respect to fish and
    wildlife.
        (h) Fire, Insects, and Diseases.--As provided in section 4(d)(1) of
    the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas
    designated by this section, the Secretary that has jurisdiction over the
    land within the wilderness (referred to in this subsection as the
    ``Secretary'') may take such measures as are necessary to control fire,
    insects, and diseases, subject to such terms and conditions as the
    Secretary determines to be desirable and appropriate.
        (i) Withdrawal.--Subject to valid rights in existence on the date of
    enactment of this Act, the Federal land designated as wilderness by this
    section is withdrawn from all forms of--
                (1) entry, appropriation, or disposal under the public land
            laws;
                (2) location, entry, and patent under the mining laws; and
                (3) disposition under all laws pertaining to mineral and
            geothermal leasing or mineral materials.
    SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER
                              PROTECTION IN THE MOUNT HOOD AREA.

        (a) Wild and Scenic River Designations, Mount Hood National
    Forest.--
                (1) In general.--Section 3(a) of the Wild and Scenic Rivers
            Act (16 U.S.C. 1274(a)) is amended by adding at the end the
            following:
                ``(171) South fork clackamas river, oregon.--The 4.2-mile
            segment of the South Fork Clackamas River from its confluence
            with the East Fork of the South Fork Clackamas to its confluence
            with the Clackamas River, to be administered by the Secretary of
            Agriculture as a wild river.
                ``(172) Eagle creek, oregon.--The 8.3-mile segment of Eagle
            Creek from its headwaters to the Mount Hood National Forest
            boundary, to be administered by the Secretary of Agriculture as
            a wild river.
                ``(173) Middle fork hood river.--The 3.7-mile segment of the
            Middle Fork Hood River from the confluence of Clear and Coe
            Branches to the north section line of section 11, township 1
            south, range 9 east, to be administered by the Secretary of
            Agriculture as a scenic river.
                ``(174) South fork roaring river, oregon.--The 4.6-mile
            segment of the South Fork Roaring River from its headwaters to
            its confluence with Roaring River, to be administered by the
            Secretary of Agriculture as a wild river.
                ``(175) Zig zag river, oregon.--The 4.3-mile segment of the
            Zig Zag River from its headwaters to the Mount Hood

    [[Page 123 STAT. 1012]]

            Wilderness boundary, to be administered by the Secretary of
            Agriculture as a wild river.
                ``(176) Fifteenmile creek, oregon.--
                        ``(A) In general.--The 11.1-mile segment of
                    Fifteenmile Creek from its source at Senecal Spring to
                    the southern edge of the northwest quarter of the
                    northwest quarter of section 20, township 2 south, range
                    12 east, to be administered by the Secretary of
                    Agriculture in the following classes:
                              ``(i) The 2.6-mile segment from its source at
                          Senecal Spring to the Badger Creek Wilderness
                          boundary, as a wild river.
                              ``(ii) The 0.4-mile segment from the Badger
                          Creek Wilderness boundary to the point 0.4 miles
                          downstream, as a scenic river.
                              ``(iii) The 7.9-mile segment from the point
                          0.4 miles downstream of the Badger Creek
                          Wilderness boundary to the western edge of section
                          20, township 2 south, range 12 east as a wild
                          river.
                              ``(iv) The 0.2-mile segment from the western
                          edge of section 20, township 2 south, range 12
                          east, to the southern edge of the northwest
                          quarter of the northwest quarter of section 20,
                          township 2 south, range 12 east as a scenic river.
                        ``(B) Inclusions.--Notwithstanding section 3(b), the
                    lateral boundaries of both the wild river area and the
                    scenic river area along Fifteenmile Creek shall include
                    an average of not more than 640 acres per mile measured
                    from the ordinary high water mark on both sides of the
                    river.
                ``(177) East fork hood river, oregon.--The 13.5-mile segment
            of the East Fork Hood River from Oregon State Highway 35 to the
            Mount Hood National Forest boundary, to be administered by the
            Secretary of Agriculture as a recreational river.
                ``(178) Collawash river, oregon.--The 17.8-mile segment of
            the Collawash River from the headwaters of the East Fork
            Collawash to the confluence of the mainstream of the Collawash
            River with the Clackamas River, to be administered by the
            Secretary of Agriculture in the following classes:
                        ``(A) The 11.0-mile segment from the headwaters of
                    the East Fork Collawash River to Buckeye Creek, as a
                    scenic river.
                        ``(B) The 6.8-mile segment from Buckeye Creek to the
                    Clackamas River, as a recreational river.
                ``(179) Fish creek, oregon.--The 13.5-mile segment of Fish
            Creek from its headwaters to the confluence with the Clackamas
            River, to be administered by the Secretary of Agriculture as a
            recreational river.''.
                (2) <<NOTE: 16 USC 1274 note.>>  Effect.--The amendments
            made by paragraph (1) do not affect valid existing water rights.

        (b) Protection for Hood River, Oregon.--Section 13(a)(4) of the
    ``Columbia River Gorge National Scenic Area Act'' (16 U.S.C. 544k(a)(4))
    is amended by striking ``for a period not to exceed twenty years from
    the date of enactment of this Act,''.

    [[Page 123 STAT. 1013]]

    SEC. 1204. <<NOTE: 16 USC 460uuu.>>  MOUNT HOOD NATIONAL
                              RECREATION AREA.

        (a) Designation.--To provide for the protection, preservation, and
    enhancement of recreational, ecological, scenic, cultural, watershed,
    and fish and wildlife values, there is established the Mount Hood
    National Recreation Area within the Mount Hood National Forest.
        (b) Boundary.--The Mount Hood National Recreation Area shall consist
    of certain Federal land managed by the Forest Service and Bureau of Land
    Management, comprising approximately 34,550 acres, as generally depicted
    on the maps entitled ``National Recreation Areas--Mount Hood NRA'',
    ``National Recreation Areas--Fifteenmile Creek NRA'', and ``National
    Recreation Areas--Shellrock Mountain'', dated February 2007.
        (c) Map and Legal Description.--
                (1) Submission of legal description.--As soon as practicable
            after the date of enactment of this Act, the Secretary shall
            file a map and a legal description of the Mount Hood National
            Recreation Area with--
                        (A) the Committee on Energy and Natural Resources of
                    the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.
                (2) Force of law.--The map and legal description filed under
            paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            typographical errors in the map and the legal description.
                (3) Public availability.--The map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Forest
            Service.

        (d) Administration.--
                (1) In general.--The Secretary shall--
                        (A) administer the Mount Hood National Recreation
                    Area--
                              (i) in accordance with the laws (including
                          regulations) and rules applicable to the National
                          Forest System; and
                              (ii) consistent with the purposes described in
                          subsection (a); and
                        (B) only allow uses of the Mount Hood National
                    Recreation Area that are consistent with the purposes
                    described in subsection (a).
                (2) Applicable law.--Any portion of a wilderness area
            designated by section 1202 that is located within the Mount Hood
            National Recreation Area shall be administered in accordance
            with the Wilderness Act (16 U.S.C. 1131 et seq.).

        (e) Timber.--The cutting, sale, or removal of timber within the
    Mount Hood National Recreation Area may be permitted--
                (1) to the extent necessary to improve the health of the
            forest in a manner that--
                        (A) maximizes the retention of large trees--
                              (i) as appropriate to the forest type; and
                              (ii) to the extent that the trees promote
                          stands that are fire-resilient and healthy;
                        (B) improves the habitats of threatened, endangered,
                    or sensitive species; or

    [[Page 123 STAT. 1014]]

                        (C) maintains or restores the composition and
                    structure of the ecosystem by reducing the risk of
                    uncharacteristic wildfire;
                (2) to accomplish an approved management activity in
            furtherance of the purposes established by this section, if the
            cutting, sale, or removal of timber is incidental to the
            management activity; or
                (3) for de minimus personal or administrative use within the
            Mount Hood National Recreation Area, where such use will not
            impair the purposes established by this section.

        (f) Road Construction.--No new or temporary roads shall be
    constructed or reconstructed within the Mount Hood National Recreation
    Area except as necessary--
                (1) to protect the health and safety of individuals in cases
            of an imminent threat of flood, fire, or any other catastrophic
            event that, without intervention, would cause the loss of life
            or property;
                (2) to conduct environmental cleanup required by the United
            States;
                (3) to allow for the exercise of reserved or outstanding
            rights provided for by a statute or treaty;
                (4) to prevent irreparable resource damage by an existing
            road; or
                (5) to rectify a hazardous road condition.

        (g) Withdrawal.--Subject to valid existing rights, all Federal land
    within the Mount Hood National Recreation Area is withdrawn from--
                (1) all forms of entry, appropriation, or disposal under the
            public land laws;
                (2) location, entry, and patent under the mining laws; and
                (3) disposition under all laws relating to mineral and
            geothermal leasing.

        (h) Transfer of Administrative Jurisdiction.--
                (1) In general.--Administrative jurisdiction over the
            Federal land described in paragraph (2) is transferred from the
            Bureau of Land Management to the Forest Service.
                (2) Description of land.--The land referred to in paragraph
            (1) is the approximately 130 acres of land administered by the
            Bureau of Land Management that is within or adjacent to the
            Mount Hood National Recreation Area and that is identified as
            ``BLM Lands'' on the map entitled ``National Recreation Areas--
            Shellrock Mountain'', dated February 2007.
    SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM, AND
                              CULTUS CREEK.

        (a) <<NOTE: 16 USC 539n.>>  Crystal Springs Watershed Special
    Resources Management Unit.--
                (1) Establishment.--
                        (A) In general.--On completion of the land exchange
                    under section 1206(a)(2), there shall be established a
                    special resources management unit in the State
                    consisting of certain Federal land managed by the Forest
                    Service, as generally depicted on the map entitled
                    ``Crystal Springs Watershed Special Resources Management
                    Unit'', dated June 2006 (referred to in this subsection
                    as the ``map''), to be known as the ``Crystal Springs
                    Watershed Special

    [[Page 123 STAT. 1015]]

                    Resources Management Unit'' (referred to in this
                    subsection as the ``Management Unit'').
                        (B) Exclusion of certain land.--The Management Unit
                    does not include any National Forest System land
                    otherwise covered by subparagraph (A) that is designated
                    as wilderness by section 1202.
                        (C) Withdrawal.--
                              (i) In general.--Subject to valid rights in
                          existence on the date of enactment of this Act,
                          the Federal land designated as the Management Unit
                          is withdrawn from all forms of--
                                        (I) entry, appropriation, or
                                    disposal under the public land laws;
                                        (II) location, entry, and patent
                                    under the mining laws; and
                                        (III) disposition under all laws
                                    pertaining to mineral and geothermal
                                    leasing or mineral materials.
                              (ii) Exception.--Clause (i)(I) does not apply
                          to the parcel of land generally depicted as ``HES
                          151'' on the map.
                (2) Purposes.--The purposes of the Management Unit are--
                        (A) to ensure the protection of the quality and
                    quantity of the Crystal Springs watershed as a clean
                    drinking water source for the residents of Hood River
                    County, Oregon; and
                        (B) to allow visitors to enjoy the special scenic,
                    natural, cultural, and wildlife values of the Crystal
                    Springs watershed.
                (3) Map and legal description.--
                        (A) Submission of legal description.--As soon as
                    practicable after the date of enactment of this Act, the
                    Secretary shall file a map and a legal description of
                    the Management Unit with--
                              (i) the Committee on Energy and Natural
                          Resources of the Senate; and
                              (ii) the Committee on Natural Resources of the
                          House of Representatives.
                        (B) Force of law.--The map and legal description
                    filed under subparagraph (A) shall have the same force
                    and effect as if included in this subtitle, except that
                    the Secretary may correct typographical errors in the
                    map and legal description.
                        (C) Public availability.--The map and legal
                    description filed under subparagraph (A) shall be on
                    file and available for public inspection in the
                    appropriate offices of the Forest Service.
                (4) Administration.--
                        (A) In general.--The Secretary shall--
                              (i) administer the Management Unit--
                                        (I) in accordance with the laws
                                    (including regulations) and rules
                                    applicable to units of the National
                                    Forest System; and
                                        (II) consistent with the purposes
                                    described in paragraph (2); and

    [[Page 123 STAT. 1016]]

                              (ii) only allow uses of the Management Unit
                          that are consistent with the purposes described in
                          paragraph (2).
                        (B) Fuel reduction in proximity to improvements and
                    primary public roads.--To protect the water quality,
                    water quantity, and scenic, cultural, natural, and
                    wildlife values of the Management Unit, the Secretary
                    may conduct fuel reduction and forest health management
                    treatments to maintain and restore fire-resilient forest
                    structures containing late successional forest structure
                    characterized by large trees and multistoried canopies,
                    as ecologically appropriate, on National Forest System
                    land in the Management Unit--
                              (i) in any area located not more than 400 feet
                          from structures located on--
                                        (I) National Forest System land; or
                                        (II) private land adjacent to
                                    National Forest System land;
                              (ii) in any area located not more than 400
                          feet from the Cooper Spur Road, the Cloud Cap
                          Road, or the Cooper Spur Ski Area Loop Road; and
                              (iii) on any other National Forest System land
                          in the Management Unit, with priority given to
                          activities that restore previously harvested
                          stands, including the removal of logging slash,
                          smaller diameter material, and ladder fuels.
                (5) Prohibited activities.--Subject to valid existing
            rights, the following activities shall be prohibited on National
            Forest System land in the Management Unit:
                        (A) New road construction or renovation of existing
                    non-System roads, except as necessary to protect public
                    health and safety.
                        (B) Projects undertaken for the purpose of
                    harvesting commercial timber (other than activities
                    relating to the harvest of merchantable products that
                    are byproducts of activities conducted to further the
                    purposes described in paragraph (2)).
                        (C) Commercial livestock grazing.
                        (D) The placement of new fuel storage tanks.
                        (E) Except to the extent necessary to further the
                    purposes described in paragraph (2), the application of
                    any toxic chemicals (other than fire retardants),
                    including pesticides, rodenticides, or herbicides.
                (6) Forest road closures.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the Secretary may provide for the closure or gating
                    to the general public of any Forest Service road within
                    the Management Unit.
                        (B) Exception.--Nothing in this subsection requires
                    the Secretary to close the road commonly known as
                    ``Cloud Cap Road'', which shall be administered in
                    accordance with otherwise applicable law.
                (7) Private land.--
                        (A) Effect.--Nothing in this subsection affects the
                    use of, or access to, any private property within the
                    area identified on the map as the ``Crystal Springs Zone
                    of Contribution'' by--

    [[Page 123 STAT. 1017]]

                              (i) the owners of the private property; and
                              (ii) guests to the private property.
                        (B) Cooperation.--The Secretary is encouraged to
                    work with private landowners who have agreed to
                    cooperate with the Secretary to further the purposes of
                    this subsection.
                (8) Acquisition of land.--
                        (A) In general.--The Secretary may acquire from
                    willing landowners any land located within the area
                    identified on the map as the ``Crystal Springs Zone of
                    Contribution''.
                        (B) Inclusion in management unit.--On the date of
                    acquisition, any land acquired under subparagraph (A)
                    shall be incorporated in, and be managed as part of, the
                    Management Unit.

        (b) Protections for Upper Big Bottom and Cultus Creek.--
                (1) In general.--The Secretary shall manage the Federal land
            administered by the Forest Service described in paragraph (2) in
            a manner that preserves the natural and primitive character of
            the land for recreational, scenic, and scientific use.
                (2) Description of land.--The Federal land referred to in
            paragraph (1) is--
                        (A) the approximately 1,580 acres, as generally
                    depicted on the map entitled ``Upper Big Bottom'', dated
                    July 16, 2007; and
                        (B) the approximately 280 acres identified as
                    ``Cultus Creek'' on the map entitled ``Clackamas
                    Wilderness--South Fork Clackamas'', dated July 16, 2007.
                (3) Maps and legal descriptions.--
                        (A) In general.--As soon as practicable after the
                    date of enactment of this Act, the Secretary shall file
                    maps and legal descriptions of the Federal land
                    described in paragraph (2) with--
                              (i) the Committee on Energy and Natural
                          Resources of the Senate; and
                              (ii) the Committee on Natural Resources of the
                          House of Representatives.
                        (B) Force of law.--The maps and legal descriptions
                    filed under subparagraph (A) shall have the same force
                    and effect as if included in this subtitle, except that
                    the Secretary may correct typographical errors in the
                    maps and legal descriptions.
                        (C) Public availability.--Each map and legal
                    description filed under subparagraph (A) shall be on
                    file and available for public inspection in the
                    appropriate offices of the Forest Service.
                (4) Use of land.--
                        (A) In general.--Subject to valid existing rights,
                    with respect to the Federal land described in paragraph
                    (2), the Secretary shall only allow uses that are
                    consistent with the purposes identified in paragraph
                    (1).
                        (B) Prohibited uses.--The following shall be
                    prohibited on the Federal land described in paragraph
                    (2):
                              (i) Permanent roads.
                              (ii) Commercial enterprises.

    [[Page 123 STAT. 1018]]

                              (iii) Except as necessary to meet the minimum
                          requirements for the administration of the Federal
                          land and to protect public health and safety--
                                        (I) the use of motor vehicles; or
                                        (II) the establishment of temporary
                                    roads.
                (5) Withdrawal.--Subject to valid existing rights, the
            Federal land described in paragraph (2) is withdrawn from--
                        (A) all forms of entry, appropriation, or disposal
                    under the public land laws;
                        (B) location, entry, and patent under the mining
                    laws; and
                        (C) disposition under all laws relating to mineral
                    and geothermal leasing.
    SEC. 1206. LAND EXCHANGES.

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

    [[Page 123 STAT. 1019]]

                          to be acquired by the Secretary under this
                          subsection shall be acceptable to the Secretary.
                              (ii) Terms and conditions.--The conveyance of
                          the Federal land and non-Federal land shall be
                          subject to such terms and conditions as the
                          Secretary may require.
                        (D) Appraisals.--
                              (i) In general.--As soon as practicable after
                          the date of enactment of this Act, the Secretary
                          and Mt. Hood Meadows shall select an appraiser to
                          conduct an appraisal of the Federal land and non-
                          Federal land.
                              (ii) Requirements.--An appraisal under clause
                          (i) shall be conducted in accordance with
                          nationally recognized appraisal standards,
                          including--
                                        (I) the Uniform Appraisal Standards
                                    for Federal Land Acquisitions; and
                                        (II) the Uniform Standards of
                                    Professional Appraisal Practice.
                        (E) Surveys.--
                              (i) In general.--The exact acreage and legal
                          description of the Federal land and non-Federal
                          land shall be determined by surveys approved by
                          the Secretary.
                              (ii) Costs.--The responsibility for the costs
                          of any surveys conducted under clause (i), and any
                          other administrative costs of carrying out the
                          land exchange, shall be determined by the
                          Secretary and Mt. Hood Meadows.
                        (F) Deadline for completion of land exchange.--It is
                    the intent of Congress that the land exchange under this
                    subsection shall be completed not later than 16 months
                    after the date of enactment of this Act.
                        (G) Reservation of easements.--As a condition of the
                    conveyance of the Federal land, the Secretary shall
                    reserve--
                              (i) a conservation easement to the Federal
                          land to protect existing wetland, as identified by
                          the Oregon Department of State Lands, that allows
                          equivalent wetland mitigation measures to
                          compensate for minor wetland encroachments
                          necessary for the orderly development of the
                          Federal land; and
                              (ii) a trail easement to the Federal land that
                          allows--
                                        (I) nonmotorized use by the public
                                    of existing trails;
                                        (II) roads, utilities, and
                                    infrastructure facilities to cross the
                                    trails; and
                                        (III) improvement or relocation of
                                    the trails to accommodate development of
                                    the Federal land.

        (b) Port of Cascade Locks Land Exchange.--
                (1) Definitions.--In this subsection:
                        (A) Exchange map.--The term ``exchange map'' means
                    the map entitled ``Port of Cascade Locks/Pacific Crest
                    National Scenic Trail Land Exchange'', dated June 2006.
                        (B) Federal land.--The term ``Federal land'' means
                    the parcel of land consisting of approximately 10 acres
                    of National Forest System land in the Columbia River

    [[Page 123 STAT. 1020]]

                    Gorge National Scenic Area identified as ``USFS Land to
                    be conveyed'' on the exchange map.
                        (C) Non-federal land.--The term ``non-Federal land''
                    means the parcels of land consisting of approximately 40
                    acres identified as ``Land to be acquired by USFS'' on
                    the exchange map.
                        (D) Port.--The term ``Port'' means the Port of
                    Cascade Locks, Cascade Locks, Oregon.
                (2) Land exchange, port of cascade locks-pacific crest
            national scenic trail.--
                        (A) Conveyance of land.--Subject to the provisions
                    of this subsection, if the Port offers to convey to the
                    United States all right, title, and interest of the Port
                    in and to the non-Federal land, the Secretary shall,
                    subject to valid existing rights, convey to the Port all
                    right, title, and interest of the United States in and
                    to the Federal land.
                        (B) Compliance with existing law.--Except as
                    otherwise provided in this subsection, the Secretary
                    shall carry out the land exchange under this subsection
                    in accordance with section 206 of the Federal Land
                    Policy and Management Act of 1976 (43 U.S.C. 1716).
                (3) Conditions on acceptance.--
                        (A) Title.--As a condition of the land exchange
                    under this subsection, title to the non-Federal land to
                    be acquired by the Secretary under this subsection shall
                    be acceptable to the Secretary.
                        (B) Terms and conditions.--The conveyance of the
                    Federal land and non-Federal land shall be subject to
                    such terms and conditions as the Secretary may require.
                (4) Appraisals.--
                        (A) In general.--As soon as practicable after the
                    date of enactment of this Act, the Secretary shall
                    select an appraiser to conduct an appraisal of the
                    Federal land and non-Federal land.
                        (B) Requirements.--An appraisal under subparagraph
                    (A) shall be conducted in accordance with nationally
                    recognized appraisal standards, including--
                              (i) the Uniform Appraisal Standards for
                          Federal Land Acquisitions; and
                              (ii) the Uniform Standards of Professional
                          Appraisal Practice.
                (5) Surveys.--
                        (A) In general.--The exact acreage and legal
                    description of the Federal land and non-Federal land
                    shall be determined by surveys approved by the
                    Secretary.
                        (B) Costs.--The responsibility for the costs of any
                    surveys conducted under subparagraph (A), and any other
                    administrative costs of carrying out the land exchange,
                    shall be determined by the Secretary and the Port.
                (6) Deadline for completion of land exchange.--It is the
            intent of Congress that the land exchange under this subsection
            shall be completed not later than 16 months after the date of
            enactment of this Act.

        (c) Hunchback Mountain Land Exchange and Boundary Adjustment.--
                (1) Definitions.--In this subsection:

    [[Page 123 STAT. 1021]]

                        (A) County.--The term ``County'' means Clackamas
                    County, Oregon.
                        (B) Exchange map.--The term ``exchange map'' means
                    the map entitled ``Hunchback Mountain Land Exchange,
                    Clackamas County'', dated June 2006.
                        (C) Federal land.--The term ``Federal land'' means
                    the parcel of land consisting of approximately 160 acres
                    of National Forest System land in the Mount Hood
                    National Forest identified as ``USFS Land to be
                    Conveyed'' on the exchange map.
                        (D) Non-federal land.--The term ``non-Federal land''
                    means the parcel of land consisting of approximately 160
                    acres identified as ``Land to be acquired by USFS'' on
                    the exchange map.
                (2) Hunchback mountain land exchange.--
                        (A) Conveyance of land.--Subject to the provisions
                    of this paragraph, if the County offers to convey to the
                    United States all right, title, and interest of the
                    County in and to the non-Federal land, the Secretary
                    shall, subject to valid existing rights, convey to the
                    County all right, title, and interest of the United
                    States in and to the Federal land.
                        (B) Compliance with existing law.--Except as
                    otherwise provided in this paragraph, the Secretary
                    shall carry out the land exchange under this paragraph
                    in accordance with section 206 of the Federal Land
                    Policy and Management Act of 1976 (43 U.S.C. 1716).
                        (C) Conditions on acceptance.--
                              (i) Title.--As a condition of the land
                          exchange under this paragraph, title to the non-
                          Federal land to be acquired by the Secretary under
                          this paragraph shall be acceptable to the
                          Secretary.
                              (ii) Terms and conditions.--The conveyance of
                          the Federal land and non-Federal land shall be
                          subject to such terms and conditions as the
                          Secretary may require.
                        (D) Appraisals.--
                              (i) In general.--As soon as practicable after
                          the date of enactment of this Act, the Secretary
                          shall select an appraiser to conduct an appraisal
                          of the Federal land and non-Federal land.
                              (ii) Requirements.--An appraisal under clause
                          (i) shall be conducted in accordance with
                          nationally recognized appraisal standards,
                          including--
                                        (I) the Uniform Appraisal Standards
                                    for Federal Land Acquisitions; and
                                        (II) the Uniform Standards of
                                    Professional Appraisal Practice.
                        (E) Surveys.--
                              (i) In general.--The exact acreage and legal
                          description of the Federal land and non-Federal
                          land shall be determined by surveys approved by
                          the Secretary.
                              (ii) Costs.--The responsibility for the costs
                          of any surveys conducted under clause (i), and any
                          other administrative costs of carrying out the
                          land exchange, shall be determined by the
                          Secretary and the County.

    [[Page 123 STAT. 1022]]

                        (F) Deadline for completion of land exchange.--It is
                    the intent of Congress that the land exchange under this
                    paragraph shall be completed not later than 16 months
                    after the date of enactment of this Act.
                (3) Boundary adjustment.--
                        (A) In general.--The boundary of the Mount Hood
                    National Forest shall be adjusted to incorporate--
                              (i) any land conveyed to the United States
                          under paragraph (2); and
                              (ii) the land transferred to the Forest
                          Service by section 1204(h)(1).
                        (B) Additions to the national forest system.--The
                    Secretary shall administer the land described in
                    subparagraph (A)--
                              (i) in accordance with--
                                        (I) the Act of March 1, 1911
                                    (commonly known as the ``Weeks Law'')
                                    (16 U.S.C. 480 et seq.); and
                                        (II) any laws (including
                                    regulations) applicable to the National
                                    Forest System; and
                              (ii) subject to sections 1202(c)(3) and
                          1204(d), as applicable.
                        (C) Land and water conservation fund.--For the
                    purposes of section 7 of the Land and Water Conservation
                    Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of
                    the Mount Hood National Forest modified by this
                    paragraph shall be considered to be the boundaries of
                    the Mount Hood National Forest in existence as of
                    January 1, 1965.

        (d) Conditions on Development of Federal Land.--
                (1) Requirements applicable to the conveyance of federal
            land.--
                        (A) In general.--As a condition of each of the
                    conveyances of Federal land under this section, the
                    Secretary shall include in the deed of conveyance a
                    requirement that applicable construction activities and
                    alterations shall be conducted in accordance with--
                              (i) nationally recognized building and
                          property maintenance codes; and
                              (ii) nationally recognized codes for
                          development in the wildland-urban interface and
                          wildfire hazard mitigation.
                        (B) Applicable law.--To the maximum extent
                    practicable, the codes required under subparagraph (A)
                    shall be consistent with the nationally recognized codes
                    adopted or referenced by the State or political
                    subdivisions of the State.
                        (C) Enforcement.--The requirements under
                    subparagraph (A) may be enforced by the same entities
                    otherwise enforcing codes, ordinances, and standards.
                (2) Compliance with codes on federal land.--The Secretary
            shall ensure that applicable construction activities and
            alterations undertaken or permitted by the Secretary on National
            Forest System land in the Mount Hood National Forest are
            conducted in accordance with--
                        (A) nationally recognized building and property
                    maintenance codes; and

    [[Page 123 STAT. 1023]]

                        (B) nationally recognized codes for development in
                    the wildland-urban interface development and wildfire
                    hazard mitigation.
                (3) Effect on enforcement by states and political
            subdivisions.--Nothing in this subsection alters or limits the
            power of the State or a political subdivision of the State to
            implement or enforce any law (including regulations), rule, or
            standard relating to development or fire prevention and control.
    SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES.

        (a) Transportation Plan.--
                (1) In general.--The Secretary shall seek to participate in
            the development of an integrated, multimodal transportation plan
            developed by the Oregon Department of Transportation for the
            Mount Hood region to achieve comprehensive solutions to
            transportation challenges in the Mount Hood region--
                        (A) to promote appropriate economic development;
                        (B) to preserve the landscape of the Mount Hood
                    region; and
                        (C) to enhance public safety.
                (2) Issues to be addressed.--In participating in the
            development of the transportation plan under paragraph (1), the
            Secretary shall seek to address--
                        (A) transportation alternatives between and among
                    recreation areas and gateway communities that are
                    located within the Mount Hood region;
                        (B) establishing park-and-ride facilities that shall
                    be located at gateway communities;
                        (C) establishing intermodal transportation centers
                    to link public transportation, parking, and recreation
                    destinations;
                        (D) creating a new interchange on Oregon State
                    Highway 26 located adjacent to or within Government
                    Camp;
                        (E) designating, maintaining, and improving
                    alternative routes using Forest Service or State roads
                    for--
                              (i) providing emergency routes; or
                              (ii) improving access to, and travel within,
                          the Mount Hood region;
                        (F) the feasibility of establishing--
                              (i) a gondola connection that--
                                        (I) connects Timberline Lodge to
                                    Government Camp; and
                                        (II) is located in close proximity
                                    to the site of the historic gondola
                                    corridor; and
                              (ii) an intermodal transportation center to be
                          located in close proximity to Government Camp;
                        (G) burying power lines located in, or adjacent to,
                    the Mount Hood National Forest along Interstate 84 near
                    the City of Cascade Locks, Oregon; and
                        (H) creating mechanisms for funding the
                    implementation of the transportation plan under
                    paragraph (1), including--
                              (i) funds provided by the Federal Government;
                              (ii) public-private partnerships;
                              (iii) incremental tax financing; and

    [[Page 123 STAT. 1024]]

                              (iv) other financing tools that link
                          transportation infrastructure improvements with
                          development.

        (b) Mount Hood National Forest Stewardship Strategy.--
                (1) <<NOTE: Reports.>>  In general.--The Secretary shall
            prepare a report on, and implementation schedule for, the
            vegetation management strategy (including recommendations for
            biomass utilization) for the Mount Hood National Forest being
            developed by the Forest Service.
                (2) Submission to congress.--
                        (A) Report.--Not later than 1 year after the date of
                    enactment of this Act, the Secretary shall submit the
                    report to--
                              (i) the Committee on Energy and Natural
                          Resources of the Senate; and
                              (ii) the Committee on Natural Resources of the
                          House of Representatives.
                        (B) <<NOTE: Deadline.>>  Implementation schedule.--
                    Not later than 1 year after the date on which the
                    vegetation management strategy referred to in paragraph
                    (1) is completed, the Secretary shall submit the
                    implementation schedule to--
                              (i) the Committee on Energy and Natural
                          Resources of the Senate; and
                              (ii) the Committee on Natural Resources of the
                          House of Representatives.

        (c) Local and Tribal Relationships.--
                (1) Management plan.--
                        (A) In general.--The Secretary, in consultation with
                    Indian tribes with treaty-reserved gathering rights on
                    land encompassed by the Mount Hood National Forest and
                    in a manner consistent with the memorandum of
                    understanding entered into between the Department of
                    Agriculture, the Bureau of Land Management, the Bureau
                    of Indian Affairs, and the Confederated Tribes and Bands
                    of the Warm Springs Reservation of Oregon, dated April
                    25, 2003, as modified, shall develop and implement a
                    management plan that meets the cultural foods
                    obligations of the United States under applicable
                    treaties, including the Treaty with the Tribes and Bands
                    of Middle Oregon of June 25, 1855 (12 Stat. 963).
                        (B) Effect.--This paragraph shall be considered to
                    be consistent with, and is intended to help implement,
                    the gathering rights reserved by the treaty described in
                    subparagraph (A).
                (2) Savings provisions regarding relations with indian
            tribes.--
                        (A) Treaty rights.--Nothing in this subtitle alters,
                    modifies, enlarges, diminishes, or abrogates the treaty
                    rights of any Indian tribe, including the off-
                    reservation reserved rights secured by the Treaty with
                    the Tribes and Bands of Middle Oregon of June 25, 1855
                    (12 Stat. 963).
                        (B) Tribal land.--Nothing in this subtitle affects
                    land held in trust by the Secretary of the Interior for
                    Indian tribes or individual members of Indian tribes or
                    other land acquired by the Army Corps of Engineers and
                    administered by the Secretary of the Interior for the
                    benefit of Indian tribes and individual members of
                    Indian tribes.

        (d) Recreational Uses.--

    [[Page 123 STAT. 1025]]

                (1) Mount hood national forest recreational working group.--
            The Secretary may establish a working group for the purpose of
            providing advice and recommendations to the Forest Service on
            planning and implementing recreation enhancements in the Mount
            Hood National Forest.
                (2) Consideration of conversion of forest roads to
            recreational uses.--In considering a Forest Service road in the
            Mount Hood National Forest for possible closure and
            decommissioning after the date of enactment of this Act, the
            Secretary, in accordance with applicable law, shall consider, as
            an alternative to decommissioning the road, converting the road
            to recreational uses to enhance recreational opportunities in
            the Mount Hood National Forest.
                (3) Improved trail access for persons with disabilities.--
            The Secretary, in consultation with the public, may design and
            construct a trail at a location selected by the Secretary in
            Mount Hood National Forest suitable for use by persons with
            disabilities.

                  Subtitle D--Copper Salmon Wilderness, Oregon

    SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS.

        (a) Designation.--Section 3 of the Oregon Wilderness Act of 1984 (16
    U.S.C. 1132 note; Public Law 98-328) is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``eight hundred fifty-nine thousand six hundred acres'' and
            inserting ``873,300 acres'';
                (2) in paragraph (29), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(30) certain land in the Siskiyou National Forest,
            comprising approximately 13,700 acres, as generally depicted on
            the map entitled `Proposed Copper Salmon Wilderness Area' and
            dated December 7, 2007, to be known as the `Copper Salmon
            Wilderness'.''.

        (b) Maps and Legal Description.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary of Agriculture (referred to
            in this subtitle as the ``Secretary'') shall file a map and a
            legal description of the Copper Salmon Wilderness with--
                        (A) the Committee on Energy and Natural Resources of
                    the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.
                (2) Force of law.--The map and legal description filed under
            paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            typographical errors in the map and legal description.
                (3) Boundary.--If the boundary of the Copper Salmon
            Wilderness shares a border with a road, the Secretary may only
            establish an offset that is not more than 150 feet from the
            centerline of the road.
                (4) Public availability.--Each map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Forest
            Service.

    [[Page 123 STAT. 1026]]

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

        Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C.
    1274(a)(76)) is amended--
                (1) in the matter preceding subparagraph (A), by striking
            ``19-mile segment'' and inserting ``29-mile segment'';
                (2) in subparagraph (A), by striking ``; and'' and inserting
            a period; and
                (3) by striking subparagraph (B) and inserting the
            following:
                        ``(B)(i) The approximately 0.6-mile segment of the
                    North Fork Elk from its source in sec. 21, T. 33 S., R.
                    12 W., Willamette Meridian, downstream to 0.01 miles
                    below Forest Service Road 3353, as a scenic river.
                        ``(ii) The approximately 5.5-mile segment of the
                    North Fork Elk from 0.01 miles below Forest Service Road
                    3353 to its confluence with the South Fork Elk, as a
                    wild river.
                        ``(C)(i) The approximately 0.9-mile segment of the
                    South Fork Elk from its source in the southeast quarter
                    of sec. 32, T. 33 S., R. 12 W., Willamette Meridian,
                    downstream to 0.01 miles below Forest Service Road 3353,
                    as a scenic river.
                        ``(ii) The approximately 4.2-mile segment of the
                    South Fork Elk from 0.01 miles below Forest Service Road
                    3353 to its confluence with the North Fork Elk, as a
                    wild river.''.
    SEC. 1303. PROTECTION OF TRIBAL RIGHTS.

        (a) <<NOTE: 16 USC 1274 note.>>  In General.--Nothing in this
    subtitle shall be construed as diminishing any right of any Indian
    tribe.

        (b) Memorandum of Understanding.--The Secretary shall seek to enter
    into a memorandum of understanding with the Coquille Indian Tribe
    regarding access to the Copper Salmon Wilderness to conduct historical
    and cultural activities.

       Subtitle <<NOTE: 16 USC 431 note.>>  E--Cascade-Siskiyou National
    Monument, Oregon
    SEC. 1401. DEFINITIONS.

        In this subtitle:
                (1) Box r ranch land exchange map.--The term ``Box R Ranch
            land exchange map'' means the map entitled ``Proposed Rowlett
            Land Exchange'' and dated June 13, 2006.
                (2) Bureau of land management land.--The term ``Bureau of
            Land Management land'' means the approximately 40 acres of land
            administered by the Bureau of Land Management identified as
            ``Rowlett Selected'', as generally depicted on the Box R Ranch
            land exchange map.
                (3) Deerfield land exchange map.--The term ``Deerfield land
            exchange map'' means the map entitled ``Proposed Deerfield-BLM
            Property Line Adjustment'' and dated May 1, 2008.
                (4) Deerfield parcel.--The term ``Deerfield parcel'' means
            the approximately 1.5 acres of land identified as ``From
            Deerfield to BLM'', as generally depicted on the Deerfield land
            exchange map.
                (5) Federal parcel.--The term ``Federal parcel'' means the
            approximately 1.3 acres of land administered by the Bureau

    [[Page 123 STAT. 1027]]

            of Land Management identified as ``From BLM to Deerfield'', as
            generally depicted on the Deerfield land exchange map.
                (6) Grazing allotment.--The term ``grazing allotment'' means
            any of the Box R, Buck Lake, Buck Mountain, Buck Point, Conde
            Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly,
            Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and
            Soda Mountain grazing allotments in the State.
                (7) Grazing lease.--The term ``grazing lease'' means any
            document authorizing the use of a grazing allotment for the
            purpose of grazing livestock for commercial purposes.
                (8) Landowner.--The term ``Landowner'' means the owner of
            the Box R Ranch in the State.
                (9) Lessee.--The term ``lessee'' means a livestock operator
            that holds a valid existing grazing lease for a grazing
            allotment.
                (10) Livestock.--The term ``livestock'' does not include
            beasts of burden used for recreational purposes.
                (11) Monument.--The term ``Monument'' means the Cascade-
            Siskiyou National Monument in the State.
                (12) Rowlett parcel.--The term ``Rowlett parcel'' means the
            parcel of approximately 40 acres of private land identified as
            ``Rowlett Offered'', as generally depicted on the Box R Ranch
            land exchange map.
                (13) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (14) State.--The term ``State'' means the State of Oregon.
                (15) Wilderness.--The term ``Wilderness'' means the Soda
            Mountain Wilderness designated by section 1405(a).
                (16) Wilderness map.--The term ``wilderness map'' means the
            map entitled ``Soda Mountain Wilderness'' and dated May 5, 2008.
    SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM.

        (a) Existing Grazing Leases.--
                (1) Donation of lease.--
                        (A) Acceptance by secretary.--The Secretary shall
                    accept any grazing lease that is donated by a lessee.
                        (B) Termination.--The Secretary shall terminate any
                    grazing lease acquired under subparagraph (A).
                        (C) No new grazing lease.--Except as provided in
                    paragraph (3), with respect to each grazing lease
                    donated under subparagraph (A), the Secretary shall--
                              (i) not issue any new grazing lease within the
                          grazing allotment covered by the grazing lease;
                          and
                              (ii) ensure a permanent end to livestock
                          grazing on the grazing allotment covered by the
                          grazing lease.
                (2) Donation of portion of grazing lease.--
                        (A) In general.--A lessee with a grazing lease for a
                    grazing allotment partially within the Monument may
                    elect to donate only that portion of the grazing lease
                    that is within the Monument.
                        (B) Acceptance by secretary.--The Secretary shall
                    accept the portion of a grazing lease that is donated
                    under subparagraph (A).
                        (C) Modification of lease.--Except as provided in
                    paragraph (3), if a lessee donates a portion of a
                    grazing lease under subparagraph (A), the Secretary
                    shall--

    [[Page 123 STAT. 1028]]

                              (i) reduce the authorized grazing level and
                          area to reflect the donation; and
                              (ii) modify the grazing lease to reflect the
                          reduced level and area of use.
                        (D) Authorized level.--To ensure that there is a
                    permanent reduction in the level and area of livestock
                    grazing on the land covered by a portion of a grazing
                    lease donated under subparagraph (A), the Secretary
                    shall not allow grazing to exceed the authorized level
                    and area established under subparagraph (C).
                (3) Common allotments.--
                        (A) In general.--If a grazing allotment covered by a
                    grazing lease or portion of a grazing lease that is
                    donated under paragraph (1) or (2) also is covered by
                    another grazing lease that is not donated, the Secretary
                    shall reduce the grazing level on the grazing allotment
                    to reflect the donation.
                        (B) Authorized level.--To ensure that there is a
                    permanent reduction in the level of livestock grazing on
                    the land covered by the grazing lease or portion of a
                    grazing lease donated under paragraph (1) or (2), the
                    Secretary shall not allow grazing to exceed the level
                    established under subparagraph (A).

        (b) Limitations.--The Secretary--
                (1) with respect to the Agate, Emigrant Creek, and Siskiyou
            allotments in and near the Monument--
                        (A) shall not issue any grazing lease; and
                        (B) shall ensure a permanent end to livestock
                    grazing on each allotment; and
                (2) shall not establish any new allotments for livestock
            grazing that include any Monument land (whether leased or not
            leased for grazing on the date of enactment of this Act).

        (c) Effect of Donation.--A lessee who donates a grazing lease or a
    portion of a grazing lease under this section shall be considered to
    have waived any claim to any range improvement on the associated grazing
    allotment or portion of the associated grazing allotment, as applicable.
    SEC. 1403. BOX R RANCH LAND EXCHANGE.

        (a) In General.--For the purpose of protecting and consolidating
    Federal land within the Monument, the Secretary--
                (1) may offer to convey to the Landowner the Bureau of Land
            Management land in exchange for the Rowlett parcel; and
                (2) if the Landowner accepts the offer--
                        (A) the Secretary shall convey to the Landowner all
                    right, title, and interest of the United States in and
                    to the Bureau of Land Management land; and
                        (B) the Landowner shall convey to the Secretary all
                    right, title, and interest of the Landowner in and to
                    the Rowlett parcel.

        (b) Surveys.--
                (1) In general.--The exact acreage and legal description of
            the Bureau of Land Management land and the Rowlett parcel shall
            be determined by surveys approved by the Secretary.

    [[Page 123 STAT. 1029]]

                (2) Costs.--The responsibility for the costs of any surveys
            conducted under paragraph (1), and any other administrative
            costs of carrying out the land exchange, shall be determined by
            the Secretary and the Landowner.

        (c) Conditions.--The conveyance of the Bureau of Land Management
    land and the Rowlett parcel under this section shall be subject to--
                (1) valid existing rights;
                (2) title to the Rowlett parcel being acceptable to the
            Secretary and in conformance with the title approval standards
            applicable to Federal land acquisitions;
                (3) such terms and conditions as the Secretary may require;
            and
                (4) except as otherwise provided in this section, any laws
            (including regulations) applicable to the conveyance and
            acquisition of land by the Bureau of Land Management.

        (d) Appraisals.--
                (1) In general.--The Bureau of Land Management land and the
            Rowlett parcel shall be appraised by an independent appraiser
            selected by the Secretary.
                (2) Requirements.--An appraisal conducted under paragraph
            (1) shall be conducted in accordance with--
                        (A) the Uniform Appraisal Standards for Federal Land
                    Acquisitions; and
                        (B) the Uniform Standards of Professional Appraisal
                    Practice.
                (3) Approval.--The appraisals conducted under this
            subsection shall be submitted to the Secretary for approval.

        (e) Grazing Allotment.--As a condition of the land exchange
    authorized under this section, the lessee of the grazing lease for the
    Box R grazing allotment shall donate the Box R grazing lease in
    accordance with section 1402(a)(1).
    SEC. 1404. DEERFIELD LAND EXCHANGE.

        (a) In General.--For the purpose of protecting and consolidating
    Federal land within the Monument, the Secretary--
                (1) may offer to convey to Deerfield Learning Associates the
            Federal parcel in exchange for the Deerfield parcel; and
                (2) if Deerfield Learning Associates accepts the offer--
                        (A) the Secretary shall convey to Deerfield Learning
                    Associates all right, title, and interest of the United
                    States in and to the Federal parcel; and
                        (B) Deerfield Learning Associates shall convey to
                    the Secretary all right, title, and interest of
                    Deerfield Learning Associates in and to the Deerfield
                    parcel.

        (b) Surveys.--
                (1) In general.--The exact acreage and legal description of
            the Federal parcel and the Deerfield parcel shall be determined
            by surveys approved by the Secretary.
                (2) Costs.--The responsibility for the costs of any surveys
            conducted under paragraph (1), and any other administrative
            costs of carrying out the land exchange, shall be determined by
            the Secretary and Deerfield Learning Associates.

        (c) Conditions.--
                (1) In general.--The conveyance of the Federal parcel and
            the Deerfield parcel under this section shall be subject to--

    [[Page 123 STAT. 1030]]

                        (A) valid existing rights;
                        (B) title to the Deerfield parcel being acceptable
                    to the Secretary and in conformance with the title
                    approval standards applicable to Federal land
                    acquisitions;
                        (C) such terms and conditions as the Secretary may
                    require; and
                        (D) except as otherwise provided in this section,
                    any laws (including regulations) applicable to the
                    conveyance and acquisition of land by the Bureau of Land
                    Management.

        (d) Appraisals.--
                (1) In general.--The Federal parcel and the Deerfield parcel
            shall be appraised by an independent appraiser selected by the
            Secretary.
                (2) Requirements.--An appraisal conducted under paragraph
            (1) shall be conducted in accordance with--
                        (A) the Uniform Appraisal Standards for Federal Land
                    Acquisitions; and
                        (B) the Uniform Standards of Professional Appraisal
                    Practice.
                (3) Approval.--The appraisals conducted under this
            subsection shall be submitted to the Secretary for approval.
    SEC. 1405. SODA MOUNTAIN WILDERNESS.

        (a) <<NOTE: 16 USC 1132 note.>>  Designation.--In accordance with
    the Wilderness Act (16 U.S.C. 1131 et seq.), approximately 24,100 acres
    of Monument land, as generally depicted on the wilderness map, is
    designated as wilderness and as a component of the National Wilderness
    Preservation System, to be known as the ``Soda Mountain Wilderness''.

        (b) Map and Legal Description.--
                (1) Submission of map and legal description.--As soon as
            practicable after the date of enactment of this Act, the
            Secretary shall file a map and legal description of the
            Wilderness with--
                        (A) the Committee on Energy and Natural Resources of
                    the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.
                (2) Force and effect.--
                        (A) In general.--The map and legal description filed
                    under paragraph (1) shall have the same force and effect
                    as if included in this subtitle, except that the
                    Secretary may correct any clerical or typographical
                    error in the map or legal description.
                        (B) Notification.--The Secretary shall submit to
                    Congress notice of any changes made in the map or legal
                    description under subparagraph (A), including notice of
                    the reason for the change.
                (3) Public availability.--The map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Bureau of
            Land Management.

        (c) Administration of Wilderness.--

    [[Page 123 STAT. 1031]]

                (1) In general.--Subject to valid existing rights, the
            Wilderness shall be administered by the Secretary in accordance
            with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
                        (A) any reference in the Wilderness Act to the
                    effective date of the Wilderness Act shall be considered
                    to be a reference to the date of enactment of this Act;
                    and
                        (B) any reference in that Act to the Secretary of
                    Agriculture shall be considered to be a reference to the
                    Secretary of the Interior.
                (2) Fire, insect, and disease management activities.--Except
            as provided by Presidential Proclamation Number 7318, dated June
            9, 2000 (65 Fed. Reg. 37247), within the wilderness areas
            designated by this subtitle, the Secretary may take such
            measures in accordance with section 4(d)(1) of the Wilderness
            Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire,
            insects, and diseases, subject to such terms and conditions as
            the Secretary determines to be desirable and appropriate.
                (3) Livestock.--Except as provided in section 1402 and by
            Presidential Proclamation Number 7318, dated June 9, 2000 (65
            Fed. Reg. 37247), the grazing of livestock in the Wilderness, if
            established before the date of enactment of this Act, shall be
            permitted to continue subject to such reasonable regulations as
            are considered necessary by the Secretary in accordance with--
                        (A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
                    1133(d)(4)); and
                        (B) the guidelines set forth in Appendix A of the
                    report of the Committee on Interior and Insular Affairs
                    of the House of Representatives accompanying H.R. 2570
                    of the 101st Congress (H. Rept. 101-405).
                (4) Fish and wildlife management.--In accordance with
            section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
            nothing in this subtitle affects the jurisdiction of the State
            with respect to fish and wildlife on public land in the State.
                (5) Incorporation of acquired land and interests.--Any land
            or interest in land within the boundary of the Wilderness that
            is acquired by the United States shall--
                        (A) become part of the Wilderness; and
                        (B) be managed in accordance with this subtitle, the
                    Wilderness Act (16 U.S.C. 1131 et seq.), and any other
                    applicable law.
    SEC. 1406. EFFECT.

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

    [[Page 123 STAT. 1032]]

            States, an Indian tribe, a State, or a private individual,
            partnership, or corporation.

    Subtitle <<NOTE: Idaho.>>  F--Owyhee Public Land Management
    SEC. 1501. DEFINITIONS.

        In this subtitle:
                (1) Account.--The term ``account'' means the Owyhee Land
            Acquisition Account established by section 1505(b)(1).
                (2) County.--The term ``County'' means Owyhee County, Idaho.
                (3) Owyhee front.--The term ``Owyhee Front'' means the area
            of the County from Jump Creek on the west to Mud Flat Road on
            the east and draining north from the crest of the Silver City
            Range to the Snake River.
                (4) Plan.--The term ``plan'' means a travel management plan
            for motorized and mechanized off-highway vehicle recreation
            prepared under section 1507.
                (5) Public land.--The term ``public land'' has the meaning
            given the term in section 103(e) of the Federal Land Policy and
            Management Act of 1976 (43 U.S.C. 1702(e)).
                (6) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (7) State.--The term ``State'' means the State of Idaho.
                (8) Tribes.--The term ``Tribes'' means the Shoshone Paiute
            Tribes of the Duck Valley Reservation.
    SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.

        (a) Establishment.--The Secretary, in coordination with the Tribes,
    State, and County, and in consultation with the University of Idaho,
    Federal grazing permittees, and public, shall establish the Owyhee
    Science Review and Conservation Center in the County to conduct research
    projects to address natural resources management issues affecting public
    and private rangeland in the County.
        (b) Purpose.--The purpose of the center established under subsection
    (a) shall be to facilitate the collection and analysis of information to
    provide Federal and State agencies, the Tribes, the County, private
    landowners, and the public with information on improved rangeland
    management.
    SEC. 1503. WILDERNESS AREAS.

        (a) Wilderness Areas Designation.--
                (1) <<NOTE: 16 USC 1132 note.>>  In general.--In accordance
            with the Wilderness Act (16 U.S.C. 1131 et seq.), the following
            areas in the State are designated as wilderness areas and as
            components of the National Wilderness Preservation System:
                        (A) Big jacks creek wilderness.--Certain land
                    comprising approximately 52,826 acres, as generally
                    depicted on the map entitled ``Little Jacks Creek and
                    Big Jacks Creek Wilderness'' and dated May 5, 2008,
                    which shall be known as the ``Big Jacks Creek
                    Wilderness''.
                        (B) Bruneau-jarbidge rivers wilderness.--Certain
                    land comprising approximately 89,996 acres, as generally
                    depicted on the map entitled ``Bruneau-Jarbidge Rivers

    [[Page 123 STAT. 1033]]

                    Wilderness'' and dated December 15, 2008, which shall be
                    known as the ``Bruneau-Jarbidge Rivers Wilderness''.
                        (C) Little jacks creek wilderness.--Certain land
                    comprising approximately 50,929 acres, as generally
                    depicted on the map entitled ``Little Jacks Creek and
                    Big Jacks Creek Wilderness'' and dated May 5, 2008,
                    which shall be known as the ``Little Jacks Creek
                    Wilderness''.
                        (D) North fork owyhee wilderness.--Certain land
                    comprising approximately 43,413 acres, as generally
                    depicted on the map entitled ``North Fork Owyhee and
                    Pole Creek Wilderness'' and dated May 5, 2008, which
                    shall be known as the ``North Fork Owyhee Wilderness''.
                        (E) Owyhee river wilderness.--Certain land
                    comprising approximately 267,328 acres, as generally
                    depicted on the map entitled ``Owyhee River Wilderness''
                    and dated May 5, 2008, which shall be known as the
                    ``Owyhee River Wilderness''.
                        (F) Pole creek wilderness.--Certain land comprising
                    approximately 12,533 acres, as generally depicted on the
                    map entitled ``North Fork Owyhee and Pole Creek
                    Wilderness'' and dated May 5, 2008, which shall be known
                    as the ``Pole Creek Wilderness''.
                (2) Maps and legal descriptions.--
                        (A) In general.--As soon as practicable after the
                    date of enactment of this Act, the Secretary shall
                    submit to the Committee on Energy and Natural Resources
                    of the Senate and the Committee on Natural Resources of
                    the House of Representatives a map and legal description
                    for each area designated as wilderness by this subtitle.
                        (B) Effect.--Each map and legal description
                    submitted under subparagraph (A) shall have the same
                    force and effect as if included in this subtitle, except
                    that the Secretary may correct minor errors in the map
                    or legal description.
                        (C) Availability.--Each map and legal description
                    submitted under subparagraph (A) shall be available in
                    the appropriate offices of the Bureau of Land
                    Management.
                (3) Release of wilderness study areas.--
                        (A) In general.--Congress finds that, for the
                    purposes of section 603(c) of the Federal Land Policy
                    and Management Act of 1976 (43 U.S.C. 1782(c)), the
                    public land in the County administered by the Bureau of
                    Land Management has been adequately studied for
                    wilderness designation.
                        (B) Release.--Any public land referred to in
                    subparagraph (A) that is not designated as wilderness by
                    this subtitle--
                              (i) is no longer subject to section 603(c) of
                          the Federal Land Policy and Management Act of 1976
                          (43 U.S.C. 1782(c)); and
                              (ii) shall be managed in accordance with the
                          applicable land use plan adopted under section 202
                          of that Act (43 U.S.C. 1712).

        (b) Administration.--
                (1) In general.--Subject to valid existing rights, each area
            designated as wilderness by this subtitle shall be administered

    [[Page 123 STAT. 1034]]

            by the Secretary in accordance with the Wilderness Act (16
            U.S.C. 1131 et seq.), except that--
                        (A) any reference in that Act to the effective date
                    shall be considered to be a reference to the date of
                    enactment of this Act; and
                        (B) any reference in that Act to the Secretary of
                    Agriculture shall be considered to be a reference to the
                    Secretary of the Interior.
                (2) Withdrawal.--Subject to valid existing rights, the
            Federal land designated as wilderness by this subtitle is
            withdrawn from all forms of--
                        (A) entry, appropriation, or disposal under the
                    public land laws;
                        (B) location, entry, and patent under the mining
                    laws; and
                        (C) disposition under the mineral leasing, mineral
                    materials, and geothermal leasing laws.
                (3) Livestock.--
                        (A) In general.--In the wilderness areas designated
                    by this subtitle, the grazing of livestock in areas in
                    which grazing is established as of the date of enactment
                    of this Act shall be allowed to continue, subject to
                    such reasonable regulations, policies, and practices as
                    the Secretary considers necessary, consistent with
                    section 4(d)(4) of the Wilderness Act (16 U.S.C.
                    1133(d)(4)) and the guidelines described in Appendix A
                    of House Report 101-405.
                        (B) <<NOTE: Deadline.>>  Inventory.--Not later than
                    1 year after the date of enactment of this Act, the
                    Secretary shall conduct an inventory of existing
                    facilities and improvements associated with grazing
                    activities in the wilderness areas and wild and scenic
                    rivers designated by this subtitle.
                        (C) Fencing.--The Secretary may construct and
                    maintain fencing around wilderness areas designated by
                    this subtitle as the Secretary determines to be
                    appropriate to enhance wilderness values.
                        (D) Donation of grazing permits or leases.--
                              (i) Acceptance by secretary.--The Secretary
                          shall accept the donation of any valid existing
                          permits or leases authorizing grazing on public
                          land, all or a portion of which is within the
                          wilderness areas designated by this subtitle.
                              (ii) Termination.--With respect to each permit
                          or lease donated under clause (i), the Secretary
                          shall--
                                        (I) terminate the grazing permit or
                                    lease; and
                                        (II) except as provided in clause
                                    (iii), ensure a permanent end to grazing
                                    on the land covered by the permit or
                                    lease.
                              (iii) Common allotments.--
                                        (I) In general.--If the land covered
                                    by a permit or lease donated under
                                    clause (i) is also covered by another
                                    valid existing permit or lease that is
                                    not donated under clause (i), the
                                    Secretary shall reduce the authorized
                                    grazing level on the land covered by the
                                    permit or lease to reflect the donation
                                    of the permit or lease under clause (i).
                                        (II) Authorized level.--To ensure
                                    that there is a permanent reduction in
                                    the level of grazing

    [[Page 123 STAT. 1035]]

                                    on the land covered by a permit or lease
                                    donated under clause (i), the Secretary
                                    shall not allow grazing use to exceed
                                    the authorized level established under
                                    subclause (I).
                              (iv) Partial donation.--
                                        (I) In general.--If a person holding
                                    a valid grazing permit or lease donates
                                    less than the full amount of grazing use
                                    authorized under the permit or lease,
                                    the Secretary shall--
                                                (aa) reduce the authorized
                                            grazing level to reflect the
                                            donation; and
                                                (bb) modify the permit or
                                            lease to reflect the revised
                                            level of use.
                                        (II) Authorized level.--To ensure
                                    that there is a permanent reduction in
                                    the authorized level of grazing on the
                                    land covered by a permit or lease
                                    donated under subclause (I), the
                                    Secretary shall not allow grazing use to
                                    exceed the authorized level established
                                    under that subclause.
                (4) Acquisition of land and interests in land.--
                        (A) In general.--Consistent with applicable law, the
                    Secretary may acquire land or interests in land within
                    the boundaries of the wilderness areas designated by
                    this subtitle by purchase, donation, or exchange.
                        (B) Incorporation of acquired land.--Any land or
                    interest in land in, or adjoining the boundary of, a
                    wilderness area designated by this subtitle that is
                    acquired by the United States shall be added to, and
                    administered as part of, the wilderness area in which
                    the acquired land or interest in land is located.
                (5) Trail plan.--
                        (A) In general.--The Secretary, after providing
                    opportunities for public comment, shall establish a
                    trail plan that addresses hiking and equestrian trails
                    on the land designated as wilderness by this subtitle,
                    in a manner consistent with the Wilderness Act (16
                    U.S.C. 1131 et seq.).
                        (B) Report.--Not later than 2 years after the date
                    of enactment of this Act, the Secretary shall submit to
                    Congress a report that describes the implementation of
                    the trail plan.
                (6) Outfitting and guide activities.--Consistent with
            section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)),
            commercial services (including authorized outfitting and guide
            activities) are authorized in wilderness areas designated by
            this subtitle to the extent necessary for activities that
            fulfill the recreational or other wilderness purposes of the
            areas.
                (7) Access to private property.--In accordance with section
            5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
            shall provide any owner of private property within the boundary
            of a wilderness area designated by this subtitle adequate access
            to the property.
                (8) Fish and wildlife.--
                        (A) In general.--Nothing in this subtitle affects
                    the jurisdiction of the State with respect to fish and
                    wildlife on public land in the State.
                        (B) Management activities.--

    [[Page 123 STAT. 1036]]

                              (i) In general.--In furtherance of the
                          purposes and principles of the Wilderness Act (16
                          U.S.C. 1131 et seq.), the Secretary may conduct
                          any management activities that are necessary to
                          maintain or restore fish and wildlife populations
                          and habitats in the wilderness areas designated by
                          this subtitle, if the management activities are--
                                        (I) consistent with relevant
                                    wilderness management plans; and
                                        (II) conducted in accordance with
                                    appropriate policies, such as the
                                    policies established in Appendix B of
                                    House Report 101-405.
                              (ii) Inclusions.--Management activities under
                          clause (i) may include the occasional and
                          temporary use of motorized vehicles, if the use,
                          as determined by the Secretary, would promote
                          healthy, viable, and more naturally distributed
                          wildlife populations that would enhance wilderness
                          values while causing the minimum impact necessary
                          to accomplish those tasks.
                        (C) Existing activities.--Consistent with section
                    4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
                    in accordance with appropriate policies, such as those
                    established in Appendix B of House Report 101-405, the
                    State may use aircraft (including helicopters) in the
                    wilderness areas designated by this subtitle to survey,
                    capture, transplant, monitor, and provide water for
                    wildlife populations, including bighorn sheep, and feral
                    stock, feral horses, and feral burros.
                (9) Wildfire, insect, and disease management.--Consistent
            with section 4(d)(1) of the Wilderness Act (16 U.S.C.
            1133(d)(1)), the Secretary may take any measures that the
            Secretary determines to be necessary to control fire, insects,
            and diseases, including, as the Secretary determines
            appropriate, the coordination of those activities with a State
            or local agency.
                (10) Adjacent management.--
                        (A) In general.--The designation of a wilderness
                    area by this subtitle shall not create any protective
                    perimeter or buffer zone around the wilderness area.
                        (B) Nonwilderness activities.--The fact that
                    nonwilderness activities or uses can be seen or heard
                    from areas within a wilderness area designated by this
                    subtitle shall not preclude the conduct of those
                    activities or uses outside the boundary of the
                    wilderness area.
                (11) Military overflights.--Nothing in this subtitle
            restricts or precludes--
                        (A) low-level overflights of military aircraft over
                    the areas designated as wilderness by this subtitle,
                    including military overflights that can be seen or heard
                    within the wilderness areas;
                        (B) flight testing and evaluation; or
                        (C) the designation or creation of new units of
                    special use airspace, or the establishment of military
                    flight training routes, over the wilderness areas.
                (12) Water rights.--
                        (A) In general.--The designation of areas as
                    wilderness by subsection (a) shall not create an express
                    or implied

    [[Page 123 STAT. 1037]]

                    reservation by the United States of any water or water
                    rights for wilderness purposes with respect to such
                    areas.
                        (B) Exclusions.--This paragraph does not apply to
                    any components of the National Wild and Scenic Rivers
                    System designated by section 1504.
    SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS.

        (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
    U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is amended by adding
    at the end the following:
                ``(180) Battle creek, idaho.--The 23.4 miles of Battle Creek
            from the confluence of the Owyhee River to the upstream boundary
            of the Owyhee River Wilderness, to be administered by the
            Secretary of the Interior as a wild river.
                ``(181) Big jacks creek, idaho.--The 35.0 miles of Big Jacks
            Creek from the downstream border of the Big Jacks Creek
            Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which it
            enters the NW \1/4\ of sec. 26, T. 10 S., R. 2 E., Boise
            Meridian, to be administered by the Secretary of the Interior as
            a wild river.
                ``(182) Bruneau river, idaho.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the 39.3-mile segment of the Bruneau
                    River from the downstream boundary of the Bruneau-
                    Jarbidge Wilderness to the upstream confluence with the
                    west fork of the Bruneau River, to be administered by
                    the Secretary of the Interior as a wild river.
                        ``(B) Exception.--Notwithstanding subparagraph (A),
                    the 0.6-mile segment of the Bruneau River at the Indian
                    Hot Springs public road access shall be administered by
                    the Secretary of the Interior as a recreational river.
                ``(183) West fork bruneau river, idaho.--The approximately
            0.35 miles of the West Fork of the Bruneau River from the
            confluence with the Jarbidge River to the downstream boundary of
            the Bruneau Canyon Grazing Allotment in the SE/NE of sec. 5, T.
            13 S., R. 7 E., Boise Meridian, to be administered by the
            Secretary of the Interior as a wild river.
                ``(184) Cottonwood creek, idaho.--The 2.6 miles of
            Cottonwood Creek from the confluence with Big Jacks Creek to the
            upstream boundary of the Big Jacks Creek Wilderness, to be
            administered by the Secretary of the Interior as a wild river.
                ``(185) Deep creek, idaho.--The 13.1-mile segment of Deep
            Creek from the confluence with the Owyhee River to the upstream
            boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R.
            2 W., Boise Meridian, to be administered by the Secretary of the
            Interior as a wild river.
                ``(186) Dickshooter creek, idaho.--The 9.25 miles of
            Dickshooter Creek from the confluence with Deep Creek to a point
            on the stream \1/4\ mile due west of the east boundary of sec.
            16, T. 12 S., R. 2 W., Boise Meridian, to be administered by the
            Secretary of the Interior as a wild river.
                ``(187) Duncan creek, idaho.--The 0.9-mile segment of Duncan
            Creek from the confluence with Big Jacks Creek upstream to the
            east boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, to
            be administered by the Secretary of the Interior as a wild
            river.

    [[Page 123 STAT. 1038]]

                ``(188) Jarbidge river, idaho.--The 28.8 miles of the
            Jarbidge River from the confluence with the West Fork Bruneau
            River to the upstream boundary of the Bruneau-Jarbidge Rivers
            Wilderness, to be administered by the Secretary of the Interior
            as a wild river.
                ``(189) Little jacks creek, idaho.--The 12.4 miles of Little
            Jacks Creek from the downstream boundary of the Little Jacks
            Creek Wilderness, upstream to the mouth of OX Prong Creek, to be
            administered by the Secretary of the Interior as a wild river.
                ``(190) North fork owyhee river, idaho.--The following
            segments of the North Fork of the Owyhee River, to be
            administered by the Secretary of the Interior:
                        ``(A) The 5.7-mile segment from the Idaho-Oregon
                    State border to the upstream boundary of the private
                    land at the Juniper Mt. Road crossing, as a recreational
                    river.
                        ``(B) The 15.1-mile segment from the upstream
                    boundary of the North Fork Owyhee River recreational
                    segment designated in paragraph (A) to the upstream
                    boundary of the North Fork Owyhee River Wilderness, as a
                    wild river.
                ``(191) Owyhee river, idaho.--
                        ``(A) In general.--Subject to subparagraph (B), the
                    67.3 miles of the Owyhee River from the Idaho-Oregon
                    State border to the upstream boundary of the Owyhee
                    River Wilderness, to be administered by the Secretary of
                    the Interior as a wild river.
                        ``(B) Access.--The Secretary of the Interior shall
                    allow for continued access across the Owyhee River at
                    Crutchers Crossing, subject to such terms and conditions
                    as the Secretary of the Interior determines to be
                    necessary.
                ``(192) Red canyon, idaho.--The 4.6 miles of Red Canyon from
            the confluence of the Owyhee River to the upstream boundary of
            the Owyhee River Wilderness, to be administered by the Secretary
            of the Interior as a wild river.
                ``(193) Sheep creek, idaho.--The 25.6 miles of Sheep Creek
            from the confluence with the Bruneau River to the upstream
            boundary of the Bruneau-Jarbidge Rivers Wilderness, to be
            administered by the Secretary of the Interior as a wild river.
                ``(194) South fork owyhee river, idaho.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the 31.4-mile segment of the South
                    Fork of the Owyhee River upstream from the confluence
                    with the Owyhee River to the upstream boundary of the
                    Owyhee River Wilderness at the Idaho-Nevada State
                    border, to be administered by the Secretary of the
                    Interior as a wild river.
                        ``(B) Exception.--Notwithstanding subparagraph (A),
                    the 1.2-mile segment of the South Fork of the Owyhee
                    River from the point at which the river enters the
                    southernmost boundary to the point at which the river
                    exits the northernmost boundary of private land in sec.
                    25 and 26, T. 14 S., R. 5 W., Boise Meridian, shall be
                    administered by the Secretary of the Interior as a
                    recreational river.
                ``(195) Wickahoney creek, idaho.--The 1.5 miles of
            Wickahoney Creek from the confluence of Big Jacks Creek to the
            upstream boundary of the Big Jacks Creek Wilderness,

    [[Page 123 STAT. 1039]]

            to be administered by the Secretary of the Interior as a wild
            river.''.

        (b) <<NOTE: 16 USC 1274 note.>>  Boundaries.--Notwithstanding
    section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the
    boundary of a river segment designated as a component of the National
    Wild and Scenic Rivers System under this subtitle shall extend not more
    than the shorter of--
                (1) an average distance of \1/4\ mile from the high water
            mark on both sides of the river segment; or
                (2) the distance to the nearest confined canyon rim.

        (c) <<NOTE: 16 USC 1274 note.>>  Land Acquisition.--The Secretary
    shall not acquire any private land within the exterior boundary of a
    wild and scenic river corridor without the consent of the owner.
    SEC. 1505. LAND IDENTIFIED FOR DISPOSAL.

        (a) In General.--Consistent with applicable law, the Secretary may
    sell public land located within the Boise District of the Bureau of Land
    Management that, as of July 25, 2000, has been identified for disposal
    in appropriate resource management plans.
        (b) Use of Proceeds.--
                (1) In general.--Notwithstanding any other provision of law
            (other than a law that specifically provides for a proportion of
            the proceeds of a land sale to be distributed to any trust fund
            of the State), proceeds from the sale of public land under
            subsection (a) shall be deposited in a separate account in the
            Treasury of the United States to be known as the ``Owyhee Land
            Acquisition Account''.
                (2) Availability.--
                        (A) In general.--Amounts in the account shall be
                    available to the Secretary, without further
                    appropriation, to purchase land or interests in land in,
                    or adjacent to, the wilderness areas designated by this
                    subtitle, including land identified as ``Proposed for
                    Acquisition'' on the maps described in section
                    1503(a)(1).
                        (B) Applicable law.--Any purchase of land or
                    interest in land under subparagraph (A) shall be in
                    accordance with applicable law.
                (3) Applicability.--This subsection applies to public land
            within the Boise District of the Bureau of Land Management sold
            on or after January 1, 2008.
                (4) Additional amounts.--If necessary, the Secretary may use
            additional amounts appropriated to the Department of the
            Interior, subject to applicable reprogramming guidelines.

        (c) Termination of Authority.--
                (1) In general.--The authority provided under this section
            terminates on the earlier of--
                        (A) the date that is 10 years after the date of
                    enactment of this Act; or
                        (B) the date on which a total of $8,000,000 from the
                    account is expended.
                (2) Availability of amounts.--Any amounts remaining in the
            account on the termination of authority under this section shall
            be--
                        (A) credited as sales of public land in the State;
                        (B) transferred to the Federal Land Disposal Account
                    established under section 206(a) of the Federal Land
                    Transaction Facilitation Act (43 U.S.C. 2305(a)); and

    [[Page 123 STAT. 1040]]

                        (C) used in accordance with that subtitle.
    SEC. 1506. TRIBAL CULTURAL RESOURCES.

        (a) Coordination.--The Secretary shall coordinate with the Tribes in
    the implementation of the Shoshone Paiute Cultural Resource Protection
    Plan.
        (b) Agreements.--The Secretary shall seek to enter into agreements
    with the Tribes to implement the Shoshone Paiute Cultural Resource
    Protection Plan to protect cultural sites and resources important to the
    continuation of the traditions and beliefs of the Tribes.
    SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS.

        (a) In General.--In accordance with the Federal Land Policy and
    Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary shall, in
    coordination with the Tribes, State, and County, prepare 1 or more
    travel management plans for motorized and mechanized off-highway vehicle
    recreation for the land managed by the Bureau of Land Management in the
    County.
        (b) Inventory.--Before preparing the plan under subsection (a), the
    Secretary shall conduct resource and route inventories of the area
    covered by the plan.
        (c) Limitation to Designated Routes.--
                (1) In general.--Except as provided in paragraph (2), the
            plan shall limit recreational motorized and mechanized off-
            highway vehicle use to a system of designated roads and trails
            established by the plan.
                (2) Exception.--Paragraph (1) shall not apply to
            snowmobiles.

        (d) Temporary Limitation.--
                (1) In general.--Except as provided in paragraph (2), until
            the date on which the Secretary completes the plan, all
            recreational motorized and mechanized off-highway vehicle use
            shall be limited to roads and trails lawfully in existence on
            the day before the date of enactment of this Act.
                (2) Exception.--Paragraph (1) shall not apply to--
                        (A) snowmobiles; or
                        (B) areas specifically identified as open, closed,
                    or limited in the Owyhee Resource Management Plan.

        (e) Schedule.--
                (1) <<NOTE: Deadline. Transportation plan.>>  Owyhee
            front.--It is the intent of Congress that, not later than 1 year
            after the date of enactment of this Act, the Secretary shall
            complete a transportation plan for the Owyhee Front.
                (2) Other bureau of land management land in the county.--It
            is the intent <<NOTE: Deadline. Transportation plan.>>  of
            Congress that, not later than 3 years after the date of
            enactment of this Act, the Secretary shall complete a
            transportation plan for Bureau of Land Management land in the
            County outside the Owyhee Front.
    SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.

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

    [[Page 123 STAT. 1041]]

                   Subtitle G--Sabinoso Wilderness, New Mexico

    SEC. 1601. DEFINITIONS.

        In this subtitle:
                (1) Map.--The term ``map'' means the map entitled ``Sabinoso
            Wilderness'' and dated September 8, 2008.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (3) State.--The term ``State'' means the State of New
            Mexico.
    SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS.

        (a) <<NOTE: 16 USC 1132 note.>>  In General.--In furtherance of the
    purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the
    approximately 16,030 acres of land under the jurisdiction of the Taos
    Field Office Bureau of Land Management, New Mexico, as generally
    depicted on the map, is designated as wilderness and as a component of
    the National Wilderness Preservation System, to be known as the
    ``Sabinoso Wilderness''.

        (b) Map and Legal Description.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall file a map and a
            legal description of the Sabinoso Wilderness with--
                        (A) the Committee on Energy and Natural Resources of
                    the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.
                (2) Force of law.--The map and legal description filed under
            paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            any clerical and typographical errors in the map and legal
            description.
                (3) Public availability.--The map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Bureau of
            Land Management.

        (c) Administration of Wilderness.--
                (1) In general.--Subject to valid existing rights, the
            Sabinoso Wilderness shall be administered by the Secretary in
            accordance with this subtitle and the Wilderness Act (16 U.S.C.
            1131 et seq.), except that--
                        (A) any reference in the Wilderness Act to the
                    effective date of that Act shall be considered to be a
                    reference to the date of enactment of this Act; and
                        (B) any reference in the Wilderness Act to the
                    Secretary of Agriculture shall be considered to be a
                    reference to the Secretary of the Interior.
                (2) Incorporation of acquired land and interests.--Any land
            or interest in land within the boundary of the Sabinoso
            Wilderness that is acquired by the United States shall--
                        (A) become part of the Sabinoso Wilderness; and
                        (B) be managed in accordance with this subtitle and
                    any other laws applicable to the Sabinoso Wilderness.

    [[Page 123 STAT. 1042]]

                (3) Grazing.--The grazing of livestock in the Sabinoso
            Wilderness, if established before the date of enactment of this
            Act, shall be administered in accordance with--
                        (A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
                    1133(d)(4)); and
                        (B) the guidelines set forth in Appendix A of the
                    report of the Committee on Interior and Insular Affairs
                    of the House of Representatives accompanying H.R. 2570
                    of the 101st Congress (H. Rept. 101-405).
                (4) Fish and wildlife.--In accordance with section 4(d)(7)
            of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
            subtitle affects the jurisdiction of the State with respect to
            fish and wildlife in the State.
                (5) Access.--
                        (A) In general.--In accordance with section 5(a) of
                    the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
                    shall continue to allow private landowners adequate
                    access to inholdings in the Sabinoso Wilderness.
                        (B) Certain land.--For access purposes, private land
                    within T. 16 N., R. 23 E., secs. 17 and 20 and the N\1/
                    2\ of sec. 21, N.M.M., shall be managed as an inholding
                    in the Sabinoso Wilderness.

        (d) Withdrawal.--Subject to valid existing rights, the land
    generally depicted on the map as ``Lands Withdrawn From Mineral Entry''
    and ``Lands Released From Wilderness Study Area & Withdrawn From Mineral
    Entry'' is withdrawn from--
                (1) all forms of entry, appropriation, and disposal under
            the public land laws, except disposal by exchange in accordance
            with section 206 of the Federal Land Policy and Management Act
            of 1976 (43 U.S.C. 1716);
                (2) location, entry, and patent under the mining laws; and
                (3) operation of the mineral materials and geothermal
            leasing laws.

        (e) Release of Wilderness Study Areas.--Congress finds that, for the
    purposes of section 603(c) of the Federal Land Policy and Management Act
    of 1976 (43 U.S.C. 1782(c)), the public lands within the Sabinoso
    Wilderness Study Area not designated as wilderness by this subtitle--
                (1) have been adequately studied for wilderness designation
            and are no longer subject to section 603(c) of the Federal Land
            Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
                (2) shall be managed in accordance with applicable law
            (including subsection (d)) and the land use management plan for
            the surrounding area.

            Subtitle H--Pictured Rocks National Lakeshore Wilderness

    SEC. 1651. DEFINITIONS.

        In this subtitle:
                (1) Line of demarcation.--The term ``line of demarcation''
            means the point on the bank or shore at which the surface waters
            of Lake Superior meet the land or sand beach, regardless of the
            level of Lake Superior.

    [[Page 123 STAT. 1043]]

                (2) Map.--The term ``map'' means the map entitled ``Pictured
            Rocks National Lakeshore Beaver Basin Wilderness Boundary'',
            numbered 625/80,051, and dated April 16, 2007.
                (3) National lakeshore.--The term ``National Lakeshore''
            means the Pictured Rocks National Lakeshore.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (5) Wilderness.--The term ``Wilderness'' means the Beaver
            Basin Wilderness designated by section 1652(a).
    SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS.

        (a) <<NOTE: 16 USC 1132 note.>>  In General.--In accordance with the
    Wilderness Act (16 U.S.C. 1131 et seq.), the land described in
    subsection (b) is designated as wilderness and as a component of the
    National Wilderness Preservation System, to be known as the ``Beaver
    Basin Wilderness''.

        (b) <<NOTE: 16 USC 1132 note.>>  Description of Land.--The land
    referred to in subsection (a) is the land and inland water comprising
    approximately 11,740 acres within the National Lakeshore, as generally
    depicted on the map.

        (c) <<NOTE: 16 USC 1132 note.>>  Boundary.--
                (1) Line of demarcation.--The line of demarcation shall be
            the boundary for any portion of the Wilderness that is bordered
            by Lake Superior.
                (2) Surface water.--The surface water of Lake Superior,
            regardless of the fluctuating lake level, shall be considered to
            be outside the boundary of the Wilderness.

        (d) Map and Legal Description.--
                (1) Availability of map.--The map shall be on file and
            available for public inspection in the appropriate offices of
            the National Park Service.
                (2) Legal description.--As soon as practicable after the
            date of enactment of this Act, the Secretary shall submit to the
            Committee on Energy and Natural Resources of the Senate and the
            Committee on Natural Resources of the House of Representatives a
            legal description of the boundary of the Wilderness.
                (3) Force and effect.--The map and the legal description
            submitted under paragraph (2) shall have the same force and
            effect as if included in this subtitle, except that the
            Secretary may correct any clerical or typographical errors in
            the map and legal description.
    SEC. 1653. ADMINISTRATION.

        (a) Management.--Subject to valid existing rights, the Wilderness
    shall be administered by the Secretary in accordance with the Wilderness
    Act (16 U.S.C. 1131 et seq.), except that--
                (1) any reference in that Act to the effective date of that
            Act shall be considered to be a reference to the date of
            enactment of this Act; and
                (2) with respect to land administered by the Secretary, any
            reference in that Act to the Secretary of Agriculture shall be
            considered to be a reference to the Secretary.

        (b) Use of Electric Motors.--The use of boats powered by electric
    motors on Little Beaver and Big Beaver Lakes may continue, subject to
    any applicable laws (including regulations).

    [[Page 123 STAT. 1044]]

    SEC. 1654. EFFECT.

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

                     Subtitle I--Oregon Badlands Wilderness

    SEC. 1701. DEFINITIONS.

        In this subtitle:
                (1) District.--The term ``District'' means the Central
            Oregon Irrigation District.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (3) State.--The term ``State'' means the State of Oregon.
                (4) Wilderness map.--The term ``wilderness map'' means the
            map entitled ``Badlands Wilderness'' and dated September 3,
            2008.
    SEC. 1702. OREGON BADLANDS WILDERNESS.

        (a) <<NOTE: 16 USC 1132 note.>>  Designation.--In accordance with
    the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 29,301
    acres of Bureau of Land Management land in the State, as generally
    depicted on the wilderness map, is designated as wilderness and as a
    component of the National Wilderness Preservation System, to be known as
    the ``Oregon Badlands Wilderness''.

        (b) Administration of Wilderness.--
                (1) In general.--Subject to valid existing rights, the
            Oregon Badlands Wilderness shall be administered by the
            Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
            et seq.), except that--
                        (A) any reference in the Wilderness Act to the
                    effective date of that Act shall be considered to be a
                    reference to the date of enactment of this Act; and
                        (B) any reference in the Wilderness Act to the
                    Secretary of Agriculture shall be considered to be a
                    reference to the Secretary of the Interior.
                (2) Incorporation of acquired land and interests.--Any land
            or interest in land within the boundary of the Oregon Badlands
            Wilderness that is acquired by the United States shall--
                        (A) become part of the Oregon Badlands Wilderness;
                    and
                        (B) be managed in accordance with this subtitle, the
                    Wilderness Act (16 U.S.C. 1131 et seq.), and any other
                    applicable law.
                (3) Grazing.--The grazing of livestock in the Oregon
            Badlands Wilderness, if established before the date of enactment
            of this Act, shall be permitted to continue subject to such

    [[Page 123 STAT. 1045]]

            reasonable regulations as are considered necessary by the
            Secretary in accordance with--
                        (A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
                    1133(d)(4)); and
                        (B) the guidelines set forth in Appendix A of the
                    report of the Committee on Interior and Insular Affairs
                    of the House of Representatives accompanying H.R. 2570
                    of the 101st Congress (H. Rept. 101-405).
                (4) Access to private property.--In accordance with section
            5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
            shall provide any owner of private property within the boundary
            of the Oregon Badlands Wilderness adequate access to the
            property.

        (c) <<NOTE: 16 USC 1132 note.>>  Potential Wilderness.--
                (1) In general.--In furtherance of the purposes of the
            Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain
            Federal land managed by the Bureau of Land Management with a
            width of 25 feet, as generally depicted on the wilderness map as
            ``Potential Wilderness'', is designated as potential wilderness.
                (2) Interim management.--The potential wilderness designated
            by paragraph (1) shall be managed in accordance with the
            Wilderness Act (16 U.S.C. 1131 et seq.), except that the
            Secretary may allow nonconforming uses that are authorized and
            in existence on the date of enactment of this Act to continue in
            the potential wilderness.
                (3) <<NOTE: Federal Register, publication. Notice.>>
            Designation as wilderness.--On the date on which the Secretary
            publishes in the Federal Register notice that any nonconforming
            uses in the potential wilderness designated by paragraph (1)
            that are permitted under paragraph (2) have terminated, the
            potential wilderness shall be--
                        (A) designated as wilderness and as a component of
                    the National Wilderness Preservation System; and
                        (B) incorporated into the Oregon Badlands
                    Wilderness.

        (d) Map and Legal Description.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall file a map and legal
            description of the Oregon Badlands Wilderness with--
                        (A) the Committee on Energy and Natural Resources of
                    the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.
                (2) Force of law.--The map and legal description filed under
            paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            typographical errors in the map and legal description.
                (3) Public availability.--The map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Bureau of
            Land Management.
    SEC. 1703. RELEASE.

        (a) Finding.--Congress finds that, for the purposes of section
    603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
    1782(c)), the portions of the Badlands wilderness study area that are
    not designated as the Oregon Badlands Wilderness

    [[Page 123 STAT. 1046]]

    or as potential wilderness have been adequately studied for wilderness
    or potential wilderness designation.
        (b) Release.--Any public land described in subsection (a) that is
    not designated as wilderness by this subtitle--
                (1) is no longer subject to section 603(c) of the Federal
            Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
                (2) shall be managed in accordance with the applicable land
            use plan adopted under section 202 of that Act (43 U.S.C. 1712).
    SEC. 1704. LAND EXCHANGES.

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

        (b) District Exchange.--
                (1) Conveyance of land.--Subject to subsections (c) through
            (e), if the District offers to convey to the United States all
            right, title, and interest of the District in and to the non-
            Federal land described in paragraph (2)(A), the Secretary
            shall--
                        (A) accept the offer; and
                        (B) on receipt of acceptable title to the non-
                    Federal land, convey to the District all right, title,
                    and interest of the United States in and to the Federal
                    land described in paragraph (2)(B).
                (2) Description of land.--
                        (A) Non-federal land.--The non-Federal land referred
                    to in paragraph (1) is the approximately 527 acres of
                    non-Federal land identified on the wilderness map as
                    ``COID to Federal Government''.
                        (B) Federal land.--The Federal land referred to in
                    paragraph (1)(B) is the approximately 697 acres of
                    Federal land identified on the wilderness map as
                    ``Federal Government to COID''.

    [[Page 123 STAT. 1047]]

                (3) Surveys.--The exact acreage and legal description of the
            Federal land and non-Federal land described in paragraph (2)
            shall be determined by surveys approved by the Secretary.

        (c) Applicable Law.--Except as otherwise provided in this section,
    the Secretary shall carry out the land exchanges under this section in
    accordance with section 206 of the Federal Land Policy and Management
    Act of 1976 (43 U.S.C. 1716).
        (d) Valuation, Appraisals, and Equalization.--
                (1) In general.--The value of the Federal land and the non-
            Federal land to be conveyed in a land exchange under this
            section--
                        (A) shall be equal, as determined by appraisals
                    conducted in accordance with paragraph (2); or
                        (B) if not equal, shall be equalized in accordance
                    with paragraph (3).
                (2) Appraisals.--
                        (A) In general.--The Federal land and the non-
                    Federal land to be exchanged under this section shall be
                    appraised by an independent, qualified appraiser that is
                    agreed to by the Secretary and the owner of the non-
                    Federal land to be exchanged.
                        (B) Requirements.--An appraisal under subparagraph
                    (A) shall be conducted in accordance with--
                              (i) the Uniform Appraisal Standards for
                          Federal Land Acquisitions; and
                              (ii) the Uniform Standards of Professional
                          Appraisal Practice.
                (3) Equalization.--
                        (A) In general.--If the value of the Federal land
                    and the non-Federal land to be conveyed in a land
                    exchange under this section is not equal, the value may
                    be equalized by--
                              (i) making a cash equalization payment to the
                          Secretary or to the owner of the non-Federal land,
                          as appropriate, in accordance with section 206(b)
                          of the Federal Land Policy and Management Act of
                          1976 (43 U.S.C. 1716(b)); or
                              (ii) reducing the acreage of the Federal land
                          or the non-Federal land to be exchanged, as
                          appropriate.
                        (B) Cash equalization payments.--Any cash
                    equalization payments received by the Secretary under
                    subparagraph (A)(i) shall be--
                              (i) deposited in the Federal Land Disposal
                          Account established by section 206(a) of the
                          Federal Land Transaction Facilitation Act (43
                          U.S.C. 2305(a)); and
                              (ii) used in accordance with that Act.

        (e) Conditions of Exchange.--
                (1) In general.--The land exchanges under this section shall
            be subject to such terms and conditions as the Secretary may
            require.
                (2) Costs.--As a condition of a conveyance of Federal land
            and non-Federal land under this section, the Federal Government
            and the owner of the non-Federal land shall equally share all
            costs relating to the land exchange, including the costs of
            appraisals, surveys, and any necessary environmental clearances.

    [[Page 123 STAT. 1048]]

                (3) Valid existing rights.--The exchange of Federal land and
            non-Federal land under this section shall be subject to any
            easements, rights-of-way, and other valid rights in existence on
            the date of enactment of this Act.

        (f) <<NOTE: Deadline.>>  Completion of Land Exchange.--It is the
    intent of Congress that the land exchanges under this section shall be
    completed not later than 2 years after the date of enactment of this
    Act.
    SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS.

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

                   Subtitle J--Spring Basin Wilderness, Oregon

    SEC. 1751. DEFINITIONS.

        In this subtitle:
                (1) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (2) State.--The term ``State'' means the State of Oregon.
                (3) Tribes.--The term ``Tribes'' means the Confederated
            Tribes of the Warm Springs Reservation of Oregon.
                (4) Wilderness map.--The term ``wilderness map'' means the
            map entitled ``Spring Basin Wilderness with Land Exchange
            Proposals'' and dated September 3, 2008.
    SEC. 1752. SPRING BASIN WILDERNESS.

        (a) <<NOTE: 16 USC 1132 note.>>  Designation.--In accordance with
    the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 6,382
    acres of Bureau of Land Management land in the State, as generally
    depicted on the wilderness map, is designated as wilderness and as a
    component of the National Wilderness Preservation System, to be known as
    the ``Spring Basin Wilderness''.

        (b) Administration of Wilderness.--
                (1) In general.--Subject to valid existing rights, the
            Spring Basin Wilderness shall be administered by the Secretary
            in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
            except that--
                        (A) any reference in the Wilderness Act to the
                    effective date of that Act shall be considered to be a
                    reference to the date of enactment of this Act; and
                        (B) any reference in the Wilderness Act to the
                    Secretary of Agriculture shall be considered to be a
                    reference to the Secretary of the Interior.
                (2) Incorporation of acquired land and interests.--Any land
            or interest in land within the boundary of the Spring Basin
            Wilderness that is acquired by the United States shall--
                        (A) become part of the Spring Basin Wilderness; and
                        (B) be managed in accordance with this Act, the
                    Wilderness Act (16 U.S.C. 1131 et seq.), and any other
                    applicable law.
                (3) Grazing.--The grazing of livestock in the Spring Basin
            Wilderness, if established before the date of enactment of this
            Act, shall be permitted to continue subject to such reasonable

    [[Page 123 STAT. 1049]]

            regulations as are considered necessary by the Secretary, in
            accordance with--
                        (A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
                    1133(d)(4)); and
                        (B) the guidelines set forth in Appendix A of the
                    report of the Committee on Interior and Insular Affairs
                    of the House of Representatives accompanying H.R. 2570
                    of the 101st Congress (H. Rept. 101-405).

        (c) Map and Legal Description.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall file a map and a
            legal description of the Spring Basin Wilderness with--
                        (A) the Committee on Energy and Natural Resources of
                    the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.
                (2) Force of law.--The map and legal description filed under
            paragraph (1) shall have the same force and effect as if
            included in this section, except that the Secretary may correct
            any typographical errors in the map and legal description.
                (3) Public availability.--The map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Bureau of
            Land Management.
    SEC. 1753. RELEASE.

        (a) Finding.--Congress finds that, for the purposes of section
    603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
    1782(c)), the portions of the Spring Basin wilderness study area that
    are not designated by section 1752(a) as the Spring Basin Wilderness in
    the following areas have been adequately studied for wilderness
    designation:
                (1) T. 8 S., R. 19 E., sec. 10, NE \1/4\, W \1/2\.
                (2) T. 8 S., R.19 E., sec. 25, SE \1/4\, SE \1/4\.
                (3) T. 8 S., R. 20 E., sec. 19, SE \1/4\, S \1/2\ of the S
            \1/2\.

        (b) Release.--Any public land described in subsection (a) that is
    not designated as wilderness by this subtitle--
                (1) is no longer subject to section 603(c) of the Federal
            Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
                (2) shall be managed in accordance with the applicable land
            use plan adopted under section 202 of that Act (43 U.S.C. 1712).
    SEC. 1754. LAND EXCHANGES.

        (a) Confederated Tribes of the Warm Springs Reservation Land
    Exchange.--
                (1) Conveyance of land.--Subject to subsections (e) through
            (g), if the Tribes offer to convey to the United States all
            right, title, and interest of the Tribes in and to the non-
            Federal land described in paragraph (2)(A), the Secretary
            shall--
                        (A) accept the offer; and
                        (B) on receipt of acceptable title to the non-
                    Federal land, convey to the Tribes all right, title, and
                    interest of the United States in and to the Federal land
                    described in paragraph (2)(B).
                (2) Description of land.--

    [[Page 123 STAT. 1050]]

                        (A) Non-federal land.--The non-Federal land referred
                    to in paragraph (1) is the approximately 4,480 acres of
                    non-Federal land identified on the wilderness map as
                    ``Lands proposed for transfer from the CTWSIR to the
                    Federal Government''.
                        (B) Federal land.--The Federal land referred to in
                    paragraph (1)(B) is the approximately 4,578 acres of
                    Federal land identified on the wilderness map as ``Lands
                    proposed for transfer from the Federal Government to
                    CTWSIR''.
                (3) Surveys.--The exact acreage and legal description of the
            Federal land and non-Federal land described in paragraph (2)
            shall be determined by surveys approved by the Secretary.
                (4) Withdrawal.--Subject to valid existing rights, the land
            acquired by the Secretary under this subsection is withdrawn
            from all forms of--
                        (A) entry, appropriation, or disposal under the
                    public land laws;
                        (B) location, entry, and patent under the mining
                    laws; and
                        (C) disposition under any law relating to mineral
                    and geothermal leasing or mineral materials.

        (b) McGreer Land Exchange.--
                (1) Conveyance of land.--Subject to subsections (e) through
            (g), if the landowner offers to convey to the United States all
            right, title, and interest of the landowner in and to the non-
            Federal land described in paragraph (2)(A), the Secretary
            shall--
                        (A) accept the offer; and
                        (B) on receipt of acceptable title to the non-
                    Federal land, convey to the landowner all right, title,
                    and interest of the United States in and to the Federal
                    land described in paragraph (2)(B).
                (2) Description of land.--
                        (A) Non-federal land.--The non-Federal land referred
                    to in paragraph (1) is the approximately 18 acres of
                    non-Federal land identified on the wilderness map as
                    ``Lands proposed for transfer from McGreer to the
                    Federal Government''.
                        (B) Federal land.--The Federal land referred to in
                    paragraph (1)(B) is the approximately 327 acres of
                    Federal land identified on the wilderness map as ``Lands
                    proposed for transfer from the Federal Government to
                    McGreer''.
                (3) Surveys.--The exact acreage and legal description of the
            Federal land and non-Federal land described in paragraph (2)
            shall be determined by surveys approved by the Secretary.

        (c) Keys Land Exchange.--
                (1) Conveyance of land.--Subject to subsections (e) through
            (g), if the landowner offers to convey to the United States all
            right, title, and interest of the landowner in and to the non-
            Federal land described in paragraph (2)(A), the Secretary
            shall--
                        (A) accept the offer; and
                        (B) on receipt of acceptable title to the non-
                    Federal land, convey to the landowner all right, title,
                    and interest of the United States in and to the Federal
                    land described in paragraph (2)(B).

    [[Page 123 STAT. 1051]]

                (2) Description of land.--
                        (A) Non-federal land.--The non-Federal land referred
                    to in paragraph (1) is the approximately 180 acres of
                    non-Federal land identified on the wilderness map as
                    ``Lands proposed for transfer from Keys to the Federal
                    Government''.
                        (B) Federal land.--The Federal land referred to in
                    paragraph (1)(B) is the approximately 187 acres of
                    Federal land identified on the wilderness map as ``Lands
                    proposed for transfer from the Federal Government to
                    Keys''.
                (3) Surveys.--The exact acreage and legal description of the
            Federal land and non-Federal land described in paragraph (2)
            shall be determined by surveys approved by the Secretary.

        (d) Bowerman Land Exchange.--
                (1) Conveyance of land.--Subject to subsections (e) through
            (g), if the landowner offers to convey to the United States all
            right, title, and interest of the landowner in and to the non-
            Federal land described in paragraph (2)(A), the Secretary
            shall--
                        (A) accept the offer; and
                        (B) on receipt of acceptable title to the non-
                    Federal land, convey to the landowner all right, title,
                    and interest of the United States in and to the Federal
                    land described in paragraph (2)(B).
                (2) Description of land.--
                        (A) Non-federal land.--The non-Federal land referred
                    to in paragraph (1) is the approximately 32 acres of
                    non-Federal land identified on the wilderness map as
                    ``Lands proposed for transfer from Bowerman to the
                    Federal Government''.
                        (B) Federal land.--The Federal land referred to in
                    paragraph (1)(B) is the approximately 24 acres of
                    Federal land identified on the wilderness map as ``Lands
                    proposed for transfer from the Federal Government to
                    Bowerman''.
                (3) Surveys.--The exact acreage and legal description of the
            Federal land and non-Federal land described in paragraph (2)
            shall be determined by surveys approved by the Secretary.

        (e) Applicable Law.--Except as otherwise provided in this section,
    the Secretary shall carry out the land exchanges under this section in
    accordance with section 206 of the Federal Land Policy and Management
    Act of 1976 (43 U.S.C. 1716).
        (f) Valuation, Appraisals, and Equalization.--
                (1) In general.--The value of the Federal land and the non-
            Federal land to be conveyed in a land exchange under this
            section--
                        (A) shall be equal, as determined by appraisals
                    conducted in accordance with paragraph (2); or
                        (B) if not equal, shall be equalized in accordance
                    with paragraph (3).
                (2) Appraisals.--
                        (A) In general.--The Federal land and the non-
                    Federal land to be exchanged under this section shall be
                    appraised by an independent, qualified appraiser that is
                    agreed to by the Secretary and the owner of the non-
                    Federal land to be exchanged.
                        (B) Requirements.--An appraisal under subparagraph
                    (A) shall be conducted in accordance with--

    [[Page 123 STAT. 1052]]

                              (i) the Uniform Appraisal Standards for
                          Federal Land Acquisitions; and
                              (ii) the Uniform Standards of Professional
                          Appraisal Practice.
                (3) Equalization.--
                        (A) In general.--If the value of the Federal land
                    and the non-Federal land to be conveyed in a land
                    exchange under this section is not equal, the value may
                    be equalized by--
                              (i) making a cash equalization payment to the
                          Secretary or to the owner of the non-Federal land,
                          as appropriate, in accordance with section 206(b)
                          of the Federal Land Policy and Management Act of
                          1976 (43 U.S.C. 1716(b)); or
                              (ii) reducing the acreage of the Federal land
                          or the non-Federal land to be exchanged, as
                          appropriate.
                        (B) Cash equalization payments.--Any cash
                    equalization payments received by the Secretary under
                    subparagraph (A)(i) shall be--
                              (i) deposited in the Federal Land Disposal
                          Account established by section 206(a) of the
                          Federal Land Transaction Facilitation Act (43
                          U.S.C. 2305(a)); and
                              (ii) used in accordance with that Act.

        (g) Conditions of Exchange.--
                (1) In general.--The land exchanges under this section shall
            be subject to such terms and conditions as the Secretary may
            require.
                (2) Costs.--As a condition of a conveyance of Federal land
            and non-Federal land under this section, the Federal Government
            and the owner of the non-Federal land shall equally share all
            costs relating to the land exchange, including the costs of
            appraisals, surveys, and any necessary environmental clearances.
                (3) Valid existing rights.--The exchange of Federal land and
            non-Federal land under this section shall be subject to any
            easements, rights-of-way, and other valid rights in existence on
            the date of enactment of this Act.

        (h) <<NOTE: Deadline.>>  Completion of Land Exchange.--It is the
    intent of Congress that the land exchanges under this section shall be
    completed not later than 2 years after the date of enactment of this
    Act.
    SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS.

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

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

    SEC. 1801. <<NOTE: 16 USC 460vvv note.>>  DEFINITIONS.

        In this subtitle:
                (1) Forest.--The term ``Forest'' means the Ancient
            Bristlecone Pine Forest designated by section 1808(a).

    [[Page 123 STAT. 1053]]

                (2) Recreation area.--The term ``Recreation Area'' means the
            Bridgeport Winter Recreation Area designated by section 1806(a).
                (3) Secretary.--The term ``Secretary'' means--
                        (A) with respect to land under the jurisdiction of
                    the Secretary of Agriculture, the Secretary of
                    Agriculture; and
                        (B) with respect to land under the jurisdiction of
                    the Secretary of the Interior, the Secretary of the
                    Interior.
                (4) State.--The term ``State'' means the State of
            California.
                (5) Trail.--The term ``Trail'' means the Pacific Crest
            National Scenic Trail.
    SEC. 1802. <<NOTE: 16 USC 1132 note.>>  DESIGNATION OF WILDERNESS
                              AREAS.

        In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
    following areas in the State are designated as wilderness and as
    components of the National Wilderness Preservation System:
                (1) Hoover wilderness additions.--
                        (A) In general.--Certain land in the Humboldt-
                    Toiyabe and Inyo National Forests, comprising
                    approximately 79,820 acres and identified as ``Hoover
                    East Wilderness Addition,'' ``Hoover West Wilderness
                    Addition'', and ``Bighorn Proposed Wilderness
                    Addition'', as generally depicted on the maps described
                    in subparagraph (B), is incorporated in, and shall be
                    considered to be a part of, the Hoover Wilderness.
                        (B) Description of maps.--The maps referred to in
                    subparagraph (A) are--
                              (i) the map entitled ``Humboldt-Toiyabe
                          National Forest Proposed Management'' and dated
                          September 17, 2008; and
                              (ii) the map entitled ``Bighorn Proposed
                          Wilderness Additions'' and dated September 23,
                          2008.
                        (C) Effect.--The designation of the wilderness under
                    subparagraph (A) shall not affect the ongoing activities
                    of the adjacent United States Marine Corps Mountain
                    Warfare Training Center on land outside the designated
                    wilderness, in accordance with the agreement between the
                    Center and the Humboldt-Toiyabe National Forest.
                (2) Owens river headwaters wilderness.--Certain land in the
            Inyo National Forest, comprising approximately 14,721 acres, as
            generally depicted on the map entitled ``Owens River Headwaters
            Proposed Wilderness'' and dated September 16, 2008, which shall
            be known as the ``Owens River Headwaters Wilderness''.
                (3) John muir wilderness additions.--
                        (A) In general.--Certain land in the Inyo National
                    Forest and certain land administered by the Bureau of
                    Land Management in Inyo County, California, comprising
                    approximately 70,411 acres, as generally depicted on the
                    maps described in subparagraph (B), is incorporated in,
                    and shall be considered to be a part of, the John Muir
                    Wilderness.
                        (B) Description of maps.--The maps referred to in
                    subparagraph (A) are--
                              (i) the map entitled ``John Muir Proposed
                          Wilderness Addition (1 of 5)'' and dated September
                          23, 2008;

    [[Page 123 STAT. 1054]]

                              (ii) the map entitled ``John Muir Proposed
                          Wilderness Addition (2 of 5)'' and dated September
                          23, 2008;
                              (iii) the map entitled ``John Muir Proposed
                          Wilderness Addition (3 of 5)'' and dated October
                          31, 2008;
                              (iv) the map entitled ``John Muir Proposed
                          Wilderness Addition (4 of 5)'' and dated September
                          16, 2008; and
                              (v) the map entitled ``John Muir Proposed
                          Wilderness Addition (5 of 5)'' and dated September
                          16, 2008.
                        (C) Boundary revision.--The boundary of the John
                    Muir Wilderness is revised as depicted on the map
                    entitled ``John Muir Wilderness--Revised'' and dated
                    September 16, 2008.
                (4) Ansel adams wilderness addition.--Certain land in the
            Inyo National Forest, comprising approximately 528 acres, as
            generally depicted on the map entitled ``Ansel Adams Proposed
            Wilderness Addition'' and dated September 16, 2008, is
            incorporated in, and shall be considered to be a part of, the
            Ansel Adams Wilderness.
                (5) White mountains wilderness.--
                        (A) In general.--Certain land in the Inyo National
                    Forest and certain land administered by the Bureau of
                    Land Management in Mono County, California, comprising
                    approximately 229,993 acres, as generally depicted on
                    the maps described in subparagraph (B), which shall be
                    known as the ``White Mountains Wilderness''.
                        (B) Description of maps.--The maps referred to in
                    subparagraph (A) are--
                              (i) the map entitled ``White Mountains
                          Proposed Wilderness-Map 1 of 2 (North)'' and dated
                          September 16, 2008; and
                              (ii) the map entitled ``White Mountains
                          Proposed Wilderness-Map 2 of 2 (South)'' and dated
                          September 16, 2008.
                (6) Granite mountain wilderness.--Certain land in the Inyo
            National Forest and certain land administered by the Bureau of
            Land Management in Mono County, California, comprising
            approximately 34,342 acres, as generally depicted on the map
            entitled ``Granite Mountain Wilderness'' and dated September 19,
            2008, which shall be known as the ``Granite Mountain
            Wilderness''.
                (7) Magic mountain wilderness.--Certain land in the Angeles
            National Forest, comprising approximately 12,282 acres, as
            generally depicted on the map entitled ``Magic Mountain Proposed
            Wilderness'' and dated December 16, 2008, which shall be known
            as the ``Magic Mountain Wilderness''.
                (8) Pleasant view ridge wilderness.--Certain land in the
            Angeles National Forest, comprising approximately 26,757 acres,
            as generally depicted on the map entitled ``Pleasant View Ridge
            Proposed Wilderness'' and dated December 16, 2008, which shall
            be known as the ``Pleasant View Ridge Wilderness''.
    SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS.

        (a) Management.--Subject to valid existing rights, the Secretary
    shall administer the wilderness areas and wilderness additions
    designated by this subtitle in accordance with the Wilderness Act (16
    U.S.C. 1131 et seq.), except that--

    [[Page 123 STAT. 1055]]

                (1) any reference in that Act to the effective date shall be
            considered to be a reference to the date of enactment of this
            Act; and
                (2) any reference in that Act to the Secretary of
            Agriculture shall be considered to be a reference to the
            Secretary that has jurisdiction over the land.

        (b) Map and Legal Description.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall file a map and legal
            description of each wilderness area and wilderness addition
            designated by this subtitle with--
                        (A) the Committee on Natural Resources of the House
                    of Representatives; and
                        (B) the Committee on Energy and Natural Resources of
                    the Senate.
                (2) Force of law.--Each map and legal description filed
            under paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            any errors in the map and legal description.
                (3) Public availability.--Each map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Secretary.

        (c) Incorporation of Acquired Land and Interests.--Any land (or
    interest in land) within the boundary of a wilderness area or wilderness
    addition designated by this subtitle that is acquired by the Federal
    Government shall--
                (1) become part of the wilderness area in which the land is
            located; and
                (2) be managed in accordance with this subtitle, the
            Wilderness Act (16 U.S.C. 1131 et seq.), and any other
            applicable law.

        (d) Withdrawal.--Subject to valid rights in existence on the date of
    enactment of this Act, any Federal land designated as a wilderness area
    or wilderness addition by this subtitle is withdrawn from--
                (1) all forms of entry, appropriation, or disposal under the
            public land laws;
                (2) location, entry, and patent under the mining laws; and
                (3) disposition under laws relating to mineral and
            geothermal leasing or mineral materials.

        (e) Fire Management and Related Activities.--
                (1) In general.--The Secretary may take such measures in a
            wilderness area or wilderness addition designated by this
            subtitle as are necessary for the control of fire, insects, and
            diseases in accordance with section 4(d)(1) of the Wilderness
            Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
            Congress.
                (2) Funding priorities.--Nothing in this subtitle limits
            funding for fire and fuels management in the wilderness areas
            and wilderness additions designated by this subtitle.
                (3) Revision and development of local fire management
            plans.--As soon as practicable after the date of enactment of
            this Act, the Secretary shall amend the local fire management
            plans that apply to the land designated as a wilderness area or
            wilderness addition by this subtitle.

    [[Page 123 STAT. 1056]]

                (4) Administration.--Consistent with paragraph (1) and other
            applicable Federal law, to ensure a timely and efficient
            response to fire emergencies in the wilderness areas and
            wilderness additions designated by this subtitle, the Secretary
            shall--
                        (A) <<NOTE: Deadline. Procedures.>>  not later than
                    1 year after the date of enactment of this Act,
                    establish agency approval procedures (including
                    appropriate delegations of authority to the Forest
                    Supervisor, District Manager, or other agency officials)
                    for responding to fire emergencies; and
                        (B) <<NOTE: Contracts.>>  enter into agreements with
                    appropriate State or local firefighting agencies.

        (f) Access to Private Property.--The Secretary shall provide any
    owner of private property within the boundary of a wilderness area or
    wilderness addition designated by this subtitle adequate access to the
    property to ensure the reasonable use and enjoyment of the property by
    the owner.
        (g) Military Activities.--Nothing in this subtitle precludes--
                (1) low-level overflights of military aircraft over the
            wilderness areas or wilderness additions designated by this
            subtitle;
                (2) the designation of new units of special airspace over
            the wilderness areas or wilderness additions designated by this
            subtitle; or
                (3) the use or establishment of military flight training
            routes over wilderness areas or wilderness additions designated
            by this subtitle.

        (h) Livestock.--Grazing of livestock and the maintenance of existing
    facilities relating to grazing in wilderness areas or wilderness
    additions designated by this subtitle, if established before the date of
    enactment of this Act, shall be permitted to continue in accordance
    with--
                (1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
            1133(d)(4)); and
                (2) the guidelines set forth in Appendix A of the report of
            the Committee on Interior and Insular Affairs of the House of
            Representatives accompanying H.R. 2570 of the 101st Congress (H.
            Rept. 101-405).

        (i) Fish and Wildlife Management.--
                (1) In general.--In furtherance of the purposes of the
            Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry
            out management activities to maintain or restore fish and
            wildlife populations and fish and wildlife habitats in
            wilderness areas or wilderness additions designated by this
            subtitle if the activities are--
                        (A) consistent with applicable wilderness management
                    plans; and
                        (B) carried out in accordance with applicable
                    guidelines and policies.
                (2) State jurisdiction.--Nothing in this subtitle affects
            the jurisdiction of the State with respect to fish and wildlife
            on public land located in the State.

        (j) Horses.--Nothing in this subtitle precludes horseback riding in,
    or the entry of recreational or commercial saddle or pack stock into, an
    area designated as wilderness or as a wilderness addition by this
    subtitle--
                (1) in accordance with section 4(d)(5) of the Wilderness Act
            (16 U.S.C. 1133(d)(5)); and

    [[Page 123 STAT. 1057]]

                (2) subject to any terms and conditions determined to be
            necessary by the Secretary.

        (k) Outfitter and Guide Use.--Outfitter and guide activities
    conducted under permits issued by the Forest Service on the additions to
    the John Muir, Ansel Adams, and Hoover wilderness areas designated by
    this subtitle shall be in addition to any existing limits established
    for the John Muir, Ansel Adams, and Hoover wilderness areas.
        (l) Transfer to the Forest Service.--
                (1) White mountains wilderness.--Administrative jurisdiction
            over the approximately 946 acres of land identified as
            ``Transfer of Administrative Jurisdiction from BLM to FS'' on
            the maps described in section 1802(5)(B) is transferred from the
            Bureau of Land Management to the Forest Service to be managed as
            part of the White Mountains Wilderness.
                (2) John muir wilderness.--Administrative jurisdiction over
            the approximately 143 acres of land identified as ``Transfer of
            Administrative Jurisdiction from BLM to FS'' on the maps
            described in section 1802(3)(B) is transferred from the Bureau
            of Land Management to the Forest Service to be managed as part
            of the John Muir Wilderness.

        (m) Transfer to the Bureau of Land Management.--Administrative
    jurisdiction over the approximately 3,010 acres of land identified as
    ``Land from FS to BLM'' on the maps described in section 1802(6) is
    transferred from the Forest Service to the Bureau of Land Management to
    be managed as part of the Granite Mountain Wilderness.
    SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS.

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

        (c) Release.--Any portion of a wilderness study area described in
    subsection (b) that is not designated as a wilderness area or wilderness
    addition by this subtitle or any other Act enacted before the date of
    enactment of this Act shall not be subject to section 603(c) of the
    Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
    SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS.

        (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
    U.S.C. 1274(a)) (as amended by section 1504(a)) is amended by adding at
    the end the following:
                ``(196) Amargosa river, california.--The following segments
            of the Amargosa River in the State of California, to be
            administered by the Secretary of the Interior:
                        ``(A) The approximately 4.1-mile segment of the
                    Amargosa River from the northern boundary of sec. 7,

    [[Page 123 STAT. 1058]]

                    T. 21 N., R. 7 E., to 100 feet upstream of the Tecopa
                    Hot Springs road crossing, as a scenic river.
                        ``(B) The approximately 8-mile segment of the
                    Amargosa River from 100 feet downstream of the Tecopa
                    Hot Springs Road crossing to 100 feet upstream of the
                    Old Spanish Trail Highway crossing near Tecopa, as a
                    scenic river.
                        ``(C) The approximately 7.9-mile segment of the
                    Amargosa River from the northern boundary of sec. 16, T.
                    20 N., R. 7 E., to .25 miles upstream of the confluence
                    with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a
                    wild river.
                        ``(D) The approximately 4.9-mile segment of the
                    Amargosa River from .25 miles upstream of the confluence
                    with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100
                    feet upstream of the Dumont Dunes access road crossing
                    in sec. 32, T. 19 N., R. 7 E., as a recreational river.
                        ``(E) The approximately 1.4-mile segment of the
                    Amargosa River from 100 feet downstream of the Dumont
                    Dunes access road crossing in sec. 32, T. 19 N., R. 7
                    E., as a recreational river.
                ``(197) Owens river headwaters, california.--The following
            segments of the Owens River in the State of California, to be
            administered by the Secretary of Agriculture:
                        ``(A) The 2.3-mile segment of Deadman Creek from the
                    2-forked source east of San Joaquin Peak to the
                    confluence with the unnamed tributary flowing north into
                    Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a wild
                    river.
                        ``(B) The 2.3-mile segment of Deadman Creek from the
                    unnamed tributary confluence in sec. 12, T. 3 S., R. 26
                    E., to the Road 3S22 crossing, as a scenic river.
                        ``(C) The 4.1-mile segment of Deadman Creek from the
                    Road 3S22 crossing to .25 miles downstream of the
                    Highway 395 crossing, as a recreational river.
                        ``(D) The 3-mile segment of Deadman Creek from .25
                    miles downstream of the Highway 395 crossing to 100 feet
                    upstream of Big Springs, as a scenic river.
                        ``(E) The 1-mile segment of the Upper Owens River
                    from 100 feet upstream of Big Springs to the private
                    property boundary in sec. 19, T. 2 S., R. 28 E., as a
                    recreational river.
                        ``(F) The 4-mile segment of Glass Creek from its 2-
                    forked source to 100 feet upstream of the Glass Creek
                    Meadow Trailhead parking area in sec. 29, T. 2 S., R.27
                    E., as a wild river.
                        ``(G) The 1.3-mile segment of Glass Creek from 100
                    feet upstream of the trailhead parking area in sec. 29
                    to the end of Glass Creek Road in sec. 21, T. 2 S., R.
                    27 E., as a scenic river.
                        ``(H) The 1.1-mile segment of Glass Creek from the
                    end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E.,
                    to the confluence with Deadman Creek, as a recreational
                    river.
                ``(198) Cottonwood creek, california.--The following
            segments of Cottonwood Creek in the State of California:

    [[Page 123 STAT. 1059]]

                        ``(A) The 17.4-mile segment from its headwaters at
                    the spring in sec. 27, T 4 S., R. 34 E., to the Inyo
                    National Forest boundary at the east section line of sec
                    3, T. 6 S., R. 36 E., as a wild river to be administered
                    by the Secretary of Agriculture.
                        ``(B) The 4.1-mile segment from the Inyo National
                    Forest boundary to the northern boundary of sec. 5, T.4
                    S., R. 34 E., as a recreational river, to be
                    administered by the Secretary of the Interior.
                ``(199) Piru creek, california.--The following segments of
            Piru Creek in the State of California, to be administered by the
            Secretary of Agriculture:
                        ``(A) The 3-mile segment of Piru Creek from 0.5
                    miles downstream of Pyramid Dam at the first bridge
                    crossing to the boundary of the Sespe Wilderness, as a
                    recreational river.
                        ``(B) The 4.25-mile segment from the boundary of the
                    Sespe Wilderness to the boundary between Los Angeles and
                    Ventura Counties, as a wild river.''.

        (b) <<NOTE: 16 USC 1274 note.>>  Effect.--The designation of Piru
    Creek under subsection (a) shall not affect valid rights in existence on
    the date of enactment of this Act.
    SEC. 1806. <<NOTE: 16 USC 460vvv.>>  BRIDGEPORT WINTER RECREATION
                              AREA.

        (a) Designation.--The approximately 7,254 acres of land in the
    Humboldt-Toiyabe National Forest identified as the ``Bridgeport Winter
    Recreation Area'', as generally depicted on the map entitled ``Humboldt-
    Toiyabe National Forest Proposed Management'' and dated September 17,
    2008, is designated as the Bridgeport Winter Recreation Area.
        (b) Map and Legal Description.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall file a map and legal
            description of the Recreation Area with--
                        (A) the Committee on Natural Resources of the House
                    of Representatives; and
                        (B) the Committee on Energy and Natural Resources of
                    the Senate.
                (2) Force of law.--The map and legal description filed under
            paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            any errors in the map and legal description.
                (3) Public availability.--The map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Forest
            Service.

        (c) Management.--
                (1) Interim management.--Until completion of the management
            plan required under subsection (d), and except as provided in
            paragraph (2), the Recreation Area shall be managed in
            accordance with the Toiyabe National Forest Land and Resource
            Management Plan of 1986 (as in effect on the day of enactment of
            this Act).
                (2) Use of snowmobiles.--The winter use of snowmobiles shall
            be allowed in the Recreation Area--
                        (A) during periods of adequate snow coverage during
                    the winter season; and

    [[Page 123 STAT. 1060]]

                        (B) subject to any terms and conditions determined
                    to be necessary by the Secretary.

        (d) <<NOTE: Deadline.>>  Management Plan.--To ensure the sound
    management and enforcement of the Recreation Area, the Secretary shall,
    not later than 1 year after the date of enactment of this Act, undergo a
    public process to develop a winter use management plan that provides
    for--
                (1) adequate signage;
                (2) a public education program on allowable usage areas;
                (3) measures to ensure adequate sanitation;
                (4) a monitoring and enforcement strategy; and
                (5) measures to ensure the protection of the Trail.

        (e) Enforcement.--The Secretary shall prioritize enforcement
    activities in the Recreation Area--
                (1) to prohibit degradation of natural resources in the
            Recreation Area;
                (2) to prevent interference with nonmotorized recreation on
            the Trail; and
                (3) to reduce user conflicts in the Recreation Area.

        (f) Pacific Crest National Scenic Trail.--The Secretary shall
    establish an appropriate snowmobile crossing point along the Trail in
    the area identified as ``Pacific Crest Trail Proposed Crossing Area'' on
    the map entitled ``Humboldt-Toiyable National Forest Proposed
    Management'' and dated September 17, 2008--
                (1) in accordance with--
                        (A) the National Trails System Act (16 U.S.C. 1241
                    et seq.); and
                        (B) any applicable environmental and public safety
                    laws; and
                (2) subject to the terms and conditions the Secretary
            determines to be necessary to ensure that the crossing would
            not--
                        (A) interfere with the nature and purposes of the
                    Trail; or
                        (B) harm the surrounding landscape.
    SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE NATIONAL
                              FOREST.

        Certain land in the Humboldt-Toiyabe National Forest, comprising
    approximately 3,690 acres identified as ``Pickel Hill Management Area'',
    as generally depicted on the map entitled ``Humboldt-Toiyabe National
    Forest Proposed Management'' and dated September 17, 2008, shall be
    managed in a manner consistent with the non-Wilderness forest areas
    immediately surrounding the Pickel Hill Management Area, including the
    allowance of snowmobile use.
    SEC. 1808. <<NOTE: 16 USC 539o.>>  ANCIENT BRISTLECONE PINE
                              FOREST.

        (a) Designation.--To conserve and protect the Ancient Bristlecone
    Pines by maintaining near-natural conditions and to ensure the survival
    of the Pines for the purposes of public enjoyment and scientific study,
    the approximately 31,700 acres of public land in the State, as generally
    depicted on the map entitled ``Ancient Bristlecone Pine Forest--
    Proposed'' and dated July 16, 2008, is designated as the ``Ancient
    Bristlecone Pine Forest''.
        (b) Map and Legal Description.--
                (1) <<NOTE: Deadline.>>  In general.--As soon as
            practicable, but not later than 3 years after the date of
            enactment of this Act, the Secretary shall file a map and legal
            description of the Forest with--

    [[Page 123 STAT. 1061]]

                        (A) the Committee on Natural Resources of the House
                    of Representatives; and
                        (B) the Committee on Energy and Natural Resources of
                    the Senate.
                (2) Force of law.--The map and legal description filed under
            paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            any errors in the map and legal description.
                (3) Public availability.--The map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Forest
            Service.

        (c) Management.--
                (1) In general.--The Secretary shall administer the Forest--
                        (A) in a manner that--
                              (i) protect the resources and values of the
                          area in accordance with the purposes for which the
                          Forest is established, as described in subsection
                          (a); and
                              (ii) promotes the objectives of the applicable
                          management plan (as in effect on the date of
                          enactment of this Act), including objectives
                          relating to--
                                        (I) the protection of bristlecone
                                    pines for public enjoyment and
                                    scientific study;
                                        (II) the recognition of the
                                    botanical, scenic, and historical values
                                    of the area; and
                                        (III) the maintenance of near-
                                    natural conditions by ensuring that all
                                    activities are subordinate to the needs
                                    of protecting and preserving bristlecone
                                    pines and wood remnants; and
                        (B) in accordance with the National Forest
                    Management Act of 1976 (16 U.S.C. 1600 et seq.), this
                    section, and any other applicable laws.
                (2) Uses.--
                        (A) In general.--The Secretary shall allow only such
                    uses of the Forest as the Secretary determines would
                    further the purposes for which the Forest is
                    established, as described in subsection (a).
                        (B) Scientific research.--Scientific research shall
                    be allowed in the Forest in accordance with the Inyo
                    National Forest Land and Resource Management Plan (as in
                    effect on the date of enactment of this Act).
                (3) Withdrawal.--Subject to valid existing rights, all
            Federal land within the Forest is withdrawn from--
                        (A) all forms of entry, appropriation or disposal
                    under the public land laws;
                        (B) location, entry, and patent under the mining
                    laws; and
                        (C) disposition under all laws relating to mineral
                    and geothermal leasing or mineral materials.

               Subtitle L--Riverside County Wilderness, California

    SEC. 1851. WILDERNESS DESIGNATION.

        (a) Definition of Secretary.--In this section, the term
    ``Secretary'' means--

    [[Page 123 STAT. 1062]]

                (1) with respect to land under the jurisdiction of the
            Secretary of Agriculture, the Secretary of Agriculture; and
                (2) with respect to land under the jurisdiction of the
            Secretary of the Interior, the Secretary of the Interior.

        (b) Designation of Wilderness, Cleveland and San Bernardino National
    Forests, Joshua Tree National Park, and Bureau of Land Management Land
    in Riverside County, California.--
                (1) <<NOTE: 16 USC 1132 note.>>  Designations.--
                        (A) Agua tibia wilderness additions.--In accordance
                    with the Wilderness Act (16 U.S.C. 1131 et seq.),
                    certain land in the Cleveland National Forest and
                    certain land administered by the Bureau of Land
                    Management in Riverside County, California, together
                    comprising approximately 2,053 acres, as generally
                    depicted on the map titled ``Proposed Addition to Agua
                    Tibia Wilderness'', and dated May 9, 2008, is designated
                    as wilderness and is incorporated in, and shall be
                    deemed to be a part of, the Agua Tibia Wilderness
                    designated by section 2(a) of Public Law 93-632 (88
                    Stat. 2154; 16 U.S.C. 1132 note).
                        (B) Cahuilla mountain wilderness.--In accordance
                    with the Wilderness Act (16 U.S.C. 1131 et seq.),
                    certain land in the San Bernardino National Forest,
                    California, comprising approximately 5,585 acres, as
                    generally depicted on the map titled ``Cahuilla Mountain
                    Proposed Wilderness'', and dated May 1, 2008, is
                    designated as wilderness and, therefore, as a component
                    of the National Wilderness Preservation System, which
                    shall be known as the ``Cahuilla Mountain Wilderness''.
                        (C) South fork san jacinto wilderness.--In
                    accordance with the Wilderness Act (16 U.S.C. 1131 et
                    seq.), certain land in the San Bernardino National
                    Forest, California, comprising approximately 20,217
                    acres, as generally depicted on the map titled ``South
                    Fork San Jacinto Proposed Wilderness'', and dated May 1,
                    2008, is designated as wilderness and, therefore, as a
                    component of the National Wilderness Preservation
                    System, which shall be known as the ``South Fork San
                    Jacinto Wilderness''.
                        (D) Santa rosa wilderness additions.--In accordance
                    with the Wilderness Act (16 U.S.C. 1131 et seq.),
                    certain land in the San Bernardino National Forest,
                    California, and certain land administered by the Bureau
                    of Land Management in Riverside County, California,
                    comprising approximately 2,149 acres, as generally
                    depicted on the map titled ``Santa Rosa-San Jacinto
                    National Monument Expansion and Santa Rosa Wilderness
                    Addition'', and dated March 12, 2008, is designated as
                    wilderness and is incorporated in, and shall be deemed
                    to be a part of, the Santa Rosa Wilderness designated by
                    section 101(a)(28) of Public Law 98-425 (98 Stat. 1623;
                    16 U.S.C. 1132 note) and expanded by paragraph (59) of
                    section 102 of Public Law 103-433 (108 Stat. 4472; 16
                    U.S.C. 1132 note).
                        (E) Beauty mountain wilderness.--In accordance with
                    the Wilderness Act (16 U.S.C. 1131 et seq.), certain
                    land administered by the Bureau of Land Management in
                    Riverside County, California, comprising approximately

    [[Page 123 STAT. 1063]]

                    15,621 acres, as generally depicted on the map titled
                    ``Beauty Mountain Proposed Wilderness'', and dated April
                    3, 2007, is designated as wilderness and, therefore, as
                    a component of the National Wilderness Preservation
                    System, which shall be known as the ``Beauty Mountain
                    Wilderness''.
                        (F) Joshua tree national park wilderness
                    additions.--In accordance with the Wilderness Act (16
                    U.S.C. 1131 et seq.), certain land in Joshua Tree
                    National Park, comprising approximately 36,700 acres, as
                    generally depicted on the map numbered 156/80,055, and
                    titled ``Joshua Tree National Park Proposed Wilderness
                    Additions'', and dated March 2008, is designated as
                    wilderness and is incorporated in, and shall be deemed
                    to be a part of, the Joshua Tree Wilderness designated
                    by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16
                    U.S.C. 1132 note).
                        (G) Orocopia mountains wilderness additions.--In
                    accordance with the Wilderness Act (16 U.S.C. 1131 et
                    seq.), certain land administered by the Bureau of Land
                    Management in Riverside County, California, comprising
                    approximately 4,635 acres, as generally depicted on the
                    map titled ``Orocopia Mountains Proposed Wilderness
                    Addition'', and dated May 8, 2008, is designated as
                    wilderness and is incorporated in, and shall be deemed
                    to be a part of, the Orocopia Mountains Wilderness as
                    designated by paragraph (44) of section 102 of Public
                    Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note),
                    except that the wilderness boundaries established by
                    this subsection in Township 7 South, Range 13 East,
                    exclude--
                              (i) a corridor 250 feet north of the
                          centerline of the Bradshaw Trail;
                              (ii) a corridor 250 feet from both sides of
                          the centerline of the vehicle route in the unnamed
                          wash that flows between the Eagle Mountain
                          Railroad on the south and the existing Orocopia
                          Mountains Wilderness boundary; and
                              (iii) a corridor 250 feet from both sides of
                          the centerline of the vehicle route in the unnamed
                          wash that flows between the Chocolate Mountain
                          Aerial Gunnery Range on the south and the existing
                          Orocopia Mountains Wilderness boundary.
                        (H) Palen/McCoy wilderness additions.--In accordance
                    with the Wilderness Act (16 U.S.C. 1131 et seq.),
                    certain land administered by the Bureau of Land
                    Management in Riverside County, California, comprising
                    approximately 22,645 acres, as generally depicted on the
                    map titled ``Palen-McCoy Proposed Wilderness
                    Additions'', and dated May 8, 2008, is designated as
                    wilderness and is incorporated in, and shall be deemed
                    to be a part of, the Palen/McCoy Wilderness as
                    designated by paragraph (47) of section 102 of Public
                    Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
                        (I) Pinto mountains wilderness.--In accordance with
                    the Wilderness Act (16 U.S.C. 1131 et seq.), certain
                    land administered by the Bureau of Land Management in
                    Riverside County, California, comprising approximately
                    24,404

    [[Page 123 STAT. 1064]]

                    acres, as generally depicted on the map titled ``Pinto
                    Mountains Proposed Wilderness'', and dated February 21,
                    2008, is designated as wilderness and, therefore, as a
                    component of the National Wilderness Preservation
                    System, which shall be known as the ``Pinto Mountains
                    Wilderness''.
                        (J) Chuckwalla mountains wilderness additions.--In
                    accordance with the Wilderness Act (16 U.S.C. 1131 et
                    seq.), certain land administered by the Bureau of Land
                    Management in Riverside County, California, comprising
                    approximately 12,815 acres, as generally depicted on the
                    map titled ``Chuckwalla Mountains Proposed Wilderness
                    Addition'', and dated May 8, 2008, is designated as
                    wilderness and is incorporated in, and shall be deemed
                    to be a part of the Chuckwalla Mountains Wilderness as
                    designated by paragraph (12) of section 102 of Public
                    Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
                (2) Maps and descriptions.--
                        (A) In general.--As soon as practicable after the
                    date of the enactment of this Act, the Secretary shall
                    file a map and legal description of each wilderness area
                    and wilderness addition designated by this section with
                    the Committee on Natural Resources of the House of
                    Representatives and the Committee on Energy and Natural
                    Resources of the Senate.
                        (B) Force of law.--A map and legal description filed
                    under subparagraph (A) shall have the same force and
                    effect as if included in this section, except that the
                    Secretary may correct errors in the map and legal
                    description.
                        (C) Public availability.--Each map and legal
                    description filed under subparagraph (A) shall be filed
                    and made available for public inspection in the
                    appropriate office of the Secretary.
                (3) Utility facilities.--Nothing in this section prohibits
            the construction, operation, or maintenance, using standard
            industry practices, of existing utility facilities located
            outside of the wilderness areas and wilderness additions
            designated by this section.

        (c) <<NOTE: 16 USC 1132 note.>>  Joshua Tree National Park Potential
    Wilderness.--
                (1) Designation of potential wilderness.--Certain land in
            the Joshua Tree National Park, comprising approximately 43,300
            acres, as generally depicted on the map numbered 156/80,055, and
            titled ``Joshua Tree National Park Proposed Wilderness
            Additions'', and dated March 2008, is designated potential
            wilderness and shall be managed by the Secretary of the Interior
            insofar as practicable as wilderness until such time as the land
            is designated as wilderness pursuant to paragraph (2).
                (2) <<NOTE: Effective date. Federal Register,
            publication. Notice.>>  Designation as wilderness.--The land
            designated potential wilderness by paragraph (1) shall be
            designated as wilderness and incorporated in, and be deemed to
            be a part of, the Joshua Tree Wilderness designated by section
            1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note),
            effective upon publication by the Secretary of the Interior in
            the Federal Register of a notice that--
                        (A) all uses of the land within the potential
                    wilderness prohibited by the Wilderness Act (16 U.S.C.
                    1131 et seq.) have ceased; and

    [[Page 123 STAT. 1065]]

                        (B) sufficient inholdings within the boundaries of
                    the potential wilderness have been acquired to establish
                    a manageable wilderness unit.
                (3) Map and description.--
                        (A) In general.--As soon as practicable after the
                    date on which the notice required by paragraph (2) is
                    published in the Federal Register, the Secretary shall
                    file a map and legal description of the land designated
                    as wilderness and potential wilderness by this section
                    with the Committee on Natural Resources of the House of
                    Representatives and the Committee on Energy and Natural
                    Resources of the Senate.
                        (B) Force of law.--The map and legal description
                    filed under subparagraph (A) shall have the same force
                    and effect as if included in this section, except that
                    the Secretary may correct errors in the map and legal
                    description.
                        (C) Public availability.--Each map and legal
                    description filed under subparagraph (A) shall be filed
                    and made available for public inspection in the
                    appropriate office of the Secretary.

        (d) Administration of Wilderness.--
                (1) Management.--Subject to valid existing rights, the land
            designated as wilderness or as a wilderness addition by this
            section shall be administered by the Secretary in accordance
            with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
                        (A) any reference in that Act to the effective date
                    of that Act shall be deemed to be a reference to--
                              (i) the date of the enactment of this Act; or
                              (ii) in the case of the wilderness addition
                          designated by subsection (c), the date on which
                          the notice required by such subsection is
                          published in the Federal Register; and
                        (B) any reference in that Act to the Secretary of
                    Agriculture shall be deemed to be a reference to the
                    Secretary that has jurisdiction over the land.
                (2) Incorporation of acquired land and interests.--Any land
            within the boundaries of a wilderness area or wilderness
            addition designated by this section that is acquired by the
            United States shall--
                        (A) become part of the wilderness area in which the
                    land is located; and
                        (B) be managed in accordance with this section, the
                    Wilderness Act (16 U.S.C. 1131 et seq.), and any other
                    applicable law.
                (3) Withdrawal.--Subject to valid rights in existence on the
            date of enactment of this Act, the land designated as wilderness
            by this section is withdrawn from all forms of--
                        (A) entry, appropriation, or disposal under the
                    public land laws;
                        (B) location, entry, and patent under the mining
                    laws; and
                        (C) disposition under all laws pertaining to mineral
                    and geothermal leasing or mineral materials.
                (4) Fire management and related activities.--
                        (A) In general.--The Secretary may take such
                    measures in a wilderness area or wilderness addition
                    designated

    [[Page 123 STAT. 1066]]

                    by this section as are necessary for the control of
                    fire, insects, and diseases in accordance with section
                    4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
                    House Report 98-40 of the 98th Congress.
                        (B) Funding priorities.--Nothing in this section
                    limits funding for fire and fuels management in the
                    wilderness areas and wilderness additions designated by
                    this section.
                        (C) Revision and development of local fire
                    management plans.--As soon as practicable after the date
                    of enactment of this Act, the Secretary shall amend the
                    local fire management plans that apply to the land
                    designated as a wilderness area or wilderness addition
                    by this section.
                        (D) Administration.--Consistent with subparagraph
                    (A) and other applicable Federal law, to ensure a timely
                    and efficient response to fire emergencies in the
                    wilderness areas and wilderness additions designated by
                    this section, the Secretary shall--
                              (i) <<NOTE: Deadline. Procedures.>>  not later
                          than 1 year after the date of enactment of this
                          Act, establish agency approval procedures
                          (including appropriate delegations of authority to
                          the Forest Supervisor, District Manager, or other
                          agency officials) for responding to fire
                          emergencies; and
                              (ii) <<NOTE: Contracts.>>  enter into
                          agreements with appropriate State or local
                          firefighting agencies.
                (5) Grazing.--Grazing of livestock in a wilderness area or
            wilderness addition designated by this section shall be
            administered in accordance with the provisions of section
            4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
            guidelines set forth in House Report 96-617 to accompany H.R.
            5487 of the 96th Congress.
                (6) Native american uses and interests.--
                        (A) Access and use.--To the extent practicable, the
                    Secretary shall ensure access to the Cahuilla Mountain
                    Wilderness by members of an Indian tribe for traditional
                    cultural purposes. In implementing this paragraph, the
                    Secretary, upon the request of an Indian tribe, may
                    temporarily close to the general public use of one or
                    more specific portions of the wilderness area in order
                    to protect the privacy of traditional cultural
                    activities in such areas by members of the Indian tribe.
                    Any such closure shall be made to affect the smallest
                    practicable area for the minimum period necessary for
                    such purposes. Such access shall be consistent with the
                    purpose and intent of Public Law 95-341 (42 U.S.C.
                    1996), commonly referred to as the American Indian
                    Religious Freedom Act, and the Wilderness Act (16 U.S.C.
                    1131 et seq.).
                        (B) Indian tribe defined.--In this paragraph, the
                    term ``Indian tribe'' means any Indian tribe, band,
                    nation, or other organized group or community of Indians
                    which is recognized as eligible by the Secretary of the
                    Interior for the special programs and services provided
                    by the United States to Indians because of their status
                    as Indians.
                (7) Military activities.--Nothing in this section
            precludes--

    [[Page 123 STAT. 1067]]

                        (A) low-level overflights of military aircraft over
                    the wilderness areas or wilderness additions designated
                    by this section;
                        (B) the designation of new units of special airspace
                    over the wilderness areas or wilderness additions
                    designated by this section; or
                        (C) the use or establishment of military flight
                    training routes over wilderness areas or wilderness
                    additions designated by this section.
    SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY,
                              CALIFORNIA.

        Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
    (as amended by section 1805) is amended by adding at the end the
    following new paragraphs:
        ``(200) North Fork San Jacinto River, California.--The following
    segments of the North Fork San Jacinto River in the State of California,
    to be administered by the Secretary of Agriculture:
                ``(A) The 2.12-mile segment from the source of the North
            Fork San Jacinto River at Deer Springs in Mt. San Jacinto State
            Park to the State Park boundary, as a wild river.
                ``(B) The 1.66-mile segment from the Mt. San Jacinto State
            Park boundary to the Lawler Park boundary in section 26,
            township 4 south, range 2 east, San Bernardino meridian, as a
            scenic river.
                ``(C) The 0.68-mile segment from the Lawler Park boundary to
            its confluence with Fuller Mill Creek, as a recreational river.
                ``(D) The 2.15-mile segment from its confluence with Fuller
            Mill Creek to .25 miles upstream of the 5S09 road crossing, as a
            wild river.
                ``(E) The 0.6-mile segment from .25 miles upstream of the
            5S09 road crossing to its confluence with Stone Creek, as a
            scenic river.
                ``(F) The 2.91-mile segment from the Stone Creek confluence
            to the northern boundary of section 17, township 5 south, range
            2 east, San Bernardino meridian, as a wild river.

        ``(201) Fuller Mill Creek, California.--The following segments of
    Fuller Mill Creek in the State of California, to be administered by the
    Secretary of Agriculture:
                ``(A) The 1.2-mile segment from the source of Fuller Mill
            Creek in the San Jacinto Wilderness to the Pinewood property
            boundary in section 13, township 4 south, range 2 east, San
            Bernardino meridian, as a scenic river.
                ``(B) The 0.9-mile segment in the Pine Wood property, as a
            recreational river.
                ``(C) The 1.4-mile segment from the Pinewood property
            boundary in section 23, township 4 south, range 2 east, San
            Bernardino meridian, to its confluence with the North Fork San
            Jacinto River, as a scenic river.

        ``(202) <<NOTE: Contracts.>>  Palm Canyon Creek, California.--The
    8.1-mile segment of Palm Canyon Creek in the State of California from
    the southern boundary of section 6, township 7 south, range 5 east, San
    Bernardino meridian, to the San Bernardino National Forest boundary in
    section 1, township 6 south, range 4 east, San

    [[Page 123 STAT. 1068]]

    Bernardino meridian, to be administered by the Secretary of Agriculture
    as a wild river, and the Secretary shall enter into a cooperative
    management agreement with the Agua Caliente Band of Cahuilla Indians to
    protect and enhance river values.

        ``(203) Bautista Creek, California.--The 9.8-mile segment of
    Bautista Creek in the State of California from the San Bernardino
    National Forest boundary in section 36, township 6 south, range 2 east,
    San Bernardino meridian, to the San Bernardino National Forest boundary
    in section 2, township 6 south, range 1 east, San Bernardino meridian,
    to be administered by the Secretary of Agriculture as a recreational
    river.''.
    SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND
                              SAN JACINTO MOUNTAINS NATIONAL MONUMENT.

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

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

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

    SEC. 1901. DEFINITIONS.

        In this subtitle:
                (1) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (2) State.--The term ``State'' means the State of
            California.
    SEC. 1902. DESIGNATION OF WILDERNESS AREAS.

        In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
    following areas in the State are designated as wilderness areas and as
    components of the National Wilderness Preservation System:
                (1) <<NOTE: 16 USC 1132 note.>>  John krebs wilderness.--
                        (A) Designation.--Certain land in Sequoia and Kings
                    Canyon National Parks, comprising approximately 39,740

    [[Page 123 STAT. 1069]]

                    acres of land, and 130 acres of potential wilderness
                    additions as generally depicted on the map numbered 102/
                    60014b, titled ``John Krebs Wilderness'', and dated
                    September 16, 2008.
                        (B) Effect.--Nothing in this paragraph affects--
                              (i) the cabins in, and adjacent to, Mineral
                          King Valley; or
                              (ii) the private inholdings known as ``Silver
                          City'' and ``Kaweah Han''.
                        (C) Potential wilderness additions.--The designation
                    of the potential wilderness additions under subparagraph
                    (A) shall not prohibit the operation, maintenance, and
                    repair of the small check dams and water impoundments on
                    Lower Franklin Lake, Crystal Lake, Upper Monarch Lake,
                    and Eagle Lake. The Secretary is authorized to allow the
                    use of helicopters for the operation, maintenance, and
                    repair of the small check dams and water impoundments on
                    Lower Franklin Lake, Crystal Lake, Upper Monarch Lake,
                    and Eagle Lake. The potential wilderness additions shall
                    be designated as wilderness and incorporated into the
                    John Krebs Wilderness established by this section upon
                    termination of the non-conforming uses.
                (2) <<NOTE: 16 USC 1132 note.>>  Sequoia-kings canyon
            wilderness addition.--Certain land in Sequoia and Kings Canyon
            National Parks, California, comprising approximately 45,186
            acres as generally depicted on the map titled ``Sequoia-Kings
            Canyon Wilderness Addition'', numbered 102/60015a, and dated
            March 10, 2008, is incorporated in, and shall be considered to
            be a part of, the Sequoia-Kings Canyon Wilderness.
                (3) Recommended wilderness.--Land in Sequoia and Kings
            Canyon National Parks that was managed as of the date of
            enactment of this Act as recommended or proposed wilderness but
            not designated by this section as wilderness shall continue to
            be managed as recommended or proposed wilderness, as
            appropriate.
    SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS.

        (a) In General.--Subject to valid existing rights, each area
    designated as wilderness by this subtitle shall be administered by the
    Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
    seq.), except that any reference in the Wilderness Act to the effective
    date of the Wilderness Act shall be considered to be a reference to the
    date of enactment of this Act.
        (b) Map and Legal Description.--
                (1) <<NOTE: Deadline.>>  Submission of map and legal
            description.--As soon as practicable, but not later than 3
            years, after the date of enactment of this Act, the Secretary
            shall file a map and legal description of each area designated
            as wilderness by this subtitle with--
                        (A) the Committee on Energy and Natural Resources of
                    the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.
                (2) Force and effect.--The map and legal description filed
            under paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may

    [[Page 123 STAT. 1070]]

            correct any clerical or typographical error in the map or legal
            description.
                (3) Public availability.--The map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the Office of the Secretary.

        (c) Hydrologic, Meteorologic, and Climatological Devices,
    Facilities, and Associated Equipment.--The Secretary shall continue to
    manage maintenance and access to hydrologic, meteorologic, and
    climatological devices, facilities and associated equipment consistent
    with House Report 98-40.
        (d) Authorized Activities Outside Wilderness.--Nothing in this
    subtitle precludes authorized activities conducted outside of an area
    designated as wilderness by this subtitle by cabin owners (or designees)
    in the Mineral King Valley area or property owners or lessees (or
    designees) in the Silver City inholding, as identified on the map
    described in section 1902(1)(A).
        (e) Horseback Riding.--Nothing in this subtitle precludes horseback
    riding in, or the entry of recreational or commercial saddle or pack
    stock into, an area designated as wilderness by this subtitle--
                (1) in accordance with section 4(d)(5) of the Wilderness Act
            (16 U.S.C. 1133(d)(5)); and
                (2) subject to any terms and conditions determined to be
            necessary by the Secretary.
    SEC. 1904. AUTHORIZATION OF APPROPRIATIONS.

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

          Subtitle N--Rocky Mountain National Park Wilderness, Colorado

    SEC. 1951. DEFINITIONS.

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

        (a) <<NOTE: 16 USC 1132 note.>>  Designation.--In furtherance of the
    purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is
    designated as wilderness and as a component of the National Wilderness
    Preservation System approximately 249,339 acres of land in the Park, as
    generally depicted on the map.

        (b) Map and Boundary Description.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall--

    [[Page 123 STAT. 1071]]

                        (A) prepare a map and boundary description of the
                    Wilderness; and
                        (B) submit the map and boundary description prepared
                    under subparagraph (A) to the Committee on Energy and
                    Natural Resources of the Senate and the Committee on
                    Natural Resources of the House of Representatives.
                (2) Availability; force of law.--The map and boundary
            description submitted under paragraph (1)(B) shall--
                        (A) be on file and available for public inspection
                    in appropriate offices of the National Park Service; and
                        (B) have the same force and effect as if included in
                    this subtitle.

        (c) Inclusion of Potential Wilderness.--
                (1) <<NOTE: Effective date. Federal Register,
            publication. Notice. 16 USC 1132 note.>>  In general.--On
            publication in the Federal Register of a notice by the Secretary
            that all uses inconsistent with the Wilderness Act (16 U.S.C.
            1131 et seq.) have ceased on the land identified on the map as a
            ``Potential Wilderness Area'', the land shall be--
                        (A) included in the Wilderness; and
                        (B) administered in accordance with subsection (e).
                (2) Boundary description.--On inclusion in the Wilderness of
            the land referred to in paragraph (1), the Secretary shall
            modify the map and boundary description submitted under
            subsection (b) to reflect the inclusion of the land.

        (d) Exclusion of Certain Land.--The following areas are specifically
    excluded from the Wilderness:
                (1) The Grand River Ditch (including the main canal of the
            Grand River Ditch and a branch of the main canal known as the
            Specimen Ditch), the right-of-way for the Grand River Ditch,
            land 200 feet on each side of the center line of the Grand River
            Ditch, and any associated appurtenances, structures, buildings,
            camps, and work sites in existence as of June 1, 1998.
                (2) Land owned by the St. Vrain & Left Hand Water
            Conservancy District, including Copeland Reservoir and the Inlet
            Ditch to the Reservoir from North St. Vrain Creek, comprising
            approximately 35.38 acres.
                (3) Land owned by the Wincenstsen-Harms Trust, comprising
            approximately 2.75 acres.
                (4) Land within the area depicted on the map as the ``East
            Shore Trail Area''.

        (e) Administration.--Subject to valid existing rights, any land
    designated as wilderness under this section or added to the Wilderness
    after the date of enactment of this Act under subsection (c) shall be
    administered by the Secretary in accordance with this subtitle and the
    Wilderness Act (16 U.S.C. 1131 et seq.), except that--
                (1) any reference in the Wilderness Act (16 U.S.C. 1131 et
            seq.) to the effective date of that Act shall be considered to
            be a reference to the date of enactment of this Act, or the date
            on which the additional land is added to the Wilderness,
            respectively; and
                (2) any reference in the Wilderness Act (16 U.S.C. 1131 et
            seq.) to the Secretary of Agriculture shall be considered to be
            a reference to the Secretary.

        (f) Water Rights.--
                (1) Findings.--Congress finds that--

    [[Page 123 STAT. 1072]]

                        (A) the United States has existing rights to water
                    within the Park;
                        (B) the existing water rights are sufficient for the
                    purposes of the Wilderness; and
                        (C) based on the findings described in subparagraphs
                    (A) and (B), there is no need for the United States to
                    reserve or appropriate any additional water rights to
                    fulfill the purposes of the Wilderness.
                (2) Effect.--Nothing in this subtitle--
                        (A) constitutes an express or implied reservation by
                    the United States of water or water rights for any
                    purpose; or
                        (B) modifies or otherwise affects any existing water
                    rights held by the United States for the Park.

        (g) Fire, Insect, and Disease Control.--The Secretary may take such
    measures in the Wilderness as are necessary to control fire, insects,
    and diseases, as are provided for in accordance with--
                (1) the laws applicable to the Park; and
                (2) the Wilderness Act (16 U.S.C. 1131 et seq.).
    SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON PROJECTS.

        (a) Conditional Waiver of Strict Liability.--During any period in
    which the Water Supply and Storage Company (or any successor in interest
    to the company with respect to the Grand River Ditch) operates and
    maintains the portion of the Grand River Ditch in the Park in compliance
    with an operations and maintenance agreement between the Water Supply
    and Storage Company and the National Park Service, the provisions of
    paragraph (6) of the stipulation approved June 28, 1907--
                (1) shall be suspended; and
                (2) shall not be enforceable against the Company (or any
            successor in interest).

        (b) Agreement.--The agreement referred to in subsection (a) shall--
                (1) ensure that--
                        (A) Park resources are managed in accordance with
                    the laws generally applicable to the Park, including--
                              (i) the Act of January 26, 1915 (16 U.S.C. 191
                          et seq.); and
                              (ii) the National Park Service Organic Act (16
                          U.S.C. 1 et seq.);
                        (B) Park land outside the right-of-way corridor
                    remains unimpaired consistent with the National Park
                    Service management policies in effect as of the date of
                    enactment of this Act; and
                        (C) any use of Park land outside the right-of-way
                    corridor (as of the date of enactment of this Act) shall
                    be permitted only on a temporary basis, subject to such
                    terms and conditions as the Secretary determines to be
                    necessary; and
                (2) include stipulations with respect to--
                        (A) flow monitoring and early warning measures;
                        (B) annual and periodic inspections;
                        (C) an annual maintenance plan;
                        (D) measures to identify on an annual basis capital
                    improvement needs; and

    [[Page 123 STAT. 1073]]

                        (E) the development of plans to address the needs
                    identified under subparagraph (D).

        (c) Limitation.--Nothing in this section limits or otherwise
    affects--
                (1) the liability of any individual or entity for damages
            to, loss of, or injury to any resource within the Park resulting
            from any cause or event that occurred before the date of
            enactment of this Act; or
                (2) Public Law 101-337 (16 U.S.C. 19jj et seq.), including
            the defenses available under that Act for damage caused--
                        (A) solely by--
                              (i) an act of God;
                              (ii) an act of war; or
                              (iii) an act or omission of a third party
                          (other than an employee or agent); or
                        (B) by an activity authorized by Federal or State
                    law.

        (d) Colorado-Big Thompson Project and Windy Gap Project.--
                (1) In general.--Nothing in this subtitle, including the
            designation of the Wilderness, prohibits or affects current and
            future operation and maintenance activities in, under, or
            affecting the Wilderness that were allowed as of the date of
            enactment of this Act under the Act of January 26, 1915 (16
            U.S.C. 191), relating to the Alva B. Adams Tunnel or other
            Colorado-Big Thompson Project facilities located within the
            Park.
                (2) Alva b. adams tunnel.--Nothing in this subtitle,
            including the designation of the Wilderness, prohibits or
            restricts the conveyance of water through the Alva B. Adams
            Tunnel for any purpose.

        (e) <<NOTE: Determination.>>  Right-of-Way.--Notwithstanding the Act
    of March 3, 1891 (43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C.
    951), the right of way for the Grand River Ditch shall not be
    terminated, forfeited, or otherwise affected as a result of the water
    transported by the Grand River Ditch being used primarily for domestic
    purposes or any purpose of a public nature, unless the Secretary
    determines that the change in the main purpose or use adversely affects
    the Park.

        (f) New Reclamation Projects.--Nothing in the first section of the
    Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow
    development in the Wilderness of any reclamation project not in
    existence as of the date of enactment of this Act.
        (g) Clarification of Management Authority.--Nothing in this section
    reduces or limits the authority of the Secretary to manage land and
    resources within the Park under applicable law.
    SEC. 1954. EAST SHORE TRAIL AREA.

        (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after
    the date of enactment of this Act, the Secretary shall establish within
    the East Shore Trail Area in the Park an alignment line for a trail, to
    be known as the ``East Shore Trail'', to maximize the opportunity for
    sustained use of the Trail without causing--
                (1) harm to affected resources; or
                (2) conflicts among users.

        (b) Boundaries.--
                (1) In general.--After establishing the alignment line for
            the Trail under subsection (a), the Secretary shall--

    [[Page 123 STAT. 1074]]

                        (A) identify the boundaries of the Trail, which
                    shall not extend more than 25 feet east of the alignment
                    line or be located within the Wilderness; and
                        (B) modify the map of the Wilderness prepared under
                    section 1952(b)(1)(A) so that the western boundary of
                    the Wilderness is 50 feet east of the alignment line.
                (2) Adjustments.--To the extent necessary to protect Park
            resources, the Secretary may adjust the boundaries of the Trail,
            if the adjustment does not place any portion of the Trail within
            the boundary of the Wilderness.

        (c) <<NOTE: 16 USC 1132 note.>>  Inclusion in Wilderness.--On
    completion of the construction of the Trail, as authorized by the
    Secretary--
                (1) any portion of the East Shore Trail Area that is not
            traversed by the Trail, that is not west of the Trail, and that
            is not within 50 feet of the centerline of the Trail shall be--
                        (A) included in the Wilderness; and
                        (B) managed as part of the Wilderness in accordance
                    with section 1952; and
                (2) the Secretary shall modify the map and boundary
            description of the Wilderness prepared under section
            1952(b)(1)(A) to reflect the inclusion of the East Shore Trail
            Area land in the Wilderness.

        (d) Effect.--Nothing in this section--
                (1) requires the construction of the Trail along the
            alignment line established under subsection (a); or
                (2) limits the extent to which any otherwise applicable law
            or policy applies to any decision with respect to the
            construction of the Trail.

        (e) Relation to Land Outside Wilderness.--
                (1) In general.--Except as provided in this subsection,
            nothing in this subtitle affects the management or use of any
            land not included within the boundaries of the Wilderness or the
            potential wilderness land.
                (2) Motorized vehicles and machinery.--No use of motorized
            vehicles or other motorized machinery that was not permitted on
            March 1, 2006, shall be allowed in the East Shore Trail Area
            except as the Secretary determines to be necessary for use in--
                        (A) constructing the Trail, if the construction is
                    authorized by the Secretary; or
                        (B) maintaining the Trail.
                (3) Management of land before inclusion.--Until the
            Secretary authorizes the construction of the Trail and the use
            of the Trail for non-motorized bicycles, the East Shore Trail
            Area shall be managed--
                        (A) to protect any wilderness characteristics of the
                    East Shore Trail Area; and
                        (B) to maintain the suitability of the East Shore
                    Trail Area for inclusion in the Wilderness.
    SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.

        (a) Indian Peaks Wilderness Boundary Adjustment.--Section 3(a) of
    the Indian Peaks Wilderness Area, the Arapaho National Recreation Area
    and the Oregon Islands Wilderness Area Act (16 U.S.C. 1132 note; Public
    Law 95-450) is amended--

    [[Page 123 STAT. 1075]]

                (1) by striking ``seventy thousand acres'' and inserting
            ``74,195 acres''; and
                (2) by striking ``, dated July 1978'' and inserting ``and
            dated May 2007''.

        (b) Arapaho National Recreation Area Boundary Adjustment.--Section
    4(a) of the Indian Peaks Wilderness Area, the Arapaho National
    Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C.
    460jj(a)) is amended--
                (1) by striking ``thirty-six thousand two hundred thirty-
            five acres'' and inserting ``35,235 acres''; and
                (2) by striking ``, dated July 1978'' and inserting ``and
            dated May 2007''.
    SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT.

        (a) <<NOTE: Applicability.>>  In General.--Section 3(k) of Public
    Law 91-383 (16 U.S.C. 1a-2(k)) shall apply to the parcel of land
    described in subsection (b).

        (b) Description of the Land.--The parcel of land referred to in
    subsection (a) is the parcel of land known as the ``Leiffer tract'' that
    is--
                (1) located near the eastern boundary of the Park in Larimer
            County, Colorado; and
                (2) administered by the National Park Service.

                       Subtitle O--Washington County, Utah

    SEC. 1971. <<NOTE: 16 USC 460www note.>>  DEFINITIONS.

        In this subtitle:
                (1) Beaver dam wash national conservation area map.--The
            term ``Beaver Dam Wash National Conservation Area Map'' means
            the map entitled ``Beaver Dam Wash National Conservation Area''
            and dated December 18, 2008.
                (2) Canaan mountain wilderness map.--The term ``Canaan
            Mountain Wilderness Map'' means the map entitled ``Canaan
            Mountain Wilderness'' and dated June 21, 2008.
                (3) County.--The term ``County'' means Washington County,
            Utah.
                (4) Northeastern washington county wilderness map.--The term
            ``Northeastern Washington County Wilderness Map'' means the map
            entitled ``Northeastern Washington County Wilderness'' and dated
            November 12, 2008.
                (5) Northwestern washington county wilderness map.--The term
            ``Northwestern Washington County Wilderness Map'' means the map
            entitled ``Northwestern Washington County Wilderness'' and dated
            June 21, 2008.
                (6) Red cliffs national conservation area map.--The term
            ``Red Cliffs National Conservation Area Map'' means the map
            entitled ``Red Cliffs National Conservation Area'' and dated
            November 12, 2008.
                (7) Secretary.--The term ``Secretary'' means--
                        (A) with respect to land under the jurisdiction of
                    the Secretary of Agriculture, the Secretary of
                    Agriculture; and
                        (B) with respect to land under the jurisdiction of
                    the Secretary of the Interior, the Secretary of the
                    Interior.
                (8) State.--The term ``State'' means the State of Utah.

    [[Page 123 STAT. 1076]]

                (9) Washington county growth and conservation act map.--The
            term ``Washington County Growth and Conservation Act Map'' means
            the map entitled ``Washington County Growth and Conservation Act
            Map'' and dated November 13, 2008.
    SEC. 1972. WILDERNESS AREAS.

        (a) Additions to National Wilderness Preservation System.--
                (1) <<NOTE: 16 USC 1132 note.>>  Additions.--Subject to
            valid existing rights, the following land in the State is
            designated as wilderness and as components of the National
            Wilderness Preservation System:
                        (A) Beartrap canyon.--Certain Federal land managed
                    by the Bureau of Land Management, comprising
                    approximately 40 acres, as generally depicted on the
                    Northeastern Washington County Wilderness Map, which
                    shall be known as the ``Beartrap Canyon Wilderness''.
                        (B) Blackridge.--Certain Federal land managed by the
                    Bureau of Land Management, comprising approximately
                    13,015 acres, as generally depicted on the Northeastern
                    Washington County Wilderness Map, which shall be known
                    as the ``Blackridge Wilderness''.
                        (C) Canaan mountain.--Certain Federal land in the
                    County managed by the Bureau of Land Management,
                    comprising approximately 44,531 acres, as generally
                    depicted on the Canaan Mountain Wilderness Map, which
                    shall be known as the ``Canaan Mountain Wilderness''.
                        (D) Cottonwood canyon.--Certain Federal land managed
                    by the Bureau of Land Management, comprising
                    approximately 11,712 acres, as generally depicted on the
                    Red Cliffs National Conservation Area Map, which shall
                    be known as the ``Cottonwood Canyon Wilderness''.
                        (E) Cottonwood forest.--Certain Federal land managed
                    by the Forest Service, comprising approximately 2,643
                    acres, as generally depicted on the Red Cliffs National
                    Conservation Area Map, which shall be known as the
                    ``Cottonwood Forest Wilderness''.
                        (F) Cougar canyon.--Certain Federal land managed by
                    the Bureau of Land Management, comprising approximately
                    10,409 acres, as generally depicted on the Northwestern
                    Washington County Wilderness Map, which shall be known
                    as the ``Cougar Canyon Wilderness''.
                        (G) Deep creek.--Certain Federal land managed by the
                    Bureau of Land Management, comprising approximately
                    3,284 acres, as generally depicted on the Northeastern
                    Washington County Wilderness Map, which shall be known
                    as the ``Deep Creek Wilderness''.
                        (H) Deep creek north.--Certain Federal land managed
                    by the Bureau of Land Management, comprising
                    approximately 4,262 acres, as generally depicted on the
                    Northeastern Washington County Wilderness Map, which
                    shall be known as the ``Deep Creek North Wilderness''.
                        (I) Doc's pass.--Certain Federal land managed by the
                    Bureau of Land Management, comprising approximately
                    17,294 acres, as generally depicted on the Northwestern
                    Washington County Wilderness Map, which shall be known
                    as the ``Doc's Pass Wilderness''.

    [[Page 123 STAT. 1077]]

                        (J) Goose creek.--Certain Federal land managed by
                    the Bureau of Land Management, comprising approximately
                    98 acres, as generally depicted on the Northeastern
                    Washington County Wilderness Map, which shall be known
                    as the ``Goose Creek Wilderness''.
                        (K) Laverkin creek.--Certain Federal land managed by
                    the Bureau of Land Management, comprising approximately
                    445 acres, as generally depicted on the Northeastern
                    Washington County Wilderness Map, which shall be known
                    as the ``LaVerkin Creek Wilderness''.
                        (L) Red butte.--Certain Federal land managed by the
                    Bureau of Land Management, comprising approximately
                    1,537 acres, as generally depicted on the Northeastern
                    Washington County Wilderness Map, which shall be known
                    as the ``Red Butte Wilderness''.
                        (M) Red mountain.--Certain Federal land managed by
                    the Bureau of Land Management, comprising approximately
                    18,729 acres, as generally depicted on the Red Cliffs
                    National Conservation Area Map, which shall be known as
                    the ``Red Mountain Wilderness''.
                        (N) Slaughter creek.--Certain Federal land managed
                    by the Bureau of Land Management, comprising
                    approximately 3,901 acres, as generally depicted on the
                    Northwestern Washington County Wilderness Map, which
                    shall be known as the ``Slaughter Creek Wilderness''.
                        (O) Taylor creek.--Certain Federal land managed by
                    the Bureau of Land Management, comprising approximately
                    32 acres, as generally depicted on the Northeastern
                    Washington County Wilderness Map, which shall be known
                    as the ``Taylor Creek Wilderness''.
                (2) Maps and legal descriptions.--
                        (A) In general.--As soon as practicable after the
                    date of enactment of this Act, the Secretary shall
                    submit to the Committee on Energy and Natural Resources
                    of the Senate and the Committee on Natural Resources of
                    the House of Representatives a map and legal description
                    of each wilderness area designated by paragraph (1).
                        (B) Force and effect.--Each map and legal
                    description submitted under subparagraph (A) shall have
                    the same force and effect as if included in this
                    subtitle, except that the Secretary may correct any
                    clerical or typographical errors in the map or legal
                    description.
                        (C) Availability.--Each map and legal description
                    submitted under subparagraph (A) shall be available in
                    the appropriate offices of--
                              (i) the Bureau of Land Management; and
                              (ii) the Forest Service.

        (b) Administration of Wilderness Areas.--
                (1) Management.--Subject to valid existing rights, each area
            designated as wilderness by subsection (a)(1) shall be
            administered by the Secretary in accordance with the Wilderness
            Act (16 U.S.C. 1131 et seq.), except that--
                        (A) any reference in the Wilderness Act to the
                    effective date of that Act shall be considered to be a
                    reference to the date of enactment of this Act; and

    [[Page 123 STAT. 1078]]

                        (B) any reference in the Wilderness Act to the
                    Secretary of Agriculture shall be considered to be a
                    reference to the Secretary that has jurisdiction over
                    the land.
                (2) Livestock.--The grazing of livestock in each area
            designated as wilderness by subsection (a)(1), where established
            before the date of enactment of this Act, shall be permitted to
            continue--
                        (A) subject to such reasonable regulations,
                    policies, and practices that the Secretary considers
                    necessary; and
                        (B) in accordance with--
                              (i) section 4(d)(4) of the Wilderness Act (16
                          U.S.C. 1133(d)(4)); and
                              (ii) the guidelines set forth in Appendix A of
                          the report of the Committee on Interior and
                          Insular Affairs of the House of Representatives
                          accompanying H.R. 2570 of the 101st Congress
                          (H.Rep. 101-405) and H.R. 5487 of the 96th
                          Congress (H. Rept. 96-617).
                (3) Wildfire, insect, and disease management.--In accordance
            with section 4(d)(1) of the Wilderness Act (16 U.S.C.
            1133(d)(1)), the Secretary may take such measures in each area
            designated as wilderness by subsection (a)(1) as the Secretary
            determines to be necessary for the control of fire, insects, and
            diseases (including, as the Secretary determines to be
            appropriate, the coordination of those activities with a State
            or local agency).
                (4) Buffer zones.--
                        (A) In general.--Nothing in this section creates a
                    protective perimeter or buffer zone around any area
                    designated as wilderness by subsection (a)(1).
                        (B) Activities outside wilderness.--The fact that an
                    activity or use on land outside any area designated as
                    wilderness by subsection (a)(1) can be seen or heard
                    within the wilderness shall not preclude the activity or
                    use outside the boundary of the wilderness.
                (5) Military overflights.--Nothing in this section restricts
            or precludes--
                        (A) low-level overflights of military aircraft over
                    any area designated as wilderness by subsection (a)(1),
                    including military overflights that can be seen or heard
                    within any wilderness area;
                        (B) flight testing and evaluation; or
                        (C) the designation or creation of new units of
                    special use airspace, or the establishment of military
                    flight training routes over any wilderness area.
                (6) Acquisition and incorporation of land and interests in
            land.--
                        (A) Acquisition authority.--In accordance with
                    applicable laws (including regulations), the Secretary
                    may acquire any land or interest in land within the
                    boundaries of the wilderness areas designated by
                    subsection (a)(1) by purchase from willing sellers,
                    donation, or exchange.
                        (B) Incorporation.--Any land or interest in land
                    acquired by the Secretary under subparagraph (A) shall
                    be incorporated into, and administered as a part of, the
                    wilderness area in which the land or interest in land is
                    located.

    [[Page 123 STAT. 1079]]

                (7) Native american cultural and religious uses.--Nothing in
            this section diminishes--
                        (A) the rights of any Indian tribe; or
                        (B) any tribal rights regarding access to Federal
                    land for tribal activities, including spiritual,
                    cultural, and traditional food-gathering activities.
                (8) <<NOTE: Determination.>>  Climatological data
            collection.--In accordance with the Wilderness Act (16 U.S.C.
            1131 et seq.) and subject to such terms and conditions as the
            Secretary may prescribe, the Secretary may authorize the
            installation and maintenance of hydrologic, meteorologic, or
            climatological collection devices in the wilderness areas
            designated by subsection (a)(1) if the Secretary determines that
            the facilities and access to the facilities are essential to
            flood warning, flood control, or water reservoir operation
            activities.
                (9) Water rights.--
                        (A) Statutory construction.--Nothing in this
                    section--
                              (i) shall constitute or be construed to
                          constitute either an express or implied
                          reservation by the United States of any water or
                          water rights with respect to the land designated
                          as wilderness by subsection (a)(1);
                              (ii) shall affect any water rights in the
                          State existing on the date of enactment of this
                          Act, including any water rights held by the United
                          States;
                              (iii) shall be construed as establishing a
                          precedent with regard to any future wilderness
                          designations;
                              (iv) shall affect the interpretation of, or
                          any designation made pursuant to, any other Act;
                          or
                              (v) shall be construed as limiting, altering,
                          modifying, or amending any of the interstate
                          compacts or equitable apportionment decrees that
                          apportion water among and between the State and
                          other States.
                        (B) State water law.--The Secretary shall follow the
                    procedural and substantive requirements of the law of
                    the State in order to obtain and hold any water rights
                    not in existence on the date of enactment of this Act
                    with respect to the wilderness areas designated by
                    subsection (a)(1).
                (10) Fish and wildlife.--
                        (A) Jurisdiction of state.--Nothing in this section
                    affects the jurisdiction of the State with respect to
                    fish and wildlife on public land located in the State.
                        (B) Authority of secretary.--In furtherance of the
                    purposes and principles of the Wilderness Act (16 U.S.C.
                    1131 et seq.), the Secretary may carry out management
                    activities to maintain or restore fish and wildlife
                    populations (including activities to maintain and
                    restore fish and wildlife habitats to support the
                    populations) in any wilderness area designated by
                    subsection (a)(1) if the activities are--
                              (i) consistent with applicable wilderness
                          management plans; and
                              (ii) carried out in accordance with--
                                        (I) the Wilderness Act (16 U.S.C.
                                    1131 et seq.); and

    [[Page 123 STAT. 1080]]

                                        (II) applicable guidelines and
                                    policies, including applicable policies
                                    described in Appendix B of House Report
                                    101-405.
                (11) Wildlife water development projects.--Subject to
            paragraph (12), the Secretary may authorize structures and
            facilities, including existing structures and facilities, for
            wildlife water development projects, including guzzlers, in the
            wilderness areas designated by subsection (a)(1) if--
                        (A) <<NOTE: Determination.>>  the structures and
                    facilities will, as determined by the Secretary, enhance
                    wilderness values by promoting healthy, viable, and more
                    naturally distributed wildlife populations; and
                        (B) the visual impacts of the structures and
                    facilities on the wilderness areas can reasonably be
                    minimized.
                (12) <<NOTE: Deadline.>>  Cooperative agreement.--Not later
            than 1 year after the date of enactment of this Act, the
            Secretary shall enter into a cooperative agreement with the
            State that specifies the terms and conditions under which
            wildlife management activities in the wilderness areas
            designated by subsection (a)(1) may be carried out.

        (c) Release of Wilderness Study Areas.--
                (1) Finding.--Congress finds that, for the purposes of
            section 603 of the Federal Land Policy and Management Act of
            1976 (43 U.S.C. 1782), the public land in the County
            administered by the Bureau of Land Management has been
            adequately studied for wilderness designation.
                (2) Release.--Any public land described in paragraph (1)
            that is not designated as wilderness by subsection (a)(1)--
                        (A) is no longer subject to section 603(c) of the
                    Federal Land Policy and Management Act of 1976 (43
                    U.S.C. 1782(c)); and
                        (B) shall be managed in accordance with applicable
                    law and the land management plans adopted under section
                    202 of that Act (43 U.S.C. 1712).

        (d) <<NOTE: 16 USC 346a-6.>>  Transfer of Administrative
    Jurisdiction to National Park Service.--Administrative jurisdiction over
    the land identified as the Watchman Wilderness on the Northeastern
    Washington County Wilderness Map is hereby transferred to the National
    Park Service, to be included in, and administered as part of Zion
    National Park.
    SEC. 1973. <<NOTE: 16 USC 1132 note.>>  ZION NATIONAL PARK
                              WILDERNESS.

        (a) Definitions.--In this section:
                (1) Federal land.--The term ``Federal land'' means certain
            Federal land--
                        (A) that is--
                              (i) located in the County and Iron County,
                          Utah; and
                              (ii) managed by the National Park Service;
                        (B) consisting of approximately 124,406 acres; and
                        (C) as generally depicted on the Zion National Park
                    Wilderness Map and the area added to the park under
                    section 1972(d).
                (2) Wilderness area.--The term ``Wilderness Area'' means the
            Zion Wilderness designated by subsection (b)(1).

    [[Page 123 STAT. 1081]]

                (3) Zion national park wilderness map.--The term ``Zion
            National Park Wilderness Map'' means the map entitled ``Zion
            National Park Wilderness'' and dated April 2008.

        (b) Zion National Park Wilderness.--
                (1) Designation.--Subject to valid existing rights, the
            Federal land is designated as wilderness and as a component of
            the National Wilderness Preservation System, to be known as the
            ``Zion Wilderness''.
                (2) Incorporation of acquired land.--Any land located in the
            Zion National Park that is acquired by the Secretary through a
            voluntary sale, exchange, or donation may, on the recommendation
            of the Secretary, become part of the Wilderness Area, in
            accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
                (3) Map and legal description.--
                        (A) In general.--As soon as practicable after the
                    date of enactment of this Act, the Secretary shall
                    submit to the Committee on Energy and Natural Resources
                    of the Senate and the Committee on Natural Resources of
                    the House of Representatives a map and legal description
                    of the Wilderness Area.
                        (B) Force and effect.--The map and legal description
                    submitted under subparagraph (A) shall have the same
                    force and effect as if included in this Act, except that
                    the Secretary may correct any clerical or typographical
                    errors in the map or legal description.
                        (C) Availability.--The map and legal description
                    submitted under subparagraph (A) shall be available in
                    the appropriate offices of the National Park Service.
    SEC. 1974. <<NOTE: 16 USC 460www.>>  RED CLIFFS NATIONAL
                              CONSERVATION AREA.

        (a) Purposes.--The purposes of this section are--
                (1) to conserve, protect, and enhance for the benefit and
            enjoyment of present and future generations the ecological,
            scenic, wildlife, recreational, cultural, historical, natural,
            educational, and scientific resources of the National
            Conservation Area; and
                (2) to protect each species that is--
                        (A) located in the National Conservation Area; and
                        (B) listed as a threatened or endangered species on
                    the list of threatened species or the list of endangered
                    species published under section 4(c)(1) of the
                    Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)).

        (b) Definitions.--In this section:
                (1) Habitat conservation plan.--The term ``habitat
            conservation plan'' means the conservation plan entitled
            ``Washington County Habitat Conservation Plan'' and dated
            February 23, 1996.
                (2) Management plan.--The term ``management plan'' means the
            management plan for the National Conservation Area developed by
            the Secretary under subsection (d)(1).
                (3) National conservation area.--The term ``National
            Conservation Area'' means the Red Cliffs National Conservation
            Area that--
                        (A) consists of approximately 44,725 acres of public
                    land in the County, as generally depicted on the Red
                    Cliffs National Conservation Area Map; and

    [[Page 123 STAT. 1082]]

                        (B) is established by subsection (c).
                (4) Public use plan.--The term ``public use plan'' means the
            use plan entitled ``Red Cliffs Desert Reserve Public Use Plan''
            and dated June 12, 2000, as amended.
                (5) Resource management plan.--The term ``resource
            management plan'' means the management plan entitled ``St.
            George Field Office Resource Management Plan'' and dated March
            15, 1999, as amended.

        (c) Establishment.--Subject to valid existing rights, there is
    established in the State the Red Cliffs National Conservation Area.
        (d) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date of enactment of this Act and in accordance with
            paragraph (2), the Secretary shall develop a comprehensive plan
            for the long-term management of the National Conservation Area.
                (2) Consultation.--In developing the management plan
            required under paragraph (1), the Secretary shall consult with--
                        (A) appropriate State, tribal, and local
                    governmental entities; and
                        (B) members of the public.
                (3) Incorporation of plans.--In developing the management
            plan required under paragraph (1), to the extent consistent with
            this section, the Secretary may incorporate any provision of--
                        (A) the habitat conservation plan;
                        (B) the resource management plan; and
                        (C) the public use plan.

        (e) Management.--
                (1) In general.--The Secretary shall manage the National
            Conservation Area--
                        (A) in a manner that conserves, protects, and
                    enhances the resources of the National Conservation
                    Area; and
                        (B) in accordance with--
                              (i) the Federal Land Policy and Management Act
                          of 1976 (43 U.S.C. 1701 et seq.);
                              (ii) this section; and
                              (iii) any other applicable law (including
                          regulations).
                (2) Uses.--The Secretary shall only allow uses of the
            National Conservation Area that the Secretary determines would
            further a purpose described in subsection (a).
                (3) Motorized vehicles.--Except in cases in which motorized
            vehicles are needed for administrative purposes, or to respond
            to an emergency, the use of motorized vehicles in the National
            Conservation Area shall be permitted only on roads designated by
            the management plan for the use of motorized vehicles.
                (4) Grazing.--The grazing of livestock in the National
            Conservation Area, where established before the date of
            enactment of this Act, shall be permitted to continue--
                        (A) subject to--
                              (i) such reasonable regulations, policies, and
                          practices as the Secretary considers necessary;
                          and
                              (ii) applicable law; and
                        (B) in a manner consistent with the purposes
                    described in subsection (a).

    [[Page 123 STAT. 1083]]

                (5) Wildland fire operations.--Nothing in this section
            prohibits the Secretary, in cooperation with other Federal,
            State, and local agencies, as appropriate, from conducting
            wildland fire operations in the National Conservation Area,
            consistent with the purposes of this section.

        (f) Incorporation of Acquired Land and Interests.--Any land or
    interest in land that is located in the National Conservation Area that
    is acquired by the United States shall--
                (1) become part of the National Conservation Area; and
                (2) be managed in accordance with--
                        (A) the Federal Land Policy and Management Act of
                    1976 (43 U.S.C. 1701 et seq.);
                        (B) this section; and
                        (C) any other applicable law (including
                    regulations).

        (g) Withdrawal.--
                (1) In general.--Subject to valid existing rights, all
            Federal land located in the National Conservation Area are
            withdrawn from--
                        (A) all forms of entry, appropriation, and disposal
                    under the public land laws;
                        (B) location, entry, and patenting under the mining
                    laws; and
                        (C) operation of the mineral leasing, mineral
                    materials, and geothermal leasing laws.
                (2) Additional land.--If the Secretary acquires additional
            land that is located in the National Conservation Area after the
            date of enactment of this Act, the land is withdrawn from
            operation of the laws referred to in paragraph (1) on the date
            of acquisition of the land.

        (h) Effect.--Nothing in this section prohibits the authorization of
    the development of utilities within the National Conservation Area if
    the development is carried out in accordance with--
                (1) each utility development protocol described in the
            habitat conservation plan; and
                (2) any other applicable law (including regulations).
    SEC. 1975. <<NOTE: 16 USC 460xxx.>>  BEAVER DAM WASH NATIONAL
                              CONSERVATION AREA.

        (a) Purpose.--The purpose of this section is to conserve, protect,
    and enhance for the benefit and enjoyment of present and future
    generations the ecological, scenic, wildlife, recreational, cultural,
    historical, natural, educational, and scientific resources of the Beaver
    Dam Wash National Conservation Area.
        (b) Definitions.--In this section:
                (1) Management plan.--The term ``management plan'' means the
            management plan for the National Conservation Area developed by
            the Secretary under subsection (d)(1).
                (2) National conservation area.--The term ``National
            Conservation Area'' means the Beaver Dam Wash National
            Conservation Area that--
                        (A) consists of approximately 68,083 acres of public
                    land in the County, as generally depicted on the Beaver
                    Dam Wash National Conservation Area Map; and
                        (B) is established by subsection (c).

        (c) Establishment.--Subject to valid existing rights, there is
    established in the State the Beaver Dam Wash National Conservation Area.
        (d) Management Plan.--

    [[Page 123 STAT. 1084]]

                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date of enactment of this Act and in accordance with
            paragraph (2), the Secretary shall develop a comprehensive plan
            for the long-term management of the National Conservation Area.
                (2) Consultation.--In developing the management plan
            required under paragraph (1), the Secretary shall consult with--
                        (A) appropriate State, tribal, and local
                    governmental entities; and
                        (B) members of the public.
                (3) Motorized vehicles.--In developing the management plan
            required under paragraph (1), the Secretary shall incorporate
            the restrictions on motorized vehicles described in subsection
            (e)(3).

        (e) Management.--
                (1) In general.--The Secretary shall manage the National
            Conservation Area--
                        (A) in a manner that conserves, protects, and
                    enhances the resources of the National Conservation
                    Area; and
                        (B) in accordance with--
                              (i) the Federal Land Policy and Management Act
                          of 1976 (43 U.S.C. 1701 et seq.);
                              (ii) this section; and
                              (iii) any other applicable law (including
                          regulations).
                (2) Uses.--The Secretary shall only allow uses of the
            National Conservation Area that the Secretary determines would
            further the purpose described in subsection (a).
                (3) Motorized vehicles.--
                        (A) In general.--Except in cases in which motorized
                    vehicles are needed for administrative purposes, or to
                    respond to an emergency, the use of motorized vehicles
                    in the National Conservation Area shall be permitted
                    only on roads designated by the management plan for the
                    use of motorized vehicles.
                        (B) Additional requirement relating to certain areas
                    located in the national conservation area.--In addition
                    to the requirement described in subparagraph (A), with
                    respect to the areas designated on the Beaver Dam Wash
                    National Conservation Area Map as ``Designated Road
                    Areas'', motorized vehicles shall be permitted only on
                    the roads identified on such map.
                (4) Grazing.--The grazing of livestock in the National
            Conservation Area, where established before the date of
            enactment of this Act, shall be permitted to continue--
                        (A) subject to--
                              (i) such reasonable regulations, policies, and
                          practices as the Secretary considers necessary;
                          and
                              (ii) applicable law (including regulations);
                          and
                        (B) in a manner consistent with the purpose
                    described in subsection (a).
                (5) Wildland fire operations.--Nothing in this section
            prohibits the Secretary, in cooperation with other Federal,
            State, and local agencies, as appropriate, from conducting
            wildland fire operations in the National Conservation Area,
            consistent with the purposes of this section.

    [[Page 123 STAT. 1085]]

        (f) Incorporation of Acquired Land and Interests.--Any land or
    interest in land that is located in the National Conservation Area that
    is acquired by the United States shall--
                (1) become part of the National Conservation Area; and
                (2) be managed in accordance with--
                        (A) the Federal Land Policy and Management Act of
                    1976 (43 U.S.C. 1701 et seq.);
                        (B) this section; and
                        (C) any other applicable law (including
                    regulations).

        (g) Withdrawal.--
                (1) In general.--Subject to valid existing rights, all
            Federal land located in the National Conservation Area is
            withdrawn from--
                        (A) all forms of entry, appropriation, and disposal
                    under the public land laws;
                        (B) location, entry, and patenting under the mining
                    laws; and
                        (C) operation of the mineral leasing, mineral
                    materials, and geothermal leasing laws.
                (2) Additional land.--If the Secretary acquires additional
            land that is located in the National Conservation Area after the
            date of enactment of this Act, the land is withdrawn from
            operation of the laws referred to in paragraph (1) on the date
            of acquisition of the land.
    SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER DESIGNATION.

        (a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16
    U.S.C. 1274(a)) (as amended by section 1852) is amended by adding at the
    end the following:
                ``(204) Zion national park, utah.--The approximately 165.5
            miles of segments of the Virgin River and tributaries of the
            Virgin River across Federal land within and adjacent to Zion
            National Park, as generally depicted on the map entitled `Wild
            and Scenic River Segments Zion National Park and Bureau of Land
            Management' and dated April 2008, to be administered by the
            Secretary of the Interior in the following classifications:
                        ``(A) Taylor creek.--The 4.5-mile segment from the
                    junction of the north, middle, and south forks of Taylor
                    Creek, west to the park boundary and adjacent land rim-
                    to-rim, as a scenic river.
                        ``(B) North fork of taylor creek.--The segment from
                    the head of North Fork to the junction with Taylor Creek
                    and adjacent land rim-to-rim, as a wild river.
                        ``(C) Middle fork of taylor creek.--The segment from
                    the head of Middle Fork on Bureau of Land Management
                    land to the junction with Taylor Creek and adjacent land
                    rim-to-rim, as a wild river.
                        ``(D) South fork of taylor creek.--The segment from
                    the head of South Fork to the junction with Taylor Creek
                    and adjacent land rim-to-rim, as a wild river.
                        ``(E) Timber creek and tributaries.--The 3.1-mile
                    segment from the head of Timber Creek and tributaries of
                    Timber Creek to the junction with LaVerkin Creek and
                    adjacent land rim-to-rim, as a wild river.

    [[Page 123 STAT. 1086]]

                        ``(F) Laverkin creek.--The 16.1-mile segment
                    beginning in T. 38 S., R. 11 W., sec. 21, on Bureau of
                    Land Management land, southwest through Zion National
                    Park, and ending at the south end of T. 40 S., R. 12 W.,
                    sec. 7, and adjacent land \1/2\-mile wide, as a wild
                    river.
                        ``(G) Willis creek.--The 1.9-mile segment beginning
                    on Bureau of Land Management land in the SWSW sec. 27,
                    T. 38 S., R. 11 W., to the junction with LaVerkin Creek
                    in Zion National Park and adjacent land rim-to-rim, as a
                    wild river.
                        ``(H) Beartrap canyon.--The 2.3-mile segment
                    beginning on Bureau of Management land in the SWNW sec.
                    3, T. 39 S., R. 11 W., to the junction with LaVerkin
                    Creek and the segment from the headwaters north of Long
                    Point to the junction with LaVerkin Creek and adjacent
                    land rim-to-rim, as a wild river.
                        ``(I) Hop valley creek.--The 3.3-mile segment
                    beginning at the southern boundary of T. 39 S., R. 11
                    W., sec. 20, to the junction with LaVerkin Creek and
                    adjacent land \1/2\-mile wide, as a wild river.
                        ``(J) Current creek.--The 1.4-mile segment from the
                    head of Current Creek to the junction with LaVerkin
                    Creek and adjacent land rim-to-rim, as a wild river.
                        ``(K) Cane creek.--The 0.6-mile segment from the
                    head of Smith Creek to the junction with LaVerkin Creek
                    and adjacent land \1/2\-mile wide, as a wild river.
                        ``(L) Smith creek.--The 1.3-mile segment from the
                    head of Smith Creek to the junction with LaVerkin Creek
                    and adjacent land \1/2\-mile wide, as a wild river.
                        ``(M) North creek left and right forks.--The segment
                    of the Left Fork from the junction with Wildcat Canyon
                    to the junction with Right Fork, from the head of Right
                    Fork to the junction with Left Fork, and from the
                    junction of the Left and Right Forks southwest to Zion
                    National Park boundary and adjacent land rim-to-rim, as
                    a wild river.
                        ``(N) Wildcat canyon (blue creek).--The segment of
                    Blue Creek from the Zion National Park boundary to the
                    junction with the Right Fork of North Creek and adjacent
                    land rim-to-rim, as a wild river.
                        ``(O) Little creek.--The segment beginning at the
                    head of Little Creek to the junction with the Left Fork
                    of North Creek and adjacent land \1/2\-mile wide, as a
                    wild river.
                        ``(P) Russell gulch.--The segment from the head of
                    Russell Gulch to the junction with the Left Fork of
                    North Creek and adjacent land rim-to-rim, as a wild
                    river.
                        ``(Q) Grapevine wash.--The 2.6-mile segment from the
                    Lower Kolob Plateau to the junction with the Left Fork
                    of North Creek and adjacent land rim-to-rim, as a scenic
                    river.
                        ``(R) Pine spring wash.--The 4.6-mile segment to the
                    junction with the left fork of North Creek and adjacent
                    land \1/2\-mile, as a scenic river.
                        ``(S) Wolf springs wash.--The 1.4-mile segment from
                    the head of Wolf Springs Wash to the junction with Pine

    [[Page 123 STAT. 1087]]

                    Spring Wash and adjacent land \1/2\-mile wide, as a
                    scenic river.
                        ``(T) Kolob creek.--The 5.9-mile segment of Kolob
                    Creek beginning in T. 39 S., R. 10 W., sec. 30, through
                    Bureau of Land Management land and Zion National Park
                    land to the junction with the North Fork of the Virgin
                    River and adjacent land rim-to-rim, as a wild river.
                        ``(U) Oak creek.--The 1-mile stretch of Oak Creek
                    beginning in T. 39 S., R. 10 W., sec. 19, to the
                    junction with Kolob Creek and adjacent land rim-to-rim,
                    as a wild river.
                        ``(V) Goose creek.--The 4.6-mile segment of Goose
                    Creek from the head of Goose Creek to the junction with
                    the North Fork of the Virgin River and adjacent land
                    rim-to-rim, as a wild river.
                        ``(W) Deep creek.--The 5.3-mile segment of Deep
                    Creek beginning on Bureau of Land Management land at the
                    northern boundary of T. 39 S., R. 10 W., sec. 23, south
                    to the junction of the North Fork of the Virgin River
                    and adjacent land rim-to-rim, as a wild river.
                        ``(X) North fork of the virgin river.--The 10.8-mile
                    segment of the North Fork of the Virgin River beginning
                    on Bureau of Land Management land at the eastern border
                    of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava
                    and adjacent land rim-to-rim, as a wild river.
                        ``(Y) North fork of the virgin river.--The 8-mile
                    segment of the North Fork of the Virgin River from
                    Temple of Sinawava south to the Zion National Park
                    boundary and adjacent land \1/2\-mile wide, as a
                    recreational river.
                        ``(Z) Imlay canyon.--The segment from the head of
                    Imlay Creek to the junction with the North Fork of the
                    Virgin River and adjacent land rim-to-rim, as a wild
                    river.
                        ``(AA) Orderville canyon.--The segment from the
                    eastern boundary of Zion National Park to the junction
                    with the North Fork of the Virgin River and adjacent
                    land rim-to-rim, as a wild river.
                        ``(BB) Mystery canyon.--The segment from the head of
                    Mystery Canyon to the junction with the North Fork of
                    the Virgin River and adjacent land rim-to-rim, as a wild
                    river.
                        ``(CC) Echo canyon.--The segment from the eastern
                    boundary of Zion National Park to the junction with the
                    North Fork of the Virgin River and adjacent land rim-to-
                    rim, as a wild river.
                        ``(DD) Behunin canyon.--The segment from the head of
                    Behunin Canyon to the junction with the North Fork of
                    the Virgin River and adjacent land rim-to-rim, as a wild
                    river.
                        ``(EE) Heaps canyon.--The segment from the head of
                    Heaps Canyon to the junction with the North Fork of the
                    Virgin River and adjacent land rim-to-rim, as a wild
                    river.
                        ``(FF) Birch creek.--The segment from the head of
                    Birch Creek to the junction with the North Fork of the
                    Virgin River and adjacent land \1/2\-mile wide, as a
                    wild river.

    [[Page 123 STAT. 1088]]

                        ``(GG) Oak creek.--The segment of Oak Creek from the
                    head of Oak Creek to where the forks join and adjacent
                    land \1/2\-mile wide, as a wild river.
                        ``(HH) Oak creek.--The 1-mile segment of Oak Creek
                    from the point at which the 2 forks of Oak Creek join to
                    the junction with the North Fork of the Virgin River and
                    adjacent land \1/2\-mile wide, as a recreational river.
                        ``(II) Clear creek.--The 6.4-mile segment of Clear
                    Creek from the eastern boundary of Zion National Park to
                    the junction with Pine Creek and adjacent land rim-to-
                    rim, as a recreational river.
                        ``(JJ) Pine creek .--The 2-mile segment of Pine
                    Creek from the head of Pine Creek to the junction with
                    Clear Creek and adjacent land rim-to-rim, as a wild
                    river.
                        ``(KK) Pine creek.--The 3-mile segment of Pine Creek
                    from the junction with Clear Creek to the junction with
                    the North Fork of the Virgin River and adjacent land
                    rim-to-rim, as a recreational river.
                        ``(LL) East fork of the virgin river.--The 8-mile
                    segment of the East Fork of the Virgin River from the
                    eastern boundary of Zion National Park through
                    Parunuweap Canyon to the western boundary of Zion
                    National Park and adjacent land \1/2\-mile wide, as a
                    wild river.
                        ``(MM) Shunes creek.--The 3-mile segment of Shunes
                    Creek from the dry waterfall on land administered by the
                    Bureau of Land Management through Zion National Park to
                    the western boundary of Zion National Park and adjacent
                    land \1/2\-mile wide as a wild river.''.

        (b) <<NOTE: 16 USC 1274 note.>>  Incorporation of Acquired Non-
    Federal Land.--If the United States acquires any non-Federal land within
    or adjacent to Zion National Park that includes a river segment that is
    contiguous to a river segment of the Virgin River designated as a wild,
    scenic, or recreational river by paragraph (204) of section 3(a) of the
    Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
    (a)), the acquired river segment shall be incorporated in, and be
    administered as part of, the applicable wild, scenic, or recreational
    river.

        (c) <<NOTE: 16 USC 1274 note.>>  Savings Clause.--The amendment made
    by subsection (a) does not affect the agreement among the United States,
    the State, the Washington County Water Conservancy District, and the
    Kane County Water Conservancy District entitled ``Zion National Park
    Water Rights Settlement Agreement'' and dated December 4, 1996.
    SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND
                              TRANSPORTATION MANAGEMENT PLAN.

        (a) Definitions.--In this section:
                (1) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (2) Secretary concerned.--The term ``Secretary concerned''
            means--
                        (A) with respect to land managed by the Bureau of
                    Land Management, the Secretary; and
                        (B) with respect to land managed by the Forest
                    Service, the Secretary of Agriculture.
                (3) Trail.--The term ``trail'' means the High Desert Off-
            Highway Vehicle Trail designated under subsection (c)(1)(A).

    [[Page 123 STAT. 1089]]

                (4) Travel management plan.--The term ``travel management
            plan'' means the comprehensive travel and transportation
            management plan developed under subsection (b)(1).

        (b) Comprehensive Travel and Transportation Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date of enactment of this Act, in accordance with the
            Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
            et seq.) and other applicable laws (including regulations), the
            Secretary, in consultation with appropriate Federal agencies and
            State, tribal, and local governmental entities, and after an
            opportunity for public comment, shall develop a comprehensive
            travel management plan for the land managed by the Bureau of
            Land Management in the County--
                        (A) to provide to the public a clearly marked
                    network of roads and trails with signs and maps to
                    promote--
                              (i) public safety and awareness; and
                              (ii) enhanced recreation and general access
                          opportunities;
                        (B) to help reduce in the County growing conflicts
                    arising from interactions between--
                              (i) motorized recreation; and
                              (ii) the important resource values of public
                          land;
                        (C) to promote citizen-based opportunities for--
                              (i) the monitoring and stewardship of the
                          trail; and
                              (ii) trail system management; and
                        (D) to support law enforcement officials in
                    promoting--
                              (i) compliance with off-highway vehicle laws
                          (including regulations); and
                              (ii) effective deterrents of abuses of public
                          land.
                (2) Scope; contents.--In developing the travel management
            plan, the Secretary shall--
                        (A) in consultation with appropriate Federal
                    agencies, State, tribal, and local governmental entities
                    (including the County and St. George City, Utah), and
                    the public, identify 1 or more alternatives for a
                    northern transportation route in the County;
                        (B) ensure that the travel management plan contains
                    a map that depicts the trail; and
                        (C) designate a system of areas, roads, and trails
                    for mechanical and motorized use.

        (c) Designation of Trail.--
                (1) Designation.--
                        (A) In general.--As a component of the travel
                    management plan, and in accordance with subparagraph
                    (B), the Secretary, in coordination with the Secretary
                    of Agriculture, and after an opportunity for public
                    comment, shall designate a trail (which may include a
                    system of trails)--
                              (i) for use by off-highway vehicles; and
                              (ii) to be known as the ``High Desert Off-
                          Highway Vehicle Trail''.
                        (B) Requirements.--In designating the trail, the
                    Secretary shall only include trails that are--
                              (i) as of the date of enactment of this Act,
                          authorized for use by off-highway vehicles; and

    [[Page 123 STAT. 1090]]

                              (ii) located on land that is managed by the
                          Bureau of Land Management in the County.
                        (C) National forest land.--The Secretary of
                    Agriculture, in coordination with the Secretary and in
                    accordance with applicable law, may designate a portion
                    of the trail on National Forest System land within the
                    County.
                        (D) Map.--A map that depicts the trail shall be on
                    file and available for public inspection in the
                    appropriate offices of--
                              (i) the Bureau of Land Management; and
                              (ii) the Forest Service.
                (2) Management.--
                        (A) In general.--The Secretary concerned shall
                    manage the trail--
                              (i) in accordance with applicable laws
                          (including regulations);
                              (ii) to ensure the safety of citizens who use
                          the trail; and
                              (iii) in a manner by which to minimize any
                          damage to sensitive habitat or cultural resources.
                        (B) <<NOTE: Deadlines. Assessments.>>  Monitoring;
                    evaluation.--To minimize the impacts of the use of the
                    trail on environmental and cultural resources, the
                    Secretary concerned shall--
                              (i) annually assess the effects of the use of
                          off-highway vehicles on--
                                        (I) the trail; and
                                        (II) land located in proximity to
                                    the trail; and
                              (ii) in consultation with the Utah Department
                          of Natural Resources, annually assess the effects
                          of the use of the trail on wildlife and wildlife
                          habitat.
                        (C) Closure.--The Secretary concerned, in
                    consultation with the State and the County, and subject
                    to subparagraph (D), may temporarily close or
                    permanently reroute a portion of the trail if the
                    Secretary concerned determines that--
                              (i) the trail is having an adverse impact on--
                                        (I) wildlife habitats;
                                        (II) natural resources;
                                        (III) cultural resources; or
                                        (IV) traditional uses;
                              (ii) the trail threatens public safety; or
                              (iii) closure of the trail is necessary--
                                        (I) to repair damage to the trail;
                                    or
                                        (II) to repair resource damage.
                        (D) Rerouting.--Any portion of the trail that is
                    temporarily closed by the Secretary concerned under
                    subparagraph (C) may be permanently rerouted along any
                    road or trail--
                              (i) that is--
                                        (I) in existence as of the date of
                                    the closure of the portion of the trail;
                                        (II) located on public land; and
                                        (III) open to motorized use; and
                              (ii) if the Secretary concerned determines
                          that rerouting the portion of the trail would not
                          significantly increase or decrease the length of
                          the trail.

    [[Page 123 STAT. 1091]]

                        (E) Notice of available routes.--The Secretary, in
                    coordination with the Secretary of Agriculture, shall
                    ensure that visitors to the trail have access to
                    adequate notice relating to the availability of trail
                    routes through--
                              (i) the placement of appropriate signage along
                          the trail; and
                              (ii) the distribution of maps, safety
                          education materials, and other information that
                          the Secretary concerned determines to be
                          appropriate.
                (3) Effect.--Nothing in this section affects the ownership,
            management, or other rights relating to any non-Federal land
            (including any interest in any non-Federal land).
    SEC. 1978. LAND DISPOSAL AND ACQUISITION.

        (a) In General.--Consistent with applicable law, the Secretary of
    the Interior may sell public land located within Washington County,
    Utah, that, as of July 25, 2000, has been identified for disposal in
    appropriate resource management plans.
        (b) Use of Proceeds.--
                (1) In general.--Notwithstanding any other provision of law
            (other than a law that specifically provides for a portion of
            the proceeds of a land sale to be distributed to any trust fund
            of the State), proceeds from the sale of public land under
            subsection (a) shall be deposited in a separate account in the
            Treasury to be known as the ``Washington County, Utah Land
            Acquisition Account''.
                (2) Availability.--
                        (A) In general.--Amounts in the account shall be
                    available to the Secretary, without further
                    appropriation, to purchase from willing sellers lands or
                    interests in land within the wilderness areas and
                    National Conservation Areas established by this
                    subtitle.
                        (B) Applicability.--Any purchase of land or interest
                    in land under subparagraph (A) shall be in accordance
                    with applicable law.
    SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS.

        (a) In General.--In accordance with applicable Federal laws
    (including regulations), the Secretary of the Interior shall--
                (1) identify areas located in the County where biological
            conservation is a priority; and
                (2) undertake activities to conserve and restore plant and
            animal species and natural communities within such areas.

        (b) Grants; Cooperative Agreements.--In carrying out subsection (a),
    the Secretary of the Interior may make grants to, or enter into
    cooperative agreements with, State, tribal, and local governmental
    entities and private entities to conduct research, develop scientific
    analyses, and carry out any other initiative relating to the restoration
    or conservation of the areas.
    SEC. 1980. PUBLIC PURPOSE CONVEYANCES.

        (a) In General.--Notwithstanding the land use planning requirements
    of sections 202 and 203 of the Federal Land Policy and Management Act of
    1976 (43 U.S.C. 1712, 1713), upon the request of the appropriate local
    governmental entity, as described below, the Secretary shall convey the
    following parcels of public land without consideration, subject to the
    provisions of this section:

    [[Page 123 STAT. 1092]]

                (1) Temple quarry.--The approximately 122-acre parcel known
            as ``Temple Quarry'' as generally depicted on the Washington
            County Growth and Conservation Act Map as ``Parcel B'', to the
            City of St. George, Utah, for open space and public recreation
            purposes.
                (2) Hurricane city sports park.--The approximately 41-acre
            parcel as generally depicted on the Washington County Growth and
            Conservation Act Map as ``Parcel C'', to the City of Hurricane,
            Utah, for public recreation purposes and public administrative
            offices.
                (3) Washington county school district.--The approximately
            70-acre parcel as generally depicted on the Washington County
            Growth and Conservation Act Map as ``Parcel D'', to the
            Washington County Public School District for use for public
            school and related educational and administrative purposes.
                (4) Washington county jail.--The approximately 80-acre
            parcel as generally depicted on the Washington County Growth and
            Conservation Act Map as ``Parcel E'', to Washington County,
            Utah, for expansion of the Purgatory Correctional Facility.
                (5) Hurricane equestrian park.--The approximately 40-acre
            parcel as generally depicted on the Washington County Growth and
            Conservation Act Map as ``Parcel F'', to the City of Hurricane,
            Utah, for use as a public equestrian park.

        (b) Map and Legal Descriptions.--As soon as practicable after the
    date of enactment of this Act, the Secretary shall finalize legal
    descriptions of the parcels to be conveyed under this section. The
    Secretary may correct any minor errors in the map referenced in
    subsection (a) or in the applicable legal descriptions. The map and
    legal descriptions shall be on file and available for public inspection
    in the appropriate offices of the Bureau of Land Management.
        (c) Reversion.--
                (1) In general.--If any parcel conveyed under this section
            ceases to be used for the public purpose for which the parcel
            was conveyed, as described in subsection (a), the land shall, at
            the discretion of the Secretary based on his determination of
            the best interests of the United States, revert to the United
            States.
                (2) Responsibility of local governmental entity.--If the
            Secretary determines pursuant to paragraph (1) that the land
            should revert to the United States, and if the Secretary
            determines that the land is contaminated with hazardous waste,
            the local governmental entity to which the land was conveyed
            shall be responsible for remediation of the contamination.
    SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND.

        (a) Definitions.--In this section:
                (1) Covered federal land.--The term ``covered Federal land''
            means the approximately 66.07 acres of land in the Dixie
            National Forest in the State, as depicted on the map.
                (2) Landowner.--The term ``landowner'' means Kirk R.
            Harrison, who owns land in Pinto Valley, Utah.
                (3) Map.--The term ``map'' means the map entitled
            ``Conveyance of Dixie National Forest Land'' and dated December
            18, 2008.

    [[Page 123 STAT. 1093]]

                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.

        (b) Conveyance.--
                (1) In general.--The Secretary may convey to the landowner
            all right, title, and interest of the United States in and to
            any of the covered Federal land (including any improvements or
            appurtenances to the covered Federal land) by sale or exchange.
                (2) Legal description.--The exact acreage and legal
            description of the covered Federal land to be conveyed under
            paragraph (1) shall be determined by surveys satisfactory to the
            Secretary.
                (3) Consideration.--
                        (A) In general.--As consideration for any conveyance
                    by sale under paragraph (1), the landowner shall pay to
                    the Secretary an amount equal to the fair market value
                    of any Federal land conveyed, as determined under
                    subparagraph (B).
                        (B) Appraisal.--The fair market value of any Federal
                    land that is conveyed under paragraph (1) shall be
                    determined by an appraisal acceptable to the Secretary
                    that is performed in accordance with--
                              (i) the Uniform Appraisal Standards for
                          Federal Land Acquisitions;
                              (ii) the Uniform Standards of Professional
                          Appraisal Practice; and
                              (iii) any other applicable law (including
                          regulations).
                (4) Disposition and use of proceeds.--
                        (A) Disposition of proceeds.--The Secretary shall
                    deposit the proceeds of any sale of land under paragraph
                    (1) in the fund established under Public Law 90-171
                    (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
                        (B) Use of proceeds.--Amounts deposited under
                    subparagraph (A) shall be available to the Secretary,
                    without further appropriation and until expended, for
                    the acquisition of real property or interests in real
                    property for inclusion in the Dixie National Forest in
                    the State.
                (5) Additional terms and conditions.--The Secretary may
            require any additional terms and conditions for any conveyance
            under paragraph (1) that the Secretary determines to be
            appropriate to protect the interests of the United States.
    SEC. 1982. <<NOTE: 25 USC 766 note.>>  TRANSFER OF LAND INTO TRUST
                              FOR SHIVWITS BAND OF PAIUTE INDIANS.

        (a) Definitions.--In this section:
                (1) Parcel a.--The term ``Parcel A'' means the parcel that
            consists of approximately 640 acres of land that is--
                        (A) managed by the Bureau of Land Management;
                        (B) located in Washington County, Utah; and
                        (C) depicted on the map entitled ``Washington County
                    Growth and Conservation Act Map''.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (3) Tribe.--The term ``Tribe'' means the Shivwits Band of
            Paiute Indians of the State of Utah.

        (b) Parcel To Be Held in Trust.--

    [[Page 123 STAT. 1094]]

                (1) In general.--At the request of the Tribe, the Secretary
            shall take into trust for the benefit of the Tribe all right,
            title, and interest of the United States in and to Parcel A.
                (2) Survey; legal description.--
                        (A) <<NOTE: Deadline.>>  Survey.--Not later than 180
                    days after the date of enactment of this Act, the
                    Secretary, acting through the Director of the Bureau of
                    Land Management, shall complete a survey of Parcel A to
                    establish the boundary of Parcel A.
                        (B) Legal description of parcel a.--
                              (i) <<NOTE: Federal Register, publication.>>
                          In general.--Upon the completion of the survey
                          under subparagraph (A), the Secretary shall
                          publish in the Federal Register a legal
                          description of--
                                        (I) the boundary line of Parcel A;
                                    and
                                        (II) Parcel A.
                              (ii) Technical corrections.--Before the date
                          of publication of the legal descriptions under
                          clause (i), the Secretary may make minor
                          corrections to correct technical and clerical
                          errors in the legal descriptions.
                              (iii) <<NOTE: Effective date.>>  Effect.--
                          Effective beginning on the date of publication of
                          the legal descriptions under clause (i), the legal
                          descriptions shall be considered to be the
                          official legal descriptions of Parcel A.
                (3) Effect.--Nothing in this section--
                        (A) affects any valid right in existence on the date
                    of enactment of this Act;
                        (B) enlarges, impairs, or otherwise affects any
                    right or claim of the Tribe to any land or interest in
                    land other than to Parcel A that is--
                              (i) based on an aboriginal or Indian title;
                          and
                              (ii) in existence as of the date of enactment
                          of this Act; or
                        (C) constitutes an express or implied reservation of
                    water or a water right with respect to Parcel A.
                (4) Land to be made a part of the reservation.--Land taken
            into trust pursuant to this section shall be considered to be
            part of the reservation of the Tribe.
    SEC. 1983. AUTHORIZATION OF APPROPRIATIONS.

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

               TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

               Subtitle A--National Landscape Conservation System

    SEC. 2001. <<NOTE: 16 USC 7201.>>  DEFINITIONS.

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

    [[Page 123 STAT. 1095]]

    SEC. 2002. <<NOTE: 16 USC 7202.>>  ESTABLISHMENT OF THE NATIONAL
                              LANDSCAPE CONSERVATION SYSTEM.

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

        (c) Management.--The Secretary shall manage the system--
                (1) in accordance with any applicable law (including
            regulations) relating to any component of the system included
            under subsection (b); and
                (2) in a manner that protects the values for which the
            components of the system were designated.

        (d) Effect.--
                (1) In general.--Nothing in this subtitle enhances,
            diminishes, or modifies any law or proclamation (including
            regulations relating to the law or proclamation) under which the
            components of the system described in subsection (b) were
            established or are managed, including--
                        (A) the Alaska National Interest Lands Conservation
                    Act (16 U.S.C. 3101 et seq.);
                        (B) the Wilderness Act (16 U.S.C. 1131 et seq.);
                        (C) the Wild and Scenic Rivers Act (16 U.S.C. 1271
                    et seq.);
                        (D) the National Trails System Act (16 U.S.C. 1241
                    et seq.); and
                        (E) the Federal Land Policy and Management Act of
                    1976 (43 U.S.C. 1701 et seq.).
                (2) Fish and wildlife.--Nothing in this subtitle shall be
            construed as affecting the authority, jurisdiction, or
            responsibility of the several States to manage, control, or
            regulate fish and resident wildlife under State law or
            regulations, including the regulation of hunting, fishing,
            trapping and recreational shooting on public land managed by the
            Bureau of

    [[Page 123 STAT. 1096]]

            Land Management. Nothing in this subtitle shall be construed as
            limiting access for hunting, fishing, trapping, or recreational
            shooting.
    SEC. 2003. <<NOTE: 16 USC 7203.>>  AUTHORIZATION OF
                              APPROPRIATIONS.

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

        Subtitle B--Prehistoric <<NOTE: New Mexico. 16 USC 431 note.>>
    Trackways National Monument
    SEC. 2101. FINDINGS.

        Congress finds that--
                (1) in 1987, a major deposit of Paleozoic Era fossilized
            footprint megatrackways was discovered in the Robledo Mountains
            in southern New Mexico;
                (2) the trackways contain footprints of numerous amphibians,
            reptiles, and insects (including previously unknown species),
            plants, and petrified wood dating back approximately 280,000,000
            years, which collectively provide new opportunities to
            understand animal behaviors and environments from a time
            predating the dinosaurs;
                (3) title III of Public Law 101-578 (104 Stat. 2860)--
                        (A) provided interim protection for the site at
                    which the trackways were discovered; and
                        (B) directed the Secretary of the Interior to--
                              (i) prepare a study assessing the significance
                          of the site; and
                              (ii) based on the study, provide
                          recommendations for protection of the
                          paleontological resources at the site;
                (4) the Bureau of Land Management completed the Paleozoic
            Trackways Scientific Study Report in 1994, which characterized
            the site as containing ``the most scientifically significant
            Early Permian tracksites'' in the world;
                (5) despite the conclusion of the study and the
            recommendations for protection, the site remains unprotected and
            many irreplaceable trackways specimens have been lost to
            vandalism or theft; and
                (6) designation of the trackways site as a National Monument
            would protect the unique fossil resources for present and future
            generations while allowing for public education and continued
            scientific research opportunities.
    SEC. 2102. DEFINITIONS.

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

    [[Page 123 STAT. 1097]]

    SEC. 2103. ESTABLISHMENT.

        (a) <<NOTE: New Mexico.>>  In General.--In order to conserve,
    protect, and enhance the unique and nationally important
    paleontological, scientific, educational, scenic, and recreational
    resources and values of the public land described in subsection (b),
    there is established the Prehistoric Trackways National Monument in the
    State of New Mexico.

        (b) Description of Land.--The Monument shall consist of
    approximately 5,280 acres of public land in Dona Ana County, New Mexico,
    as generally depicted on the map entitled ``Prehistoric Trackways
    National Monument'' and dated December 17, 2008.
        (c) Map; Legal Description.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall prepare and submit to
            Congress an official map and legal description of the Monument.
                (2) Corrections.--The map and legal description submitted
            under paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            any clerical or typographical errors in the legal description
            and the map.
                (3) Conflict between map and legal description.--In the case
            of a conflict between the map and the legal description, the map
            shall control.
                (4) Availability of map and legal description.--Copies of
            the map and legal description shall be on file and available for
            public inspection in the appropriate offices of the Bureau of
            Land Management.

        (d) Minor Boundary Adjustments.--If additional paleontological
    resources are discovered on public land adjacent to the Monument after
    the date of enactment of this Act, the Secretary may make minor boundary
    adjustments to the Monument to include the resources in the Monument.
    SEC. 2104. ADMINISTRATION.

        (a) Management.--
                (1) In general.--The Secretary shall manage the Monument--
                        (A) in a manner that conserves, protects, and
                    enhances the resources and values of the Monument,
                    including the resources and values described in section
                    2103(a); and
                        (B) in accordance with--
                              (i) this subtitle;
                              (ii) the Federal Land Policy and Management
                          Act of 1976 (43 U.S.C. 1701 et seq.); and
                              (iii) other applicable laws.
                (2) National landscape conservation system.--The Monument
            shall be managed as a component of the National Landscape
            Conservation System.

        (b) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date of enactment of this Act, the Secretary shall
            develop a comprehensive management plan for the long-term
            protection and management of the Monument.
                (2) Components.--The management plan under paragraph (1)--
                        (A) shall--

    [[Page 123 STAT. 1098]]

                              (i) describe the appropriate uses and
                          management of the Monument, consistent with the
                          provisions of this subtitle; and
                              (ii) allow for continued scientific research
                          at the Monument during the development of the
                          management plan; and
                        (B) may--
                              (i) incorporate any appropriate decisions
                          contained in any current management or activity
                          plan for the land described in section 2103(b);
                          and
                              (ii) use information developed in studies of
                          any land within or adjacent to the Monument that
                          were conducted before the date of enactment of
                          this Act.

        (c) Authorized Uses.--The Secretary shall only allow uses of the
    Monument that the Secretary determines would further the purposes for
    which the Monument has been established.
        (d) Interpretation, Education, and Scientific Research.--
                (1) In general.--The Secretary shall provide for public
            interpretation of, and education and scientific research on, the
            paleontological resources of the Monument, with priority given
            to exhibiting and curating the resources in Dona Ana County, New
            Mexico.
                (2) Cooperative agreements.--The Secretary may enter into
            cooperative agreements with appropriate public entities to carry
            out paragraph (1).

        (e) Special Management Areas.--
                (1) In general.--The establishment of the Monument shall not
            change the management status of any area within the boundary of
            the Monument that is--
                        (A) designated as a wilderness study area and
                    managed in accordance with section 603(c) of the Federal
                    Land Policy and Management Act of 1976 (43 U.S.C.
                    1782(c)); or
                        (B) managed as an area of critical environment
                    concern.
                (2) Conflict of laws.--If there is a conflict between the
            laws applicable to the areas described in paragraph (1) and this
            subtitle, the more restrictive provision shall control.

        (f) Motorized Vehicles.--
                (1) In general.--Except as needed for administrative
            purposes or to respond to an emergency, the use of motorized
            vehicles in the Monument shall be allowed only on roads and
            trails designated for use by motorized vehicles under the
            management plan prepared under subsection (b).
                (2) Permitted events.--The Secretary may issue permits for
            special recreation events involving motorized vehicles within
            the boundaries of the Monument--
                        (A) to the extent the events do not harm
                    paleontological resources; and
                        (B) subject to any terms and conditions that the
                    Secretary determines to be necessary.

        (g) Withdrawals.--Subject to valid existing rights, any Federal land
    within the Monument and any land or interest in land that is acquired by
    the United States for inclusion in the Monument after the date of
    enactment of this Act are withdrawn from--
                (1) entry, appropriation, or disposal under the public land
            laws;

    [[Page 123 STAT. 1099]]

                (2) location, entry, and patent under the mining laws; and
                (3) operation of the mineral leasing laws, geothermal
            leasing laws, and minerals materials laws.

        (h) Grazing.--The Secretary may allow grazing to continue in any
    area of the Monument in which grazing is allowed before the date of
    enactment of this Act, subject to applicable laws (including
    regulations).
        (i) Water Rights.--Nothing in this subtitle constitutes an express
    or implied reservation by the United States of any water or water rights
    with respect to the Monument.
    SEC. 2105. AUTHORIZATION OF APPROPRIATIONS.

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

        Subtitle C--Fort <<NOTE: New Mexico.>>  Stanton-Snowy River Cave
    National Conservation Area
    SEC. 2201. <<NOTE: 16 USC 460yyy.>>  DEFINITIONS.

        In this subtitle:
                (1) Conservation area.--The term ``Conservation Area'' means
            the Fort Stanton-Snowy River Cave National Conservation Area
            established by section 2202(a).
                (2) Management plan.--The term ``management plan'' means the
            management plan developed for the Conservation Area under
            section 2203(c).
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Director of the Bureau of
            Land Management.
    SEC. 2202. <<NOTE: 16 USC 460yyy-1.>>  ESTABLISHMENT OF THE FORT
                              STANTON-SNOWY RIVER CAVE NATIONAL
                              CONSERVATION AREA.

        (a) Establishment; Purposes.--There is established the Fort Stanton-
    Snowy River Cave National Conservation Area in Lincoln County, New
    Mexico, to protect, conserve, and enhance the unique and nationally
    important historic, cultural, scientific, archaeological, natural, and
    educational subterranean cave resources of the Fort Stanton-Snowy River
    cave system.
        (b) Area Included.--The Conservation Area shall include the area
    within the boundaries depicted on the map entitled ``Fort Stanton-Snowy
    River Cave National Conservation Area'' and dated December 15, 2008.
        (c) Map and Legal Description.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall submit to Congress a
            map and legal description of the Conservation Area.
                (2) Effect.--The map and legal description of the
            Conservation Area shall have the same force and effect as if
            included in this subtitle, except that the Secretary may correct
            any minor errors in the map and legal description.
                (3) Public availability.--The map and legal description of
            the Conservation Area shall be available for public inspection
            in the appropriate offices of the Bureau of Land Management.

    [[Page 123 STAT. 1100]]

    SEC. 2203. <<NOTE: 16 USC 460yyy-2.>>  MANAGEMENT OF THE
                              CONSERVATION AREA.

        (a) Management.--
                (1) In general.--The Secretary shall manage the Conservation
            Area--
                        (A) in a manner that conserves, protects, and
                    enhances the resources and values of the Conservation
                    Area, including the resources and values described in
                    section 2202(a); and
                        (B) in accordance with--
                              (i) this subtitle;
                              (ii) the Federal Land Policy and Management
                          Act of 1976 (43 U.S.C. 1701 et seq.); and
                              (iii) any other applicable laws.
                (2) Uses.--The Secretary shall only allow uses of the
            Conservation Area that are consistent with the protection of the
            cave resources.
                (3) Requirements.--In administering the Conservation Area,
            the Secretary shall provide for--
                        (A) the conservation and protection of the natural
                    and unique features and environs for scientific,
                    educational, and other appropriate public uses of the
                    Conservation Area;
                        (B) public access, as appropriate, while providing
                    for the protection of the cave resources and for public
                    safety;
                        (C) the continuation of other existing uses or other
                    new uses of the Conservation Area that do not impair the
                    purposes for which the Conservation Area is established;
                        (D) management of the surface area of the
                    Conservation Area in accordance with the Fort Stanton
                    Area of Critical Environmental Concern Final Activity
                    Plan dated March, 2001, or any amendments to the plan,
                    consistent with this subtitle; and
                        (E) scientific investigation and research
                    opportunities within the Conservation Area, including
                    through partnerships with colleges, universities,
                    schools, scientific institutions, researchers, and
                    scientists to conduct research and provide educational
                    and interpretive services within the Conservation Area.

        (b) Withdrawals.--Subject to valid existing rights, all Federal
    surface and subsurface land within the Conservation Area and all land
    and interests in the land that are acquired by the United States after
    the date of enactment of this Act for inclusion in the Conservation
    Area, are withdrawn from--
                (1) all forms of entry, appropriation, or disposal under the
            general land laws;
                (2) location, entry, and patent under the mining laws; and
                (3) operation under the mineral leasing and geothermal
            leasing laws.

        (c) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years
            after the date of enactment of this Act, the Secretary shall
            develop a comprehensive plan for the long-term management of the
            Conservation Area.
                (2) Purposes.--The management plan shall--
                        (A) describe the appropriate uses and management of
                    the Conservation Area;

    [[Page 123 STAT. 1101]]

                        (B) incorporate, as appropriate, decisions contained
                    in any other management or activity plan for the land
                    within or adjacent to the Conservation Area;
                        (C) take into consideration any information
                    developed in studies of the land and resources within or
                    adjacent to the Conservation Area; and
                        (D) provide for a cooperative agreement with Lincoln
                    County, New Mexico, to address the historical
                    involvement of the local community in the interpretation
                    and protection of the resources of the Conservation
                    Area.

        (d) Research and Interpretive Facilities.--
                (1) In general.--The Secretary may establish facilities
            for--
                        (A) the conduct of scientific research; and
                        (B) the interpretation of the historical, cultural,
                    scientific, archaeological, natural, and educational
                    resources of the Conservation Area.
                (2) Cooperative agreements.--The Secretary may, in a manner
            consistent with this subtitle, enter into cooperative agreements
            with the State of New Mexico and other institutions and
            organizations to carry out the purposes of this subtitle.

        (e) Water Rights.--Nothing in this subtitle constitutes an express
    or implied reservation of any water right.
    SEC. 2204. <<NOTE: 16 USC 460yyy-3.>>  AUTHORIZATION OF
                              APPROPRIATIONS.

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

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

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

        (a) Renaming.--Public Law 103-64 is amended--
                (1) in section 2(2) (16 U.S.C. 460iii-1(2)), by inserting
            ``Morley Nelson'' before ``Snake River Birds of Prey National
            Conservation Area''; and
                (2) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
            inserting ``Morley Nelson'' before ``Snake River Birds of Prey
            National Conservation Area''.

        (b) <<NOTE: 16 USC 460iii note.>>  References.--Any reference in a
    law, map, regulation, document, paper, or other record of the United
    States to the Snake River Birds of Prey National Conservation Area shall
    be deemed to be a reference to the Morley Nelson Snake River Birds of
    Prey National Conservation Area.

        (c) Technical Corrections.--Public Law 103-64 is further amended--
                (1) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
            striking ``(hereafter referred to as the `conservation area')'';
            and
                (2) in section 4 (16 U.S.C. 460iii-3)--
                        (A) in subsection (a)(2), by striking ``Conservation
                    Area'' and inserting ``conservation area''; and
                        (B) in subsection (d), by striking ``Visitors
                    Center'' and inserting ``visitors center''.

    [[Page 123 STAT. 1102]]

           Subtitle E--Dominguez-Escalante National Conservation Area

    SEC. 2401. <<NOTE: 16 USC 460zzz.>>  DEFINITIONS.

        In this subtitle:
                (1) Conservation area.--The term ``Conservation Area'' means
            the Dominguez-Escalante National Conservation Area established
            by section 2402(a)(1).
                (2) Council.--The term ``Council'' means the Dominguez-
            Escalante National Conservation Area Advisory Council
            established under section 2407.
                (3) Management plan.--The term ``management plan'' means the
            management plan developed under section 2406.
                (4) Map.--The term ``Map'' means the map entitled
            ``Dominguez-Escalante National Conservation Area'' and dated
            September 15, 2008.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (6) State.--The term ``State'' means the State of Colorado.
                (7) Wilderness.--The term ``Wilderness'' means the Dominguez
            Canyon Wilderness Area designated by section 2403(a).
    SEC. 2402. <<NOTE: 16 USC 460zzz-1.>>  DOMINGUEZ-ESCALANTE
                              NATIONAL CONSERVATION AREA.

        (a) Establishment.--
                (1) In general.--There is established the Dominguez-
            Escalante National Conservation Area in the State.
                (2) Area included.--The Conservation Area shall consist of
            approximately 209,610 acres of public land, as generally
            depicted on the Map.

        (b) Purposes.--The purposes of the Conservation Area are to conserve
    and protect for the benefit and enjoyment of present and future
    generations--
                (1) the unique and important resources and values of the
            land, including the geological, cultural, archaeological,
            paleontological, natural, scientific, recreational, wilderness,
            wildlife, riparian, historical, educational, and scenic
            resources of the public land; and
                (2) the water resources of area streams, based on seasonally
            available flows, that are necessary to support aquatic,
            riparian, and terrestrial species and communities.

        (c) Management.--
                (1) In general.--The Secretary shall manage the Conservation
            Area--
                        (A) as a component of the National Landscape
                    Conservation System;
                        (B) in a manner that conserves, protects, and
                    enhances the resources and values of the Conservation
                    Area described in subsection (b); and
                        (C) in accordance with--
                              (i) the Federal Land Policy and Management Act
                          of 1976 (43 U.S.C. 1701 et seq.);
                              (ii) this subtitle; and
                              (iii) any other applicable laws.
                (2) Uses.--

    [[Page 123 STAT. 1103]]

                        (A) In general.--The Secretary shall allow only such
                    uses of the Conservation Area as the Secretary
                    determines would further the purposes for which the
                    Conservation Area is established.
                        (B) Use of motorized vehicles.--
                              (i) In general.--Except as provided in clauses
                          (ii) and (iii), use of motorized vehicles in the
                          Conservation Area shall be allowed--
                                        (I) before the effective date of the
                                    management plan, only on roads and
                                    trails designated for use of motor
                                    vehicles in the management plan that
                                    applies on the date of the enactment of
                                    this Act to the public land in the
                                    Conservation Area; and
                                        (II) after the effective date of the
                                    management plan, only on roads and
                                    trails designated in the management plan
                                    for the use of motor vehicles.
                              (ii) Administrative and emergency response
                          use.--Clause (i) shall not limit the use of motor
                          vehicles in the Conservation Area for
                          administrative purposes or to respond to an
                          emergency.
                              (iii) Limitation.--This subparagraph shall not
                          apply to the Wilderness.
    SEC. 2403. <<NOTE: 16 USC 460zzz-2. 16 USC 1132 note.>>  DOMINGUEZ
                              CANYON WILDERNESS AREA.

        (a) In General.--In accordance with the Wilderness Act (16 U.S.C.
    1131 et seq.), the approximately 66,280 acres of public land in Mesa,
    Montrose, and Delta Counties, Colorado, as generally depicted on the
    Map, is designated as wilderness and as a component of the National
    Wilderness Preservation System, to be known as the ``Dominguez Canyon
    Wilderness Area''.
        (b) Administration of Wilderness.--The Wilderness shall be managed
    by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
    et seq.) and this subtitle, except that--
                (1) any reference in the Wilderness Act to the effective
            date of that Act shall be considered to be a reference to the
            date of enactment of this Act; and
                (2) any reference in the Wilderness Act to the Secretary of
            Agriculture shall be considered to be a reference to the
            Secretary of the Interior.
    SEC. 2404. <<NOTE: 16 USC 460zzz-3.>>  MAPS AND LEGAL
                              DESCRIPTIONS.

        (a) In General.--As soon as practicable after the date of enactment
    of this Act, the Secretary shall file a map and a legal description of
    the Conservation Area and the Wilderness with--
                (1) the Committee on Energy and Natural Resources of the
            Senate; and
                (2) the Committee on Natural Resources of the House of
            Representatives.

        (b) Force and Effect.--The Map and legal descriptions filed under
    subsection (a) shall have the same force and effect as if included in
    this subtitle, except that the Secretary may correct clerical and
    typographical errors in the Map and legal descriptions.
        (c) Public Availability.--The Map and legal descriptions filed under
    subsection (a) shall be available for public inspection in the
    appropriate offices of the Bureau of Land Management.

    [[Page 123 STAT. 1104]]

    SEC. 2405. <<NOTE: 16 USC 460zzz-4.>>  MANAGEMENT OF CONSERVATION
                              AREA AND WILDERNESS.

        (a) Withdrawal.--Subject to valid existing rights, all Federal land
    within the Conservation Area and the Wilderness and all land and
    interests in land acquired by the United States within the Conservation
    Area or the Wilderness is withdrawn from--
                (1) all forms of entry, appropriation, or disposal under the
            public land laws;
                (2) location, entry, and patent under the mining laws; and
                (3) operation of the mineral leasing, mineral materials, and
            geothermal leasing laws.

        (b) Grazing.--
                (1) <<NOTE: Contracts. Permits.>>  Grazing in conservation
            area.--Except as provided in paragraph (2), the Secretary shall
            issue and administer any grazing leases or permits in the
            Conservation Area in accordance with the laws (including
            regulations) applicable to the issuance and administration of
            such leases and permits on other land under the jurisdiction of
            the Bureau of Land Management.
                (2) Grazing in wilderness.--The grazing of livestock in the
            Wilderness, if established as of the date of enactment of this
            Act, shall be permitted to continue--
                        (A) subject to any reasonable regulations, policies,
                    and practices that the Secretary determines to be
                    necessary; and
                        (B) in accordance with--
                              (i) section 4(d)(4) of the Wilderness Act (16
                          U.S.C. 1133(d)(4)); and
                              (ii) the guidelines set forth in Appendix A of
                          the report of the Committee on Interior and
                          Insular Affairs of the House of Representatives
                          accompanying H.R. 2570 of the 101st Congress (H.
                          Rept. 101-405).

        (c) No Buffer Zones.--
                (1) In general.--Nothing in this subtitle creates a
            protective perimeter or buffer zone around the Conservation
            Area.
                (2) Activities outside conservation area.--The fact that an
            activity or use on land outside the Conservation Area can be
            seen or heard within the Conservation Area shall not preclude
            the activity or use outside the boundary of the Conservation
            Area.

        (d) Acquisition of Land.--
                (1) In general.--The Secretary may acquire non-Federal land
            within the boundaries of the Conservation Area or the Wilderness
            only through exchange, donation, or purchase from a willing
            seller.
                (2) Management.--Land acquired under paragraph (1) shall--
                        (A) become part of the Conservation Area and, if
                    applicable, the Wilderness; and
                        (B) be managed in accordance with this subtitle and
                    any other applicable laws.

        (e) Fire, Insects, and Diseases.--Subject to such terms and
    conditions as the Secretary determines to be desirable and appropriate,
    the Secretary may undertake such measures as are necessary to control
    fire, insects, and diseases--
                (1) in the Wilderness, in accordance with section 4(d)(1) of
            the Wilderness Act (16 U.S.C. 1133(d)(1)); and

    [[Page 123 STAT. 1105]]

                (2) except as provided in paragraph (1), in the Conservation
            Area in accordance with this subtitle and any other applicable
            laws.

        (f) Access.--The Secretary shall continue to provide private
    landowners adequate access to inholdings in the Conservation Area.
        (g) Invasive Species and Noxious Weeds.--In accordance with any
    applicable laws and subject to such terms and conditions as the
    Secretary determines to be desirable and appropriate, the Secretary may
    prescribe measures to control nonnative invasive plants and noxious
    weeds within the Conservation Area.
        (h) Water Rights.--
                (1) Effect.--Nothing in this subtitle--
                        (A) affects the use or allocation, in existence on
                    the date of enactment of this Act, of any water, water
                    right, or interest in water;
                        (B) affects any vested absolute or decreed
                    conditional water right in existence on the date of
                    enactment of this Act, including any water right held by
                    the United States;
                        (C) affects any interstate water compact in
                    existence on the date of enactment of this Act;
                        (D) authorizes or imposes any new reserved Federal
                    water rights; or
                        (E) shall be considered to be a relinquishment or
                    reduction of any water rights reserved or appropriated
                    by the United States in the State on or before the date
                    of enactment of this Act.
                (2) Wilderness water rights.--
                        (A) In general.--The Secretary shall ensure that any
                    water rights within the Wilderness required to fulfill
                    the purposes of the Wilderness are secured in accordance
                    with subparagraphs (B) through (G).
                        (B) State law.--
                              (i) Procedural requirements.--Any water rights
                          within the Wilderness for which the Secretary
                          pursues adjudication shall be adjudicated,
                          changed, and administered in accordance with the
                          procedural requirements and priority system of
                          State law.
                              (ii) Establishment of water rights.--
                                        (I) In general.--Except as provided
                                    in subclause (II), the purposes and
                                    other substantive characteristics of the
                                    water rights pursued under this
                                    paragraph shall be established in
                                    accordance with State law.
                                        (II) Exception.--Notwithstanding
                                    subclause (I) and in accordance with
                                    this subtitle, the Secretary may
                                    appropriate and seek adjudication of
                                    water rights to maintain surface water
                                    levels and stream flows on and across
                                    the Wilderness to fulfill the purposes
                                    of the Wilderness.
                        (C) Deadline.--The Secretary shall promptly, but not
                    earlier than January 2009, appropriate the water rights
                    required to fulfill the purposes of the Wilderness.
                        (D) Required determination.--The Secretary shall not
                    pursue adjudication for any instream flow water rights
                    unless the Secretary makes a determination pursuant to
                    subparagraph (E)(ii) or (F).
                        (E) Cooperative enforcement.--

    [[Page 123 STAT. 1106]]

                              (i) In general.--The Secretary shall not
                          pursue adjudication of any Federal instream flow
                          water rights established under this paragraph if--
                                        (I) the Secretary determines, upon
                                    adjudication of the water rights by the
                                    Colorado Water Conservation Board, that
                                    the Board holds water rights sufficient
                                    in priority, amount, and timing to
                                    fulfill the purposes of the Wilderness;
                                    and
                                        (II) the Secretary has entered into
                                    a perpetual agreement with the Colorado
                                    Water Conservation Board to ensure the
                                    full exercise, protection, and
                                    enforcement of the State water rights
                                    within the Wilderness to reliably
                                    fulfill the purposes of the Wilderness.
                              (ii) Adjudication.--If the Secretary
                          determines that the provisions of clause (i) have
                          not been met, the Secretary shall adjudicate and
                          exercise any Federal water rights required to
                          fulfill the purposes of the Wilderness in
                          accordance with this paragraph.
                        (F) Insufficient water rights.--If the Colorado
                    Water Conservation Board modifies the instream flow
                    water rights obtained under subparagraph (E) to such a
                    degree that the Secretary determines that water rights
                    held by the State are insufficient to fulfill the
                    purposes of the Wilderness, the Secretary shall
                    adjudicate and exercise Federal water rights required to
                    fulfill the purposes of the Wilderness in accordance
                    with subparagraph (B).
                        (G) Failure to comply.--The Secretary shall promptly
                    act to exercise and enforce the water rights described
                    in subparagraph (E) if the Secretary determines that--
                              (i) the State is not exercising its water
                          rights consistent with subparagraph (E)(i)(I); or
                              (ii) the agreement described in subparagraph
                          (E)(i)(II) is not fulfilled or complied with
                          sufficiently to fulfill the purposes of the
                          Wilderness.
                (3) Water resource facility.--
                        (A) In general.--Notwithstanding any other provision
                    of law and subject to subparagraph (B), beginning on the
                    date of enactment of this Act, neither the President nor
                    any other officer, employee, or agent of the United
                    States shall fund, assist, authorize, or issue a license
                    or permit for the development of any new irrigation and
                    pumping facility, reservoir, water conservation work,
                    aqueduct, canal, ditch, pipeline, well, hydropower
                    project, transmission, other ancillary facility, or
                    other water, diversion, storage, or carriage structure
                    in the Wilderness.
                        (B) Exception.--Notwithstanding subparagraph (A),
                    the Secretary may allow construction of new livestock
                    watering facilities within the Wilderness in accordance
                    with--
                              (i) section 4(d)(4) of the Wilderness Act (16
                          U.S.C. 1133(d)(4)); and
                              (ii) the guidelines set forth in Appendix A of
                          the report of the Committee on Interior and
                          Insular Affairs of the House of Representatives
                          accompanying H.R. 2570 of the 101st Congress (H.
                          Rept. 101-405).

    [[Page 123 STAT. 1107]]

                (4) Conservation area water rights.--With respect to water
            within the Conservation Area, nothing in this subtitle--
                        (A) authorizes any Federal agency to appropriate or
                    otherwise acquire any water right on the mainstem of the
                    Gunnison River; or
                        (B) prevents the State from appropriating or
                    acquiring, or requires the State to appropriate or
                    acquire, an instream flow water right on the mainstem of
                    the Gunnison River.
                (5) Wilderness boundaries along gunnison river.--
                        (A) In general.--In areas in which the Gunnison
                    River is used as a reference for defining the boundary
                    of the Wilderness, the boundary shall--
                              (i) be located at the edge of the river; and
                              (ii) change according to the river level.
                        (B) Exclusion from wilderness.--Regardless of the
                    level of the Gunnison River, no portion of the Gunnison
                    River is included in the Wilderness.

        (i) Effect.--Nothing in this subtitle--
                (1) diminishes the jurisdiction of the State with respect to
            fish and wildlife in the State; or
                (2) imposes any Federal water quality standard upstream of
            the Conservation Area or within the mainstem of the Gunnison
            River that is more restrictive than would be applicable had the
            Conservation Area not been established.

        (j) Valid Existing Rights.--The designation of the Conservation Area
    and Wilderness is subject to valid rights in existence on the date of
    enactment of this Act.
    SEC. 2406. <<NOTE: 16 USC 460zzz-5. Deadline.>>  MANAGEMENT PLAN.

        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Secretary shall develop a comprehensive management plan
    for the long-term protection and management of the Conservation Area.
        (b) Purposes.--The management plan shall--
                (1) describe the appropriate uses and management of the
            Conservation Area;
                (2) be developed with extensive public input;
                (3) take into consideration any information developed in
            studies of the land within the Conservation Area; and
                (4) include a comprehensive travel management plan.
    SEC. 2407. <<NOTE: 16 USC 460zzz-6. Deadline.>>  ADVISORY COUNCIL.

        (a) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall establish an advisory
    council, to be known as the ``Dominguez-Escalante National Conservation
    Area Advisory Council''.
        (b) Duties.--The Council shall advise the Secretary with respect to
    the preparation and implementation of the management plan.
        (c) Applicable Law.--The Council shall be subject to--
                (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
                (2) the Federal Land Policy and Management Act of 1976 (43
            U.S.C. 1701 et seq.).

        (d) Members.--The Council shall include 10 members to be appointed
    by the Secretary, of whom, to the extent practicable--
                (1) 1 member shall be appointed after considering the
            recommendations of the Mesa County Commission;

    [[Page 123 STAT. 1108]]

                (2) 1 member shall be appointed after considering the
            recommendations of the Montrose County Commission;
                (3) 1 member shall be appointed after considering the
            recommendations of the Delta County Commission;
                (4) 1 member shall be appointed after considering the
            recommendations of the permittees holding grazing allotments
            within the Conservation Area or the Wilderness; and
                (5) 5 members shall reside in, or within reasonable
            proximity to, Mesa County, Delta County, or Montrose County,
            Colorado, with backgrounds that reflect--
                        (A) the purposes for which the Conservation Area or
                    Wilderness was established; and
                        (B) the interests of the stakeholders that are
                    affected by the planning and management of the
                    Conservation Area and Wilderness.

        (e) Representation.--The Secretary shall ensure that the membership
    of the Council is fairly balanced in terms of the points of view
    represented and the functions to be performed by the Council.
        (f) <<NOTE: Termination date.>>  Duration.--The Council shall
    terminate on the date that is 1 year from the date on which the
    management plan is adopted by the Secretary.
    SEC. 2408. <<NOTE: 16 USC 460zzz-7.>>  AUTHORIZATION OF
                              APPROPRIATIONS.

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

               Subtitle F--Rio Puerco Watershed Management Program

    SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.

        (a) Rio Puerco Management Committee.--Section 401(b) of the Omnibus
    Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110
    Stat. 4147) is amended--
                (1) in paragraph (2)--
                        (A) by redesignating subparagraphs (I) through (N)
                    as subparagraphs (J) through (O), respectively; and
                        (B) by inserting after subparagraph (H) the
                    following:
                        ``(I) the Environmental Protection Agency;''; and
                (2) in paragraph (4), by striking ``enactment of this Act''
            and inserting ``enactment of the Omnibus Public Land Management
            Act of 2009''.

        (b) Authorization of Appropriations.--Section 401(e) of the Omnibus
    Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110
    Stat. 4148) is amended by striking ``enactment of this Act'' and
    inserting ``enactment of the Omnibus Public Land Management Act of
    2009''.

                   Subtitle G--Land Conveyances and Exchanges

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

        (a) Definitions.--In this section:

    [[Page 123 STAT. 1109]]

                (1) City.--The term ``City'' means Carson City Consolidated
            Municipality, Nevada.
                (2) Map.--The term ``Map'' means the map entitled ``Carson
            City, Nevada Area'', dated November 7, 2008, and on file and
            available for public inspection in the appropriate offices of--
                        (A) the Bureau of Land Management;
                        (B) the Forest Service; and
                        (C) the City.
                (3) Secretary.--The term ``Secretary'' means--
                        (A) with respect to land in the National Forest
                    System, the Secretary of Agriculture, acting through the
                    Chief of the Forest Service; and
                        (B) with respect to other Federal land, the
                    Secretary of the Interior.
                (4) Secretaries.--The term ``Secretaries'' means the
            Secretary of Agriculture and the Secretary of the Interior,
            acting jointly.
                (5) Tribe.--The term ``Tribe'' means the Washoe Tribe of
            Nevada and California, which is a federally recognized Indian
            tribe.

        (b) Conveyances of Federal Land and City Land.--
                (1) In general.--Notwithstanding section 202 of the Federal
            Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the
            City offers to convey to the United States title to the non-
            Federal land described in paragraph (2)(A) that is acceptable to
            the Secretary of Agriculture--
                        (A) the Secretary shall accept the offer; and
                        (B) <<NOTE: Deadline.>>  not later than 180 days
                    after the date on which the Secretary receives
                    acceptable title to the non-Federal land described in
                    paragraph (2)(A), the Secretaries shall convey to the
                    City, subject to valid existing rights and for no
                    consideration, except as provided in paragraph (3)(A),
                    all right, title, and interest of the United States in
                    and to the Federal land (other than any easement
                    reserved under paragraph (3)(B)) or interest in land
                    described in paragraph (2)(B).
                (2) Description of land.--
                        (A) Non-federal land.--The non-Federal land referred
                    to in paragraph (1) is the approximately 2,264 acres of
                    land administered by the City and identified on the Map
                    as ``To U.S. Forest Service''.
                        (B) Federal land.--The Federal land referred to in
                    paragraph (1)(B) is--
                              (i) the approximately 935 acres of Forest
                          Service land identified on the Map as ``To Carson
                          City for Natural Areas'';
                              (ii) the approximately 3,604 acres of Bureau
                          of Land Management land identified on the Map as
                          ``Silver Saddle Ranch and Carson River Area'';
                              (iii) the approximately 1,848 acres of Bureau
                          of Land Management land identified on the Map as
                          ``To Carson City for Parks and Public Purposes'';
                          and
                              (iv) the approximately 75 acres of City land
                          in which the Bureau of Land Management has a
                          reversionary interest that is identified on the
                          Map as ``Reversionary Interest of the United
                          States Released''.
                (3) Conditions.--

    [[Page 123 STAT. 1110]]

                        (A) Consideration.--Before the conveyance of the 62-
                    acre Bernhard parcel to the City, the City shall deposit
                    in the special account established by subsection
                    (e)(2)(A) an amount equal to 25 percent of the
                    difference between--
                              (i) the amount for which the Bernhard parcel
                          was purchased by the City on July 18, 2001; and
                              (ii) the amount for which the Bernhard parcel
                          was purchased by the Secretary on March 24, 2006.
                        (B) Conservation easement.--As a condition of the
                    conveyance of the land described in paragraph
                    (2)(B)(ii), the Secretary, in consultation with Carson
                    City and affected local interests, shall reserve a
                    perpetual conservation easement to the land to protect,
                    preserve, and enhance the conservation values of the
                    land, consistent with paragraph (4)(B).
                        (C) Costs.--Any costs relating to the conveyance
                    under paragraph (1), including any costs for surveys and
                    other administrative costs, shall be paid by the
                    recipient of the land being conveyed.
                (4) Use of land.--
                        (A) Natural areas.--
                              (i) In general.--Except as provided in clause
                          (ii), the land described in paragraph (2)(B)(i)
                          shall be managed by the City to maintain
                          undeveloped open space and to preserve the natural
                          characteristics of the land in perpetuity.
                              (ii) Exception.--Notwithstanding clause (i),
                          the City may--
                                        (I) conduct projects on the land to
                                    reduce fuels;
                                        (II) construct and maintain trails,
                                    trailhead facilities, and any
                                    infrastructure on the land that is
                                    required for municipal water and flood
                                    management activities; and
                                        (III) maintain or reconstruct any
                                    improvements on the land that are in
                                    existence on the date of enactment of
                                    this Act.
                        (B) Silver saddle ranch and carson river area.--
                              (i) In general.--Except as provided in clause
                          (ii), the land described in paragraph (2)(B)(ii)
                          shall--
                                        (I) be managed by the City to
                                    protect and enhance the Carson River,
                                    the floodplain and surrounding upland,
                                    and important wildlife habitat; and
                                        (II) be used for undeveloped open
                                    space, passive recreation, customary
                                    agricultural practices, and wildlife
                                    protection.
                              (ii) Exception.--Notwithstanding clause (i),
                          the City may--
                                        (I) construct and maintain trails
                                    and trailhead facilities on the land;
                                        (II) conduct projects on the land to
                                    reduce fuels;
                                        (III) maintain or reconstruct any
                                    improvements on the land that are in
                                    existence on the date of enactment of
                                    this Act; and

    [[Page 123 STAT. 1111]]

                                        (IV) allow the use of motorized
                                    vehicles on designated roads, trails,
                                    and areas in the south end of Prison
                                    Hill.
                        (C) Parks and public purposes.--The land described
                    in paragraph (2)(B)(iii) shall be managed by the City
                    for--
                              (i) undeveloped open space; and
                              (ii) recreation or other public purposes
                          consistent with the Act of June 14, 1926 (commonly
                          known as the ``Recreation and Public Purposes
                          Act'') (43 U.S.C. 869 et seq.).
                        (D) Reversionary interest.--
                              (i) Release.--The reversionary interest
                          described in paragraph (2)(B)(iv) shall terminate
                          on the date of enactment of this Act.
                              (ii) Conveyance by city.--
                                        (I) In general.--If the City sells,
                                    leases, or otherwise conveys any portion
                                    of the land described in paragraph
                                    (2)(B)(iv), the sale, lease, or
                                    conveyance of land shall be--
                                                (aa) through a competitive
                                            bidding process; and
                                                (bb) except as provided in
                                            subclause (II), for not less
                                            than fair market value.
                                        (II) Conveyance to government or
                                    nonprofit.--A sale, lease, or conveyance
                                    of land described in paragraph
                                    (2)(B)(iv) to the Federal Government, a
                                    State government, a unit of local
                                    government, or a nonprofit organization
                                    shall be for consideration in an amount
                                    equal to the price established by the
                                    Secretary of the Interior under section
                                    2741 of title 43, Code of Federal
                                    Regulation (or successor regulations).
                                        (III) Disposition of proceeds.--The
                                    gross proceeds from the sale, lease, or
                                    conveyance of land under subclause (I)
                                    shall be distributed in accordance with
                                    subsection (e)(1).
                (5) Reversion.--If land conveyed under paragraph (1) is used
            in a manner that is inconsistent with the uses described in
            subparagraph (A), (B), (C), or (D) of paragraph (4), the land
            shall, at the discretion of the Secretary, revert to the United
            States.
                (6) Miscellaneous provisions.--
                        (A) In general.--On conveyance of the non-Federal
                    land under paragraph (1) to the Secretary of
                    Agriculture, the non-Federal land shall--
                              (i) become part of the Humboldt-Toiyabe
                          National Forest; and
                              (ii) be administered in accordance with the
                          laws (including the regulations) and rules
                          generally applicable to the National Forest
                          System.
                        (B) Management plan.--The Secretary of Agriculture,
                    in consultation with the City and other interested
                    parties, may develop and implement a management plan for
                    National Forest System land that ensures the protection
                    and stabilization of the National Forest System land to
                    minimize the impacts of flooding on the City.
                (7) Conveyance to bureau of land management.--

    [[Page 123 STAT. 1112]]

                        (A) In general.--If the City offers to convey to the
                    United States title to the non-Federal land described in
                    subparagraph (B) that is acceptable to the Secretary of
                    the Interior, the land shall, at the discretion of the
                    Secretary, be conveyed to the United States.
                        (B) Description of land.--The non-Federal land
                    referred to in subparagraph (A) is the approximately 46
                    acres of land administered by the City and identified on
                    the Map as ``To Bureau of Land Management''.
                        (C) Costs.--Any costs relating to the conveyance
                    under subparagraph (A), including any costs for surveys
                    and other administrative costs, shall be paid by the
                    Secretary of the Interior.

        (c) Transfer of Administrative Jurisdiction From the Forest Service
    to the Bureau of Land Management.--
                (1) In general.--Administrative jurisdiction over the
            approximately 50 acres of Forest Service land identified on the
            Map as ``Parcel #1'' is transferred, from the Secretary of
            Agriculture to the Secretary of the Interior.
                (2) Costs.--Any costs relating to the transfer under
            paragraph (1), including any costs for surveys and other
            administrative costs, shall be paid by the Secretary of the
            Interior.
                (3) Use of land.--
                        (A) <<NOTE: Deadline.>>  Right-of-way.--Not later
                    than 120 days after the date of enactment of this Act,
                    the Secretary of the Interior shall grant to the City a
                    right-of-way for the maintenance of flood management
                    facilities located on the land.
                        (B) Disposal.--The land referred to in paragraph (1)
                    shall be disposed of in accordance with subsection (d).
                        (C) Disposition of proceeds.--The gross proceeds
                    from the disposal of land under subparagraph (B) shall
                    be distributed in accordance with subsection (e)(1).

        (d) Disposal of Carson City Land.--
                (1) In general.--Notwithstanding sections 202 and 203 of the
            Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712,
            1713), the Secretary of the Interior shall, in accordance with
            that Act, this subsection, and other applicable law, and subject
            to valid existing rights, conduct sales of the Federal land
            described in paragraph (2) to qualified bidders.
                (2) Description of land.--The Federal land referred to in
            paragraph (1) is--
                        (A) the approximately 108 acres of Bureau of Land
                    Management land identified as ``Lands for Disposal'' on
                    the Map; and
                        (B) the approximately 50 acres of land identified as
                    ``Parcel #1'' on the Map.
                (3) <<NOTE: Certification.>>  Compliance with local planning
            and zoning laws.--Before a sale of Federal land under paragraph
            (1), the City shall submit to the Secretary a certification that
            qualified bidders have agreed to comply with--
                        (A) City zoning ordinances; and
                        (B) any master plan for the area approved by the
                    City.
                (4) Method of sale; consideration.--The sale of Federal land
            under paragraph (1) shall be--

    [[Page 123 STAT. 1113]]

                        (A) consistent with subsections (d) and (f) of
                    section 203 of the Federal Land Policy and Management
                    Act of 1976 (43 U.S.C. 1713);
                        (B) unless otherwise determined by the Secretary,
                    through a competitive bidding process; and
                        (C) for not less than fair market value.
                (5) Withdrawal.--
                        (A) In general.--Subject to valid existing rights
                    and except as provided in subparagraph (B), the Federal
                    land described in paragraph (2) is withdrawn from--
                              (i) all forms of entry and appropriation under
                          the public land laws;
                              (ii) location, entry, and patent under the
                          mining laws; and
                              (iii) operation of the mineral leasing and
                          geothermal leasing laws.
                        (B) Exception.--Subparagraph (A)(i) shall not apply
                    to sales made consistent with this subsection.
                (6) Deadline for sale.--
                        (A) In general.--Except as provided in subparagraph
                    (B), not later than 1 year after the date of enactment
                    of this Act, if there is a qualified bidder for the land
                    described in subparagraphs (A) and (B) of paragraph (2),
                    the Secretary of the Interior shall offer the land for
                    sale to the qualified bidder.
                        (B) Postponement; exclusion from sale.--
                              (i) Request by carson city for postponement or
                          exclusion.--At the request of the City, the
                          Secretary shall postpone or exclude from the sale
                          under subparagraph (A) all or a portion of the
                          land described in subparagraphs (A) and (B) of
                          paragraph (2).
                              (ii) Indefinite postponement.--Unless
                          specifically requested by the City, a postponement
                          under clause (i) shall not be indefinite.

        (e) Disposition of Proceeds.--
                (1) In general.--Of the proceeds from the sale of land under
            subsections (b)(4)(D)(ii) and (d)(1)--
                        (A) 5 percent shall be paid directly to the State
                    for use in the general education program of the State;
                    and
                        (B) the remainder shall be deposited in a special
                    account in the Treasury of the United States, to be
                    known as the ``Carson City Special Account'', and shall
                    be available without further appropriation to the
                    Secretary until expended to--
                              (i) reimburse costs incurred by the Bureau of
                          Land Management for preparing for the sale of the
                          Federal land described in subsection (d)(2),
                          including the costs of--
                                        (I) surveys and appraisals; and
                                        (II) compliance with--
                                                (aa) the National
                                            Environmental Policy Act of 1969
                                            (42 U.S.C. 4321 et seq.); and
                                                (bb) sections 202 and 203 of
                                            the Federal Land Policy and
                                            Management Act of 1976 (43
                                            U.S.C. 1712, 1713);
                              (ii) reimburse costs incurred by the Bureau of
                          Land Management and Forest Service for preparing
                          for, and

    [[Page 123 STAT. 1114]]

                          carrying out, the transfers of land to be held in
                          trust by the United States under subsection
                          (h)(1); and
                              (iii) acquire environmentally sensitive land
                          or an interest in environmentally sensitive land
                          in the City.
                (2) Silver saddle endowment account.--
                        (A) Establishment.--There is established in the
                    Treasury of the United States a special account, to be
                    known as the ``Silver Saddle Endowment Account'',
                    consisting of such amounts as are deposited under
                    subsection (b)(3)(A).
                        (B) Availability of amounts.--Amounts deposited in
                    the account established by paragraph (1) shall be
                    available to the Secretary, without further
                    appropriation, for the oversight and enforcement of the
                    conservation easement established under subsection
                    (b)(3)(B).

        (f) Urban Interface.--
                (1) In general.--Except as otherwise provided in this
            section and subject to valid existing rights, the Federal land
            described in paragraph (2) is permanently withdrawn from--
                        (A) all forms of entry and appropriation under the
                    public land laws and mining laws;
                        (B) location and patent under the mining laws; and
                        (C) operation of the mineral laws, geothermal
                    leasing laws, and mineral material laws.
                (2) Description of land.--The land referred to in paragraph
            (1) consists of approximately 19,747 acres, which is identified
            on the Map as ``Urban Interface Withdrawal''.
                (3) Incorporation of acquired land and interests.--Any land
            or interest in land within the boundaries of the land described
            in paragraph (2) that is acquired by the United States after the
            date of enactment of this Act shall be withdrawn in accordance
            with this subsection.
                (4) Off-highway vehicle management.--Until the date on which
            the Secretary, in consultation with the State, the City, and any
            other interested persons, completes a transportation plan for
            Federal land in the City, the use of motorized and mechanical
            vehicles on Federal land within the City shall be limited to
            roads and trails in existence on the date of enactment of this
            Act unless the use of the vehicles is needed--
                        (A) for administrative purposes; or
                        (B) to respond to an emergency.

        (g) Availability of Funds.--Section 4(e) of the Southern Nevada
    Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346;
    116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is
    amended--
                (1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln,
            and White Pine Counties and Washoe County (subject to paragraph
            4))'' and inserting ``Clark, Lincoln, and White Pine Counties
            and Washoe County (subject to paragraph 4)) and Carson City
            (subject to paragraph (5))'';
                (2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln,
            and White Pine Counties'' and inserting ``Clark, Lincoln, and
            White Pine Counties and Carson City (subject to paragraph
            (5))'';
                (3) in paragraph (4), by striking ``2011'' and inserting
            ``2015''; and
                (4) by adding at the end the following:

    [[Page 123 STAT. 1115]]

                ``(5) Limitation for carson city.--Carson City shall be
            eligible to nominate for expenditure amounts to acquire land or
            an interest in land for parks or natural areas and for
            conservation initiatives--
                        ``(A) adjacent to the Carson River; or
                        ``(B) within the floodplain of the Carson River.''.

        (h) Transfer of Land To Be Held in Trust for Washoe Tribe.--
                (1) In general.--Subject to valid existing rights, all
            right, title, and interest of the United States in and to the
            land described in paragraph (2)--
                        (A) shall be held in trust by the United States for
                    the benefit and use of the Tribe; and
                        (B) shall be part of the reservation of the Tribe.
                (2) Description of land.--The land referred to in paragraph
            (1) consists of approximately 293 acres, which is identified on
            the Map as ``To Washoe Tribe''.
                (3) <<NOTE: Deadline.>>  Survey.--Not later than 180 days
            after the date of enactment of this Act, the Secretary of
            Agriculture shall complete a survey of the boundary lines to
            establish the boundaries of the land taken into trust under
            paragraph (1).
                (4) Use of land.--
                        (A) Gaming.--Land taken into trust under paragraph
                    (1) shall not be eligible, or considered to have been
                    taken into trust, for class II gaming or class III
                    gaming (as those terms are defined in section 4 of the
                    Indian Gaming Regulatory Act (25 U.S.C. 2703)).
                        (B) Trust land for ceremonial use and
                    conservation.--With respect to the use of the land taken
                    into trust under paragraph (1) that is above the 5,200'
                    elevation contour, the Tribe--
                              (i) shall limit the use of the land to--
                                        (I) traditional and customary uses;
                                    and
                                        (II) stewardship conservation for
                                    the benefit of the Tribe; and
                              (ii) shall not permit any--
                                        (I) permanent residential or
                                    recreational development on the land; or
                                        (II) commercial use of the land,
                                    including commercial development or
                                    gaming.
                        (C) Trust land for commercial and residential use.--
                    With respect to the use of the land taken into trust
                    under paragraph (1), the Tribe shall limit the use of
                    the land below the 5,200' elevation to--
                              (i) traditional and customary uses;
                              (ii) stewardship conservation for the benefit
                          of the Tribe; and
                              (iii)(I) residential or recreational
                          development; or
                              (II) commercial use.
                        (D) Thinning; landscape restoration.--With respect
                    to the land taken into trust under paragraph (1), the
                    Secretary of Agriculture, in consultation and
                    coordination with the Tribe, may carry out any thinning
                    and other landscape restoration activities on the land
                    that is beneficial to the Tribe and the Forest Service.

        (i) Correction of Skunk Harbor Conveyance.--

    [[Page 123 STAT. 1116]]

                (1) Purpose.--The purpose of this subsection is to amend
            Public Law 108-67 (117 Stat. 880) to make a technical correction
            relating to the land conveyance authorized under that Act.
                (2) Technical correction.--Section 2 of Public Law 108-67
            (117 Stat. 880) is amended--
                        (A) by striking ``Subject to'' and inserting the
                    following:

        ``(a) In General.--Subject to'';
                        (B) in subsection (a) (as designated by paragraph
                    (1)), by striking ``the parcel'' and all that follows
                    through the period at the end and inserting the
                    following: ``and to approximately 23 acres of land
                    identified as `Parcel A' on the map entitled `Skunk
                    Harbor Conveyance Correction' and dated September 12,
                    2008, the western boundary of which is the low water
                    line of Lake Tahoe at elevation 6,223.0' (Lake Tahoe
                    Datum).''; and
                        (C) by adding at the end the following:

        ``(b) Survey and Legal Description.--
                ``(1) <<NOTE: Deadline.>>  In general.--Not later than 180
            days after the date of enactment of this subsection, the
            Secretary of Agriculture shall complete a survey and legal
            description of the boundary lines to establish the boundaries of
            the trust land.
                ``(2) Technical corrections.--The Secretary may correct any
            technical errors in the survey or legal description completed
            under paragraph (1).

        ``(c) Public Access and Use.--Nothing in this Act prohibits any
    approved general public access (through existing easements or by boat)
    to, or use of, land remaining within the Lake Tahoe Basin Management
    Unit after the conveyance of the land to the Secretary of the Interior,
    in trust for the Tribe, under subsection (a), including access to, and
    use of, the beach and shoreline areas adjacent to the portion of land
    conveyed under that subsection.''.
                (3) Date of trust status.--The trust land described in
            section 2(a) of Public Law 108-67 (117 Stat. 880) shall be
            considered to be taken into trust as of August 1, 2003.
                (4) Transfer.--The Secretary of the Interior, acting on
            behalf of and for the benefit of the Tribe, shall transfer to
            the Secretary of Agriculture administrative jurisdiction over
            the land identified as ``Parcel B'' on the map entitled ``Skunk
            Harbor Conveyance Correction'' and dated September 12, 2008.

        (j) Agreement With Forest Service.--The Secretary of Agriculture, in
    consultation with the Tribe, shall develop and implement a cooperative
    agreement that ensures regular access by members of the Tribe and other
    people in the community of the Tribe across National Forest System land
    from the City to Lake Tahoe for cultural and religious purposes.
        (k) Artifact Collection.--
                (1) <<NOTE: Deadline.>>  Notice.--At least 180 days before
            conducting any ground disturbing activities on the land
            identified as ``Parcel #2'' on the Map, the City shall notify
            the Tribe of the proposed activities to provide the Tribe with
            adequate time to inventory and collect any artifacts in the
            affected area.
                (2) Authorized activities.--On receipt of notice under
            paragraph (1), the Tribe may collect and possess any artifacts
            relating to the Tribe in the land identified as ``Parcel #2'' on
            the Map.

    [[Page 123 STAT. 1117]]

        (l) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
    SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE.

        (a) Definitions.--In this section:
                (1) City.--The term ``City'' means the City of Henderson,
            Nevada.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (3) State.--The term ``State'' means the State of Nevada.
                (4) Transition area.--The term ``Transition Area'' means the
            approximately 502 acres of Federal land located in Henderson,
            Nevada, and identified as ``Limited Transition Area'' on the map
            entitled ``Southern Nevada Limited Transition Area Act'' and
            dated March 20, 2006.

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

    [[Page 123 STAT. 1118]]

                        (B) agree that if any land in the Transition Area is
                    sold, leased, or otherwise conveyed by the City, the
                    sale, lease, or conveyance shall contain a limitation to
                    require uses compatible with that airport noise
                    compatibility planning.
                (5) Reversion.--
                        (A) <<NOTE: Deadline.>>  In general.--If any parcel
                    of land in the Transition Area is not conveyed for
                    nonresidential development under this section or
                    reserved for recreation or other public purposes under
                    paragraph (3) by the date that is 20 years after the
                    date of enactment of this Act, the parcel of land shall,
                    at the discretion of the Secretary, revert to the United
                    States.
                        (B) Inconsistent use.--If the City uses any parcel
                    of land within the Transition Area in a manner that is
                    inconsistent with the uses specified in this
                    subsection--
                              (i) at the discretion of the Secretary, the
                          parcel shall revert to the United States; or
                              (ii) if the Secretary does not make an
                          election under clause (i), the City shall sell the
                          parcel of land in accordance with this subsection.
    SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE.

        (a) Definitions.--In this section:
                (1) Alta-hualapai site.--The term ``Alta-Hualapai Site''
            means the approximately 80 acres of land that is--
                        (A) patented to the City under the Act of June 14,
                    1926 (commonly known as the ``Recreation and Public
                    Purposes Act'') (43 U.S.C. 869 et seq.); and
                        (B) identified on the map as the ``Alta-Hualapai
                    Site''.
                (2) City.--The term ``City'' means the city of Las Vegas,
            Nevada.
                (3) Institute.--The term ``Institute'' means the Nevada
            Cancer Institute, a nonprofit organization described under
            section 501(c)(3) of the Internal Revenue Code of 1986, the
            principal place of business of which is at 10441 West Twain
            Avenue, Las Vegas, Nevada.
                (4) Map.--The term ``map'' means the map titled ``Nevada
            Cancer Institute Expansion Act'' and dated July 17, 2006.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Director of the Bureau of
            Land Management.
                (6) Water district.--The term ``Water District'' means the
            Las Vegas Valley Water District.

        (b) Land Conveyance.--
                (1) Survey and legal description.--The City shall prepare a
            survey and legal description of the Alta-Hualapai Site. The
            survey shall conform to the Bureau of Land Management cadastral
            survey standards and be subject to approval by the Secretary.
                (2) Acceptance.--The Secretary may accept the relinquishment
            by the City of all or part of the Alta-Hualapai Site.
                (3) Conveyance for use as nonprofit cancer institute.--After
            relinquishment <<NOTE: Deadline.>>  of all or part of the Alta-
            Hualapai Site to the Secretary, and not later than 180 days
            after request of the Institute, the Secretary shall convey to
            the Institute, subject to valid existing rights, the portion of

    [[Page 123 STAT. 1119]]

            the Alta-Hualapai Site that is necessary for the development of
            a nonprofit cancer institute.
                (4) <<NOTE: Deadline.>>  Additional conveyances.--Not later
            than 180 days after a request from the City, the Secretary shall
            convey to the City, subject to valid existing rights, any
            remaining portion of the Alta-Hualapai Site necessary for
            ancillary medical or nonprofit use compatible with the mission
            of the Institute.
                (5) Applicable law.--Any conveyance by the City of any
            portion of the land received under this section shall be for no
            less than fair market value and the proceeds shall be
            distributed in accordance with section 4(e)(1) of Public Law
            105-263 (112 Stat. 2345).
                (6) Transaction costs.--All land conveyed by the Secretary
            under this section shall be at no cost, except that the
            Secretary may require the recipient to bear any costs associated
            with transfer of title or any necessary land surveys.
                (7) Report.--Not later than 180 days after the date of the
            enactment of this Act, the Secretary shall submit to the
            Committee on Natural Resources of the House of Representatives
            and the Committee on Energy and Natural Resources of the Senate
            a report on all transactions conducted under Public Law 105-263
            (112 Stat. 2345).

        (c) Rights-of-Way.--Consistent with the Federal Land Policy and
    Management Act of 1976 (43 U.S.C. 1701), the Secretary may grant rights-
    of-way to the Water District on a portion of the Alta-Hualapai Site for
    a flood control project and a water pumping facility.
        (d) Reversion.--Any property conveyed pursuant to this section which
    ceases to be used for the purposes specified in this section shall, at
    the discretion of the Secretary, revert to the United States, along with
    any improvements thereon or thereto.
    SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH.

        (a) Definitions.--In this section:
                (1) Federal land.--The term ``Federal land'' means the
            approximately 25 acres of Bureau of Land Management land
            identified on the map as ``Lands to be conveyed to Turnabout
            Ranch''.
                (2) Map.--The term ``map'' means the map entitled
            ``Turnabout Ranch Conveyance'' dated May 12, 2006, and on file
            in the office of the Director of the Bureau of Land Management.
                (3) Monument.--The term ``Monument'' means the Grand
            Staircase-Escalante National Monument located in southern Utah.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (5) Turnabout ranch.--The term ``Turnabout Ranch'' means the
            Turnabout Ranch in Escalante, Utah, owned by Aspen Education
            Group.

        (b) <<NOTE: Deadlines.>>  Conveyance of Federal Land to Turnabout
    Ranch.--
                (1) In general.--Notwithstanding the land use planning
            requirements of sections 202 and 203 of the Federal Land Policy
            and Management Act of 1976 (43 U.S.C. 1712, 1713), if not later
            than 30 days after completion of the appraisal required under
            paragraph (2), Turnabout Ranch of Escalante, Utah, submits to
            the Secretary an offer to acquire the Federal land for the
            appraised value, the Secretary shall, not later

    [[Page 123 STAT. 1120]]

            than 30 days after the date of the offer, convey to Turnabout
            Ranch all right, title, and interest to the Federal land,
            subject to valid existing rights.
                (2) Appraisal.--Not later than 90 days after the date of
            enactment of this Act, the Secretary shall complete an appraisal
            of the Federal land. The appraisal shall be completed in
            accordance with the ``Uniform Appraisal Standards for Federal
            Land Acquisitions'' and the ``Uniform Standards of Professional
            Appraisal Practice''. All costs associated with the appraisal
            shall be born by Turnabout Ranch.
                (3) Payment of consideration.--Not later than 30 days after
            the date on which the Federal land is conveyed under paragraph
            (1), as a condition of the conveyance, Turnabout Ranch shall pay
            to the Secretary an amount equal to the appraised value of the
            Federal land, as determined under paragraph (2).
                (4) Costs of conveyance.--As a condition of the conveyance,
            any costs of the conveyance under this section shall be paid by
            Turnabout Ranch.
                (5) Disposition of proceeds.--The Secretary shall deposit
            the proceeds from the conveyance of the Federal land under
            paragraph (1) in the Federal Land Deposit Account established by
            section 206 of the Federal Land Transaction Facilitation Act(43
            U.S.C. 2305), to be expended in accordance with that Act.

        (c) Modification of Monument Boundary.--When the conveyance
    authorized by subsection (b) is completed, the boundaries of the Grand
    Staircase-Escalante National Monument in the State of Utah are hereby
    modified to exclude the Federal land conveyed to Turnabout Ranch.
    SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH.

        (a) Definitions.--In this section:
                (1) Boy scouts.--The term ``Boy Scouts'' means the Utah
            National Parks Council of the Boy Scouts of America.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (b) Boy Scouts of America Land Exchange.--
                (1) Authority to convey.--
                        (A) In general.--Subject to paragraph (3) and
                    notwithstanding the Act of June 14, 1926 (commonly known
                    as the ``Recreation and Public Purposes Act'') (43
                    U.S.C. 869 et seq.), the Boy Scouts may convey to Brian
                    Head Resort, subject to valid existing rights and,
                    except as provided in subparagraph (B), any rights
                    reserved by the United States, all right, title, and
                    interest granted to the Boy Scouts by the original
                    patent to the parcel described in paragraph (2)(A) in
                    exchange for the conveyance by Brian Head Resort to the
                    Boy Scouts of all right, title, and interest in and to
                    the parcels described in paragraph (2)(B).
                        (B) Reversionary interest.--On conveyance of the
                    parcel of land described in paragraph (2)(A), the
                    Secretary shall have discretion with respect to whether
                    or not the reversionary interests of the United States
                    are to be exercised.

    [[Page 123 STAT. 1121]]

                (2) Description of land.--The parcels of land referred to in
            paragraph (1) are--
                        (A) the 120-acre parcel that is part of a tract of
                    public land acquired by the Boy Scouts under the Act of
                    June 14, 1926 (commonly known as the ``Recreation and
                    Public Purposes Act'') (43 U.S.C. 869 et seq.) for the
                    purpose of operating a camp, which is more particularly
                    described as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. 26,
                    T. 35 S., R. 9 W., Salt Lake Base and Meridian; and
                        (B) the 2 parcels of private land owned by Brian
                    Head Resort that total 120 acres, which are more
                    particularly described as--
                              (i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25,
                          T. 35 S., R. 9 W., Salt Lake Base and Meridian;
                          and
                              (ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9
                          W., Salt Lake Base Meridian.
                (3) Conditions.--On conveyance to the Boy Scouts under
            paragraph (1)(A), the parcels of land described in paragraph
            (2)(B) shall be subject to the terms and conditions imposed on
            the entire tract of land acquired by the Boy Scouts for a camp
            under the Bureau of Land Management patent numbered 43-75-0010.
                (4) Modification of patent.--On completion of the exchange
            under paragraph (1)(A), the Secretary shall amend the original
            Bureau of Land Management patent providing for the conveyance to
            the Boy Scouts under the Act of June 14, 1926 (commonly known as
            the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
            seq.) numbered 43-75-0010 to take into account the exchange
            under paragraph (1)(A).
    SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE.

        (a) Definitions.--In this section:
                (1) Public land.--The term ``public land'' means the
            approximately 622 acres of Federal land managed by the Bureau of
            Land Management and identified for conveyance on the map
            prepared by the Bureau of Land Management entitled ``Douglas
            County Public Utility District Proposal'' and dated March 2,
            2006.
                (2) PUD.--The term ``PUD'' means the Public Utility District
            No. 1 of Douglas County, Washington.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (4) Wells hydroelectric project.--The term ``Wells
            Hydroelectric Project'' means Federal Energy Regulatory
            Commission Project No. 2149.

        (b) Conveyance of Public Land, Wells Hydroelectric Project, Public
    Utility District No. 1 of Douglas County, Washington.--
                (1) <<NOTE: Deadlines.>>  Conveyance required.--
            Notwithstanding the land use planning requirements of sections
            202 and 203 of the Federal Land Policy and Management Act of
            1976 (43 U.S.C. 1712, 1713), and notwithstanding section 24 of
            the Federal Power Act (16 U.S.C. 818) and Federal Power Order
            for Project 2149, and subject to valid existing rights, if not
            later than 45 days after the date of completion of the appraisal
            required under paragraph (2), the Public Utility District No. 1
            of Douglas County, Washington, submits to the Secretary an offer
            to

    [[Page 123 STAT. 1122]]

            acquire the public land for the appraised value, the Secretary
            shall convey, not later than 30 days after the date of the
            offer, to the PUD all right, title, and interest of the United
            States in and to the public land.
                (2) <<NOTE: Deadline.>>  Appraisal.--Not later than 60 days
            after the date of enactment of this Act, the Secretary shall
            complete an appraisal of the public land. The appraisal shall be
            conducted in accordance with the ``Uniform Appraisal Standards
            for Federal Land Acquisitions'' and the ``Uniform Standards of
            Professional Appraisal Practice''.
                (3) <<NOTE: Deadline.>>  Payment.--Not later than 30 days
            after the date on which the public land is conveyed under this
            subsection, the PUD shall pay to the Secretary an amount equal
            to the appraised value of the public land as determined under
            paragraph (2).
                (4) Map and legal descriptions.--As soon as practicable
            after the date of enactment of this Act, the Secretary shall
            finalize legal descriptions of the public land to be conveyed
            under this subsection. The Secretary may correct any minor
            errors in the map referred to in subsection (a)(1) or in the
            legal descriptions. The map and legal descriptions shall be on
            file and available for public inspection in appropriate offices
            of the Bureau of Land Management.
                (5) Costs of conveyance.--As a condition of conveyance, any
            costs related to the conveyance under this subsection shall be
            paid by the PUD.
                (6) Disposition of proceeds.--The Secretary shall deposit
            the proceeds from the sale in the Federal Land Disposal Account
            established by section 206 of the Federal Land Transaction
            Facilitation Act (43 U.S.C. 2305) to be expended to improve
            access to public lands administered by the Bureau of Land
            Management in the State of Washington.

        (c) Segregation of Lands.--
                (1) <<NOTE: Effective date.>>  Withdrawal.--Except as
            provided in subsection (b)(1), effective immediately upon
            enactment of this Act, and subject to valid existing rights, the
            public land is withdrawn from--
                        (A) all forms of entry, appropriation, or disposal
                    under the public land laws, and all amendments thereto;
                        (B) location, entry, and patenting under the mining
                    laws, and all amendments thereto; and
                        (C) operation of the mineral leasing, mineral
                    materials, and geothermal leasing laws, and all
                    amendments thereto.
                (2) <<NOTE: Expiration date.>>  Duration.--This subsection
            expires two years after the date of enactment of this Act or on
            the date of the completion of the conveyance under subsection
            (b), whichever is earlier.

        (d) Retained Authority.--The Secretary shall retain the authority to
    place conditions on the license to insure adequate protection and
    utilization of the public land granted to the Secretary in section 4(e)
    of the Federal Power Act (16 U.S.C. 797(e)) until the Federal Energy
    Regulatory Commission has issued a new license for the Wells
    Hydroelectric Project, to replace the original license expiring May 31,
    2012, consistent with section 15 of the Federal Power Act (16 U.S.C.
    808).

    [[Page 123 STAT. 1123]]

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

        (a) Conveyance.--As soon as practicable after the date of enactment
    of this Act, the Secretary of the Interior, acting through the Director
    of the Bureau of Land Management, shall convey to the city of Twin
    Falls, Idaho, subject to valid existing rights, without consideration,
    all right, title, and interest of the United States in and to the 4
    parcels of land described in subsection (b).
        (b) Land Description.--The 4 parcels of land to be conveyed under
    subsection (a) are the approximately 165 acres of land in Twin Falls
    County, Idaho, that are identified as ``Land to be conveyed to Twin
    Falls'' on the map titled ``Twin Falls Land Conveyance'' and dated July
    28, 2008.
        (c) Map on File.--A map depicting the land described in subsection
    (b) shall be on file and available for public inspection in the
    appropriate offices of the Bureau of Land Management.
        (d) Use of Conveyed Lands.--
                (1) Purpose.--The land conveyed under this section shall be
            used to support the public purposes of the Auger Falls Project,
            including a limited agricultural exemption to allow for water
            quality and wildlife habitat improvements.
                (2) Restriction.--The land conveyed under this section shall
            not be used for residential or commercial purposes, except for
            the limited agricultural exemption described in paragraph (1).
                (3) Additional terms and conditions.--The Secretary of the
            Interior may require such additional terms and conditions in
            connection with the conveyance as the Secretary considers
            appropriate to protect the interests of the United States.

        (e) Reversion.--If the land conveyed under this section is no longer
    used in accordance with subsection (d)--
                (1) the land shall, at the discretion of the Secretary based
            on his determination of the best interests of the United States,
            revert to the United States; and
                (2) if the Secretary chooses to have the land revert to the
            United States and if the Secretary determines that the land is
            environmentally contaminated, the city of Twin Falls, Idaho, or
            any other person responsible for the contamination shall
            remediate the contamination.

        (f) Administrative Costs.--The Secretary shall require that the city
    of Twin Falls, Idaho, pay all survey costs and other administrative
    costs necessary for the preparation and completion of any patents of and
    transfer of title to property under this section.
    SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE, NEVADA.

        (a) Finding.--Congress finds that the land described in subsection
    (c) has been adequately studied for wilderness designation under section
    603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
    1782).
        (b) Release.--The land described in subsection (c)--
                (1) is no longer subject to section 603(c) of the Federal
            Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
                (2) shall be managed in accordance with--
                        (A) land management plans adopted under section 202
                    of that Act (43 U.S.C. 1712); and

    [[Page 123 STAT. 1124]]

                        (B) cooperative conservation agreements in existence
                    on the date of the enactment of this Act.

        (c) Description of Land.--The land referred to in subsections (a)
    and (b) is the approximately 70 acres of land in the Sunrise Mountain
    Instant Study Area of Clark County, Nevada, that is designated on the
    map entitled ``Sunrise Mountain ISA Release Areas'' and dated September
    6, 2008.
    SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE.

        (a) Conveyance of Land by the Bureau of Land Management to Park
    City, Utah.--
                (1) <<NOTE: Deadline.>>  Land transfer.--Notwithstanding the
            planning requirements of sections 202 and 203 of the Federal
            Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
            the Secretary of the Interior shall convey, not later than 180
            days after the date of the enactment of this Act, to Park City,
            Utah, all right, title, and interest of the United States in and
            to two parcels of real property located in Park City, Utah, that
            are currently under the management jurisdiction of the Bureau of
            Land Management and designated as parcel 8 (commonly known as
            the White Acre parcel) and parcel 16 (commonly known as the
            Gambel Oak parcel). The conveyance shall be subject to all valid
            existing rights.
                (2) Deed restriction.--The conveyance of the lands under
            paragraph (1) shall be made by a deed or deeds containing a
            restriction requiring that the lands be maintained as open space
            and used solely for public recreation purposes or other purposes
            consistent with their maintenance as open space. This
            restriction shall not be interpreted to prohibit the
            construction or maintenance of recreational facilities,
            utilities, or other structures that are consistent with the
            maintenance of the lands as open space or its use for public
            recreation purposes.
                (3) <<NOTE: Payments.>>  Consideration.--In consideration
            for the transfer of the land under paragraph (1), Park City
            shall pay to the Secretary of the Interior an amount consistent
            with conveyances to governmental entities for recreational
            purposes under the Act of June 14, 1926 (commonly known as the
            Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).

        (b) Sale of Bureau of Land Management Land in Park City, Utah, at
    Auction.--
                (1) <<NOTE: Deadline.>>  Sale of land.--Not later than 180
            days after the date of the enactment of this Act, the Secretary
            of the Interior shall offer for sale any right, title, or
            interest of the United States in and to two parcels of real
            property located in Park City, Utah, that are currently under
            the management jurisdiction of the Bureau of Land Management and
            are designated as parcels 17 and 18 in the Park City, Utah,
            area. The sale of the land shall be carried out in accordance
            with the Federal Land Policy and Management Act of 1976 (43
            U.S.C. 1701) and other applicable law, other than the planning
            provisions of sections 202 and 203 of such Act (43 U.S.C. 1712,
            1713), and shall be subject to all valid existing rights.
                (2) Method of sale.--The sale of the land under paragraph
            (1) shall be consistent with subsections (d) and (f) of section
            203 of the Federal Land Policy and Management Act of 1976 (43
            U.S.C. 1713) through a competitive bidding process and for not
            less than fair market value.

    [[Page 123 STAT. 1125]]

        (c) Disposition of Land Sales Proceeds.--All proceeds derived from
    the sale of land described in this section shall be deposited in the
    Federal Land Disposal Account established by section 206(a) of the
    Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)).
    SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS IN
                              RENO, NEVADA.

        (a) Railroad Lands Defined.--For the purposes of this section, the
    term ``railroad lands'' means those lands within the City of Reno,
    Nevada, located within portions of sections 10, 11, and 12 of T.19 N.,
    R. 19 E., and portions of section 7 of T.19 N., R. 20 E., Mount Diablo
    Meridian, Nevada, that were originally granted to the Union Pacific
    Railroad under the provisions of the Act of July 1, 1862, commonly known
    as the Union Pacific Railroad Act.
        (b) Release of Reversionary Interest.--Any reversionary interests of
    the United States (including interests under the Act of July 1, 1862,
    commonly known as the Union Pacific Railroad Act) in and to the railroad
    lands as defined in subsection (a) of this section are hereby released.
    SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE
                              RANCHERIA.

        (a) In General.--
                (1) Federal lands.--Subject to valid existing rights, all
            right, title, and interest (including improvements and
            appurtenances) of the United States in and to the Federal lands
            described in subsection (b), the Federal lands shall be declared
            to be held in trust by the United States for the benefit of the
            Tribe for nongaming purposes, and shall be subject to the same
            terms and conditions as those lands described in the California
            Indian Land Transfer Act (Public Law 106-568; 114 Stat. 2921).
                (2) Trust lands.--Lands described in subsection (c) of this
            section that are taken or to be taken in trust by the United
            States for the benefit of the Tribe shall be subject to
            subsection (c) of section 903 of the California Indian Land
            Transfer Act (Public Law 106-568; 114 Stat. 2921).

        (b) Federal Lands Described.--The Federal lands described in this
    subsection, comprising approximately 66 acres, are as follows:
                (1) Township 1 North, Range 16 East, Section 6, Lots 10 and
            12, MDM, containing 50.24 acres more or less.
                (2) Township 1 North, Range 16 East, Section 5, Lot 16, MDM,
            containing 15.35 acres more or less.
                (3) Township 2 North, Range 16 East, Section 32, Indian
            Cemetery Reservation within Lot 22, MDM, containing 0.4 acres
            more or less.

        (c) Trust Lands Described.--The trust lands described in this
    subsection, comprising approximately 357 acres, are commonly referred to
    as follows:
                (1) Thomas property, pending trust acquisition, 104.50
            acres.
                (2) Coenenburg property, pending trust acquisition, 192.70
            acres, subject to existing easements of record, including but
            not limited to a non-exclusive easement for ingress and egress
            for the benefit of adjoining property as conveyed by Easement
            Deed recorded July 13, 1984, in Volume 755, Pages 189 to

    [[Page 123 STAT. 1126]]

            192, and as further defined by Stipulation and Judgment entered
            by Tuolumne County Superior Court on September 2, 1983, and
            recorded June 4, 1984, in Volume 751, Pages 61 to 67.
                (3) Assessor Parcel No. 620505300, 1.5 acres, trust land.
                (4) Assessor Parcel No. 620505400, 19.23 acres, trust land.
                (5) Assessor Parcel No. 620505600, 3.46 acres, trust land.
                (6) Assessor Parcel No. 620505700, 7.44 acres, trust land.
                (7) Assessor Parcel No. 620401700, 0.8 acres, trust land.
                (8) A portion of Assessor Parcel No. 620500200, 2.5 acres,
            trust land.
                (9) Assessor Parcel No. 620506200, 24.87 acres, trust land.

        (d) Survey.--As soon as practicable after the date of the enactment
    of this Act, the Office of Cadastral Survey of the Bureau of Land
    Management shall complete fieldwork required for a survey of the lands
    described in subsections (b) and (c) for the purpose of incorporating
    those lands within the boundaries of the Tuolumne Rancheria.
    Not <<NOTE: Deadline.>>  later than 90 days after that fieldwork is
    completed, that office shall complete the survey.

        (e) Legal Descriptions.--
                (1) <<NOTE: Federal Register, publication.>>  Publication.--
            On approval by the Community Council of the Tribe of the survey
            completed under subsection (d), the Secretary of the Interior
            shall publish in the Federal Register--
                        (A) a legal description of the new boundary lines of
                    the Tuolumne Rancheria; and
                        (B) a legal description of the land surveyed under
                    subsection (d).
                (2) <<NOTE: Effective date.>>  Effect.--Beginning on the
            date on which the legal descriptions are published under
            paragraph (1), such legal descriptions shall be the official
            legal descriptions of those boundary lines of the Tuolumne
            Rancheria and the lands surveyed.

                    TITLE III--FOREST SERVICE AUTHORIZATIONS

                Subtitle A--Watershed Restoration and Enhancement

    SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.

        Section 323 of the Department of the Interior and Related Agencies
    Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105-277), is
    amended--
                (1) in subsection (a), by striking ``each of fiscal years
            2006 through 2011'' and inserting ``fiscal year 2006 and each
            fiscal year thereafter'';
                (2) by redesignating subsection (d) as subsection (e); and
                (3) by inserting after subsection (c) the following:

        ``(d) Applicable Law.--Chapter 63 of title 31, United States Code,
    shall not apply to--
                ``(1) a watershed restoration and enhancement agreement
            entered into under this section; or

    [[Page 123 STAT. 1127]]

                ``(2) an agreement entered into under the first section of
            Public Law 94-148 (16 U.S.C. 565a-1).''.

                     Subtitle B--Wildland Firefighter Safety

    SEC. 3101. <<NOTE: 16 USC 551d.>>  WILDLAND FIREFIGHTER SAFETY.

        (a) Definitions.--In this section:
                (1) Secretaries.--The term ``Secretaries'' means--
                        (A) the Secretary of the Interior, acting through
                    the Directors of the Bureau of Land Management, the
                    United States Fish and Wildlife Service, the National
                    Park Service, and the Bureau of Indian Affairs; and
                        (B) the Secretary of Agriculture, acting through the
                    Chief of the Forest Service.
                (2) Wildland firefighter.--The term ``wildland firefighter''
            means any person who participates in wildland firefighting
            activities--
                        (A) under the direction of either of the
                    Secretaries; or
                        (B) under a contract or compact with a federally
                    recognized Indian tribe.

        (b) Annual Report to Congress.--
                (1) In general.--The Secretaries shall jointly submit to
            Congress an annual report on the wildland firefighter safety
            practices of the Secretaries, including training programs and
            activities for wildland fire suppression, prescribed burning,
            and wildland fire use, during the preceding calendar year.
                (2) Timeline.--Each report under paragraph (1) shall--
                        (A) be submitted by not later than March of the year
                    following the calendar year covered by the report; and
                        (B) include--
                              (i) a description of, and any changes to,
                          wildland firefighter safety practices, including
                          training programs and activities for wildland fire
                          suppression, prescribed burning, and wildland fire
                          use;
                              (ii) statistics and trend analyses;
                              (iii) an estimate of the amount of Federal
                          funds expended by the Secretaries on wildland
                          firefighter safety practices, including training
                          programs and activities for wildland fire
                          suppression, prescribed burning, and wildland fire
                          use;
                              (iv) progress made in implementing
                          recommendations from the Inspector General, the
                          Government Accountability Office, the Occupational
                          Safety and Health Administration, or an agency
                          report relating to a wildland firefighting
                          fatality issued during the preceding 10 years; and
                              (v) a description of--
                                        (I) the provisions relating to
                                    wildland firefighter safety practices in
                                    any Federal contract or other agreement
                                    governing the provision of wildland
                                    firefighters by a non-Federal entity;
                                        (II) a summary of any actions taken
                                    by the Secretaries to ensure that the
                                    provisions relating to safety practices,
                                    including training, are complied with by
                                    the non-Federal entity; and

    [[Page 123 STAT. 1128]]

                                        (III) the results of those actions.

                            Subtitle C--Wyoming Range

    SEC. 3201. DEFINITIONS.

        In this subtitle:
                (1) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (2) Wyoming range withdrawal area.--The term ``Wyoming Range
            Withdrawal Area'' means all National Forest System land and
            federally owned minerals located within the boundaries of the
            Bridger-Teton National Forest identified on the map entitled
            ``Wyoming Range Withdrawal Area'' and dated October 17, 2007, on
            file with the Office of the Chief of the Forest Service and the
            Office of the Supervisor of the Bridger-Teton National Forest.
    SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.

        (a) Withdrawal.--Except as provided in subsection (f), subject to
    valid existing rights as of the date of enactment of this Act and the
    provisions of this subtitle, land in the Wyoming Range Withdrawal Area
    is withdrawn from--
                (1) all forms of appropriation or disposal under the public
            land laws;
                (2) location, entry, and patent under the mining laws; and
                (3) disposition under laws relating to mineral and
            geothermal leasing.

        (b) Existing Rights.--If any right referred to in subsection (a) is
    relinquished or otherwise acquired by the United States (including
    through donation under section 3203) after the date of enactment of this
    Act, the land subject to that right shall be withdrawn in accordance
    with this section.
        (c) Buffers.--Nothing in this section requires--
                (1) the creation of a protective perimeter or buffer area
            outside the boundaries of the Wyoming Range Withdrawal Area; or
                (2) any prohibition on activities outside of the boundaries
            of the Wyoming Range Withdrawal Area that can be seen or heard
            from within the boundaries of the Wyoming Range Withdrawal Area.

        (d) <<NOTE: Applicability.>>  Land and Resource Management Plan.--
                (1) In general.--Subject to paragraph (2), the Bridger-Teton
            National Land and Resource Management Plan (including any
            revisions to the Plan) shall apply to any land within the
            Wyoming Range Withdrawal Area.
                (2) Conflicts.--If there is a conflict between this subtitle
            and the Bridger-Teton National Land and Resource Management
            Plan, this subtitle shall apply.

        (e) Prior Lease Sales.--Nothing in this section prohibits the
    Secretary from taking any action necessary to issue, deny, remove the
    suspension of, or cancel a lease, or any sold lease parcel that has not
    been issued, pursuant to any lease sale conducted prior to the date of
    enactment of this Act, including the completion of any requirements
    under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
    seq.).

    [[Page 123 STAT. 1129]]

        (f) Exception.--Notwithstanding the withdrawal in subsection (a),
    the Secretary may lease oil and gas resources in the Wyoming Range
    Withdrawal Area that are within 1 mile of the boundary of the Wyoming
    Range Withdrawal Area in accordance with the Mineral Leasing Act (30
    U.S.C. 181 et seq.) and subject to the following conditions:
                (1) The lease may only be accessed by directional drilling
            from a lease held by production on the date of enactment of this
            Act on National Forest System land that is adjacent to, and
            outside of, the Wyoming Range Withdrawal Area.
                (2) The lease shall prohibit, without exception or waiver,
            surface occupancy and surface disturbance for any activities,
            including activities related to exploration, development, or
            production.
                (3) The directional drilling may extend no further than 1
            mile inside the boundary of the Wyoming Range Withdrawal Area.
    SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING MINING OR
                              LEASING RIGHTS IN THE WYOMING RANGE.

        (a) <<NOTE: Deadline.>>  Notification of Leaseholders.--Not later
    than 120 days after the date of enactment of this Act, the Secretary
    shall provide notice to holders of valid existing mining or leasing
    rights within the Wyoming Range Withdrawal Area of the potential
    opportunity for repurchase of those rights and retirement under this
    section.

        (b) Request for Lease Retirement.--
                (1) In general.--A holder of a valid existing mining or
            leasing right within the Wyoming Range Withdrawal Area may
            submit a written notice to the Secretary of the interest of the
            holder in the retirement and repurchase of that right.
                (2) List of interested holders.--The Secretary shall prepare
            a list of interested holders and make the list available to any
            non-Federal entity or person interested in acquiring that right
            for retirement by the Secretary.

        (c) Prohibition.--The Secretary may not use any Federal funds to
    purchase any right referred to in subsection (a).
        (d) Donation Authority.--The Secretary shall--
                (1) accept the donation of any valid existing mining or
            leasing right in the Wyoming Range Withdrawal Area from the
            holder of that right or from any non-Federal entity or person
            that acquires that right; and
                (2) on acceptance, cancel that right.

        (e) Relationship to Other Authority.--Nothing in this subtitle
    affects any authority the Secretary may otherwise have to modify,
    suspend, or terminate a lease without compensation, or to recognize the
    transfer of a valid existing mining or leasing right, if otherwise
    authorized by law.

                   Subtitle D--Land Conveyances and Exchanges

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

        (a) Definitions.--In this section:
                (1) City.--The term ``City'' means the city of Coffman Cove,
            Alaska.

    [[Page 123 STAT. 1130]]

                (2) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.

        (b) Conveyance.--
                (1) In general.--Subject to valid existing rights, the
            Secretary shall convey to the City, without consideration and by
            quitclaim deed all right, title, and interest of the United
            States, except as provided in paragraphs (3) and (4), in and to
            the parcel of National Forest System land described in paragraph
            (2).
                (2) Description of land.--
                        (A) In general.--The parcel of National Forest
                    System land referred to in paragraph (1) is the
                    approximately 12 acres of land identified in U.S. Survey
                    10099, as depicted on the plat entitled ``Subdivision of
                    U.S. Survey No. 10099'' and recorded as Plat 2003-1 on
                    January 21, 2003, Petersburg Recording District, Alaska.
                        (B) Excluded land.--The parcel of National Forest
                    System land conveyed under paragraph (1) does not
                    include the portion of U.S. Survey 10099 that is north
                    of the right-of-way for Forest Development Road 3030-295
                    and southeast of Tract CC-8.
                (3) Right-of-way.--The United States may reserve a right-of-
            way to provide access to the National Forest System land
            excluded from the conveyance to the City under paragraph (2)(B).
                (4) Reversion.--If any portion of the land conveyed under
            paragraph (1) (other than a portion of land sold under paragraph
            (5)) ceases to be used for public purposes, the land shall, at
            the option of the Secretary, revert to the United States.
                (5) Conditions on subsequent conveyances.--If the City sells
            any portion of the land conveyed to the City under paragraph
            (1)--
                        (A) <<NOTE: Appraisal.>>  the amount of
                    consideration for the sale shall reflect fair market
                    value, as determined by an appraisal; and
                        (B) <<NOTE: Payments.>>  the City shall pay to the
                    Secretary an amount equal to the gross proceeds of the
                    sale, which shall be available, without further
                    appropriation, for the Tongass National Forest.
    SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND CONVEYANCE,
                              MONTANA.

        (a) Definitions.--In this section:
                (1) County.--The term ``County'' means Jefferson County,
            Montana.
                (2) Map.--The term ``map'' means the map that is--
                        (A) entitled ``Elkhorn Cemetery'';
                        (B) dated May 9, 2005; and
                        (C) on file in the office of the Beaverhead-
                    Deerlodge National Forest Supervisor.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.

        (b) Conveyance to Jefferson County, Montana.--
                (1) <<NOTE: Deadline.>>  Conveyance.--Not later than 180
            days after the date of enactment of this Act and subject to
            valid existing rights, the Secretary (acting through the
            Regional Forester, Northern Region, Missoula, Montana) shall
            convey by quitclaim deed

    [[Page 123 STAT. 1131]]

            to the County for no consideration, all right, title, and
            interest of the United States, except as provided in paragraph
            (5), in and to the parcel of land described in paragraph (2).
                (2) Description of land.--The parcel of land referred to in
            paragraph (1) is the parcel of approximately 9.67 acres of
            National Forest System land (including any improvements to the
            land) in the County that is known as the ``Elkhorn Cemetery'',
            as generally depicted on the map.
                (3) Use of land.--As a condition of the conveyance under
            paragraph (1), the County shall--
                        (A) use the land described in paragraph (2) as a
                    County cemetery; and
                        (B) agree to manage the cemetery with due
                    consideration and protection for the historic and
                    cultural values of the cemetery, under such terms and
                    conditions as are agreed to by the Secretary and the
                    County.
                (4) Easement.--In conveying the land to the County under
            paragraph (1), the Secretary, in accordance with applicable law,
            shall grant to the County an easement across certain National
            Forest System land, as generally depicted on the map, to provide
            access to the land conveyed under that paragraph.
                (5) Reversion.--In the quitclaim deed to the County, the
            Secretary shall provide that the land conveyed to the County
            under paragraph (1) shall revert to the Secretary, at the
            election of the Secretary, if the land is--
                        (A) used for a purpose other than the purposes
                    described in paragraph (3)(A); or
                        (B) managed by the County in a manner that is
                    inconsistent with paragraph (3)(B).
    SEC. 3303. <<NOTE: New Mexico.>>  SANTA FE NATIONAL FOREST; PECOS
                              NATIONAL HISTORICAL PARK LAND EXCHANGE.

        (a) Definitions.--In this section:
                (1) Federal land.--The term ``Federal land'' means the
            approximately 160 acres of Federal land within the Santa Fe
            National Forest in the State, as depicted on the map.
                (2) Landowner.--The term ``landowner'' means the 1 or more
            owners of the non-Federal land.
                (3) Map.--The term ``map'' means the map entitled ``Proposed
            Land Exchange for Pecos National Historical Park'', numbered
            430/80,054, dated November 19, 1999, and revised September 18,
            2000.
                (4) Non-federal land.--The term ``non-Federal land'' means
            the approximately 154 acres of non-Federal land in the Park, as
            depicted on the map.
                (5) Park.--The term ``Park'' means the Pecos National
            Historical Park in the State.
                (6) Secretaries.--The term ``Secretaries'' means the
            Secretary of the Interior and the Secretary of Agriculture,
            acting jointly.
                (7) State.--The term ``State'' means the State of New
            Mexico.

        (b) Land Exchange.--
                (1) In general.--If the Secretary of the Interior accepts
            the non-Federal land, title to which is acceptable to the
            Secretary of the Interior, the Secretary of Agriculture shall,
            subject

    [[Page 123 STAT. 1132]]

            to the conditions of this section and the National Environmental
            Policy Act of 1969 (42 U.S.C. 4321 et seq.), convey to the
            landowner the Federal land.
                (2) Easement.--
                        (A) In general.--As a condition of the conveyance of
                    the non-Federal land, the landowner may reserve an
                    easement (including an easement for service access) for
                    water pipelines to 2 well sites located in the Park, as
                    generally depicted on the map.
                        (B) Route.--The Secretary of the Interior and the
                    landowner shall determine the appropriate route of the
                    easement through the non-Federal land.
                        (C) Terms and conditions.--The easement shall
                    include such terms and conditions relating to the use
                    of, and access to, the well sites and pipeline, as the
                    Secretary of the Interior and the landowner determine to
                    be appropriate.
                        (D) Applicable law.--The easement shall be
                    established, operated, and maintained in compliance with
                    applicable Federal, State, and local laws.
                (3) Valuation, appraisals, and equalization.--
                        (A) In general.--The value of the Federal land and
                    non-Federal land--
                              (i) shall be equal, as determined by
                          appraisals conducted in accordance with
                          subparagraph (B); or
                              (ii) if the value is not equal, shall be
                          equalized in accordance with subparagraph (C).
                        (B) Appraisals.--
                              (i) In general.--The Federal land and non-
                          Federal land shall be appraised by an independent
                          appraiser selected by the Secretaries.
                              (ii) Requirements.--An appraisal conducted
                          under clause (i) shall be conducted in accordance
                          with--
                                        (I) the Uniform Appraisal Standards
                                    for Federal Land Acquisitions; and
                                        (II) the Uniform Standards of
                                    Professional Appraisal Practice.
                              (iii) Approval.--The appraisals conducted
                          under this subparagraph shall be submitted to the
                          Secretaries for approval.
                        (C) Equalization of values.--
                              (i) In general.--If the values of the non-
                          Federal land and the Federal land are not equal,
                          the values may be equalized in accordance with
                          section 206 of the Federal Land Policy and
                          Management Act of 1976 (43 U.S.C. 1716).
                              (ii) Cash equalization payments.--Any amounts
                          received by the Secretary of Agriculture as a cash
                          equalization payment under section 206(b) of the
                          Federal Land Policy and Management Act of 1976 (43
                          U.S.C. 1716(b)) shall--
                                        (I) be deposited in the fund
                                    established by Public Law 90-171
                                    (commonly known as the ``Sisk Act'') (16
                                    U.S.C. 484a); and

    [[Page 123 STAT. 1133]]

                                        (II) be available for expenditure,
                                    without further appropriation, for the
                                    acquisition of land and interests in
                                    land in the State.
                (4) <<NOTE: Contracts.>>  Costs.--Before the completion of
            the exchange under this subsection, the Secretaries and the
            landowner shall enter into an agreement that allocates the costs
            of the exchange among the Secretaries and the landowner.
                (5) Applicable law.--Except as otherwise provided in this
            section, the exchange of land and interests in land under this
            section shall be in accordance with--
                        (A) section 206 of the Federal Land Policy and
                    Management Act of 1976 (43 U.S.C. 1716); and
                        (B) other applicable Federal, State, and local laws.
                (6) Additional terms and conditions.--The Secretaries may
            require, in addition to any requirements under this section,
            such terms and conditions relating to the exchange of Federal
            land and non-Federal land and the granting of easements under
            this section as the Secretaries determine to be appropriate to
            protect the interests of the United States.
                (7) Completion of the exchange.--
                        (A) <<NOTE: Deadline.>>  In general.--The exchange
                    of Federal land and non-Federal land shall be completed
                    not later than 180 days after the later of--
                              (i) the date on which the requirements of the
                          National Environmental Policy Act of 1969 (42
                          U.S.C. 4321 et seq.) have been met;
                              (ii) the date on which the Secretary of the
                          Interior approves the appraisals under paragraph
                          (3)(B)(iii); or
                              (iii) the date on which the Secretaries and
                          the landowner agree on the costs of the exchange
                          and any other terms and conditions of the exchange
                          under this subsection.
                        (B) Notice.--The Secretaries shall submit to the
                    Committee on Energy and Natural Resources of the Senate
                    and the Committee on Resources of the House of
                    Representatives notice of the completion of the exchange
                    of Federal land and non-Federal land under this
                    subsection.

        (c) Administration.--
                (1) In general.--The Secretary of the Interior shall
            administer the non-Federal land acquired under this section in
            accordance with the laws generally applicable to units of the
            National Park System, including the Act of August 25, 1916
            (commonly known as the ``National Park Service Organic Act'')
            (16 U.S.C. 1 et seq.).
                (2) Maps.--
                        (A) In general.--The map shall be on file and
                    available for public inspection in the appropriate
                    offices of the Secretaries.
                        (B) <<NOTE: Deadline.>>  Transmittal of revised map
                    to congress.--Not later than 180 days after completion
                    of the exchange, the Secretaries shall transmit to the
                    Committee on Energy and Natural Resources of the Senate
                    and the Committee on Resources of the House of
                    Representatives a revised map that depicts--
                              (i) the Federal land and non-Federal land
                          exchanged under this section; and

    [[Page 123 STAT. 1134]]

                              (ii) the easement described in subsection
                          (b)(2).
    SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW MEXICO.

        (a) Definitions.--In this section:
                (1) Claim.--The term ``Claim'' means a claim of the
            Claimants to any right, title, or interest in any land located
            in lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico Principal
            Meridian, San Miguel County, New Mexico, except as provided in
            subsection (b)(1).
                (2) Claimants.--The term ``Claimants'' means Ramona Lawson
            and Boyd Lawson.
                (3) Federal land.--The term ``Federal land'' means a parcel
            of National Forest System land in the Santa Fe National Forest,
            New Mexico, that is--
                        (A) comprised of approximately 6.20 acres of land;
                    and
                        (B) described and delineated in the survey.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture, acting through the Forest Service Regional
            Forester, Southwestern Region.
                (5) Survey.--The term ``survey'' means the survey plat
            entitled ``Boundary Survey and Conservation Easement Plat'',
            prepared by Chris A. Chavez, Land Surveyor, Forest Service,
            NMPLS#12793, and recorded on February 27, 2007, at book 55, page
            93, of the land records of San Miguel County, New Mexico.

        (b) Santa Fe National Forest Land Conveyance.--
                (1) In general.--The Secretary shall, except as provided in
            subparagraph (A) and subject to valid existing rights, convey
            and quitclaim to the Claimants all right, title, and interest of
            the United States in and to the Federal land in exchange for--
                        (A) the grant by the Claimants to the United States
                    of a scenic easement to the Federal land that--
                              (i) protects the purposes for which the
                          Federal land was designated under the Wild and
                          Scenic Rivers Act (16 U.S.C. 1271 et seq.); and
                              (ii) is determined to be acceptable by the
                          Secretary; and
                        (B) a release of the United States by the Claimants
                    of--
                              (i) the Claim; and
                              (ii) any additional related claims of the
                          Claimants against the United States.
                (2) Survey.--The Secretary, with the approval of the
            Claimants, may make minor corrections to the survey and legal
            description of the Federal land to correct clerical,
            typographical, and surveying errors.
                (3) Satisfaction of claim.--The conveyance of Federal land
            under paragraph (1) shall constitute a full satisfaction of the
            Claim.
    SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEYANCE.

        (a) Conveyance Required.--The Secretary of Agriculture shall convey,
    without consideration, to the King and Kittitas Counties Fire District
    #51 of King and Kittitas Counties, Washington (in this section referred
    to as the ``District''), all right, title, and interest of the United
    States in and to a parcel of National Forest System

    [[Page 123 STAT. 1135]]

    land in Kittitas County, Washington, consisting of approximately 1.5
    acres within the SW\1/4\ of the SE\1/4\ of section 4, township 22 north,
    range 11 east, Willamette meridian, for the purpose of permitting the
    District to use the parcel as a site for a new Snoqualmie Pass fire and
    rescue station.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the purpose of the conveyance specified in such
    subsection, all right, title, and interest in and to the property shall
    revert, at the option of the Secretary, to the United States, and the
    United States shall have the right of immediate entry onto the property.
    Any determination of the Secretary under this subsection shall be made
    on the record after an opportunity for a hearing.
        (c) Survey.--If necessary, the exact acreage and legal description
    of the lands to be conveyed under subsection (a) shall be determined by
    a survey satisfactory to the Secretary. The cost of a survey shall be
    borne by the District.
        (d) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.
    SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS.

        Notwithstanding Public Law 90-171 (commonly known as the ``Sisk
    Act'') (16 U.S.C. 484a), the approximately 36.25 acres patented to the
    Mammoth County Water District (now known as the ``Mammoth Community
    Water District'') by Patent No. 04-87-0038, on June 26, 1987, and
    recorded in volume 482, at page 516, of the official records of the
    Recorder's Office, Mono County, California, may be used for any public
    purpose.
    SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.

        (a) Definitions.--In this section:
                (1) City.--The term ``City'' means the City of Bountiful,
            Utah.
                (2) Federal land.--The term ``Federal land'' means the land
            under the jurisdiction of the Secretary identified on the map as
            ``Shooting Range Special Use Permit Area''.
                (3) Map.--The term ``map'' means the map entitled
            ``Bountiful City Land Consolidation Act'' and dated October 15,
            2007.
                (4) Non-federal land.--The term ``non-Federal land'' means
            the 3 parcels of City land comprising a total of approximately
            1,680 acres, as generally depicted on the map.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.

        (b) Exchange.--Subject to subsections (d) through (h), if the City
    conveys to the Secretary all right, title, and interest of the City in
    and to the non-Federal land, the Secretary shall convey to the City all
    right, title, and interest of the United States in and to the Federal
    land.
        (c) Availability of Map.--The map shall be on file and available for
    public inspection in the appropriate offices of the Forest Service.
        (d) Valuation and Equalization.--

    [[Page 123 STAT. 1136]]

                (1) Valuation.--The value of the Federal land and the non-
            Federal land to be conveyed under subsection (b)--
                        (A) shall be equal, as determined by appraisals
                    carried out in accordance with section 206 of the
                    Federal Land Policy and Management Act of 1976 (43
                    U.S.C. 1716); or
                        (B) if not equal, shall be equalized in accordance
                    with paragraph (2).
                (2) Equalization.--If the value of the Federal land and the
            non-Federal land to be conveyed in a land exchange under this
            section is not equal, the value may be equalized by--
                        (A) making a cash equalization payment to the
                    Secretary or to the City, as appropriate; or
                        (B) reducing the acreage of the Federal land or the
                    non-Federal land to be exchanged, as appropriate.

        (e) Applicable Law.--Section 206 of the Federal Land Policy and
    Management Act of 1976 (43 U.S.C. 1716) shall apply to the land exchange
    authorized under subsection (b), except that the Secretary may accept a
    cash equalization payment in excess of 25 percent of the value of the
    Federal land.
        (f) Conditions.--
                (1) Liability.--
                        (A) In general.--As a condition of the exchange
                    under subsection (b), the Secretary shall--
                              (i) require that the City--
                                        (I) assume all liability for the
                                    shooting range located on the Federal
                                    land, including the past, present, and
                                    future condition of the Federal land;
                                    and
                                        (II) hold the United States harmless
                                    for any liability for the condition of
                                    the Federal land; and
                              (ii) comply with the hazardous substances
                          disclosure requirements of section 120(h) of the
                          Comprehensive Environmental Response,
                          Compensation, and Liability Act of 1980 (42 U.S.C.
                          9620(h)).
                        (B) Limitation.--Clauses (ii) and (iii) of section
                    120(h)(3)(A) of the Comprehensive Environmental
                    Response, Compensation, and Liability Act (42 U.S.C.
                    9620(h)(3)(A)) shall not apply to the conveyance of
                    Federal land under subsection (b).
                (2) Additional terms and conditions.--The land exchange
            under subsection (b) shall be subject to--
                        (A) valid existing rights; and
                        (B) such additional terms and conditions as the
                    Secretary may require.

        (g) Management of Acquired Land.--The non-Federal land acquired by
    the Secretary under subsection (b) shall be--
                (1) added to, and administered as part of, the Wasatch-Cache
            National Forest; and
                (2) managed by the Secretary in accordance with--
                        (A) the Act of March 1, 1911 (commonly known as the
                    ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                        (B) any laws (including regulations) applicable to
                    the National Forest System.

        (h) Easements; Rights-of-Way.--
                (1) Bonneville shoreline trail easement.--In carrying out
            the land exchange under subsection (b), the Secretary shall

    [[Page 123 STAT. 1137]]

            ensure that an easement not less than 60 feet in width is
            reserved for the Bonneville Shoreline Trail.
                (2) Other rights-of-way.--The Secretary and the City may
            reserve any other rights-of-way for utilities, roads, and trails
            that--
                        (A) are mutually agreed to by the Secretary and the
                    City; and
                        (B) the Secretary and the City consider to be in the
                    public interest.

        (i) Disposal of Remaining Federal Land.--
                (1) In general.--The Secretary may, by sale or exchange,
            dispose of all, or a portion of, the parcel of National Forest
            System land comprising approximately 220 acres, as generally
            depicted on the map that remains after the conveyance of the
            Federal land authorized under subsection (b), if the Secretary
            determines, in accordance with paragraph (2), that the land or
            portion of the land is in excess of the needs of the National
            Forest System.
                (2) Requirements.--A determination under paragraph (1) shall
            be made--
                        (A) pursuant to an amendment of the land and
                    resource management plan for the Wasatch-Cache National
                    Forest; and
                        (B) after carrying out a public process consistent
                    with the National Environmental Policy Act of 1969 (42
                    U.S.C. 4321 et seq.).
                (3) <<NOTE: Payments.>>  Consideration.--As consideration
            for any conveyance of Federal land under paragraph (1), the
            Secretary shall require payment of an amount equal to not less
            than the fair market value of the conveyed National Forest
            System land.
                (4) Relation to other laws.--Any conveyance of Federal land
            under paragraph (1) by exchange shall be subject to section 206
            of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
            1716).
                (5) Disposition of proceeds.--Any amounts received by the
            Secretary as consideration under subsection (d) or paragraph (3)
            shall be--
                        (A) deposited in the fund established under Public
                    Law 90-171 (commonly known as the ``Sisk Act'') (16
                    U.S.C. 484a); and
                        (B) available to the Secretary, without further
                    appropriation and until expended, for the acquisition of
                    land or interests in land to be included in the Wasatch-
                    Cache National Forest.
                (6) Additional terms and conditions.--Any conveyance of
            Federal land under paragraph (1) shall be subject to--
                        (A) valid existing rights; and
                        (B) such additional terms and conditions as the
                    Secretary may require.
    SEC. 3308. <<NOTE: Idaho. 16 USC 1132 note.>>  BOUNDARY
                              ADJUSTMENT, FRANK CHURCH RIVER OF NO
                              RETURN WILDERNESS.

        (a) Purposes.--The purposes of this section are--
                (1) to adjust the boundaries of the wilderness area; and
                (2) to authorize the Secretary to sell the land designated
            for removal from the wilderness area due to encroachment.

        (b) Definitions.--In this section:

    [[Page 123 STAT. 1138]]

                (1) Land designated for exclusion.--The term ``land
            designated for exclusion'' means the parcel of land that is--
                        (A) comprised of approximately 10.2 acres of land;
                        (B) generally depicted on the survey plat entitled
                    ``Proposed Boundary Change FCRONRW Sections 15
                    (unsurveyed) Township 14 North, Range 13 East, B.M.,
                    Custer County, Idaho'' and dated November 14, 2001; and
                        (C) more particularly described in the survey plat
                    and legal description on file in--
                              (i) the office of the Chief of the Forest
                          Service, Washington, DC; and
                              (ii) the office of the Intermountain Regional
                          Forester, Ogden, Utah.
                (2) Land designated for inclusion.--The term ``land
            designated for inclusion'' means the parcel of National Forest
            System land that is--
                        (A) comprised of approximately 10.2 acres of land;
                        (B) located in unsurveyed section 22, T. 14 N., R.
                    13 E., Boise Meridian, Custer County, Idaho;
                        (C) generally depicted on the map entitled ``Challis
                    National Forest, T.14 N., R. 13 E., B.M., Custer County,
                    Idaho, Proposed Boundary Change FCRONRW'' and dated
                    September 19, 2007; and
                        (D) more particularly described on the map and legal
                    description on file in--
                              (i) the office of the Chief of the Forest
                          Service, Washington, DC; and
                              (ii) the Intermountain Regional Forester,
                          Ogden, Utah.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.
                (4) Wilderness area.--The term ``wilderness area'' means the
            Frank Church River of No Return Wilderness designated by section
            3 of the Central Idaho Wilderness Act of 1980 (16 U.S.C. 1132
            note; 94 Stat. 948).

        (c) Boundary Adjustment.--
                (1) Adjustment to wilderness area.--
                        (A) Inclusion.--The wilderness area shall include
                    the land designated for inclusion.
                        (B) Exclusion.--The wilderness area shall not
                    include the land designated for exclusion.
                (2) Corrections to legal descriptions.--The Secretary may
            make corrections to the legal descriptions.

        (d) Conveyance of Land Designated for Exclusion.--
                (1) In general.--Subject to paragraph (2), to resolve the
            encroachment on the land designated for exclusion, the Secretary
            may sell for consideration in an amount equal to fair market
            value--
                        (A) the land designated for exclusion; and
                        (B) as the Secretary determines to be necessary, not
                    more than 10 acres of land adjacent to the land
                    designated for exclusion.
                (2) Conditions.--The sale of land under paragraph (1) shall
            be subject to the conditions that--
                        (A) the land to be conveyed be appraised in
                    accordance with the Uniform Appraisal Standards for
                    Federal Land Acquisitions;

    [[Page 123 STAT. 1139]]

                        (B) <<NOTE: Payments.>>  the person buying the land
                    shall pay--
                              (i) the costs associated with appraising and,
                          if the land needs to be resurveyed, resurveying
                          the land; and
                              (ii) any analyses and closing costs associated
                          with the conveyance;
                        (C) for management purposes, the Secretary may
                    reconfigure the description of the land for sale; and
                        (D) the owner of the adjacent private land shall
                    have the first opportunity to buy the land.
                (3) Disposition of proceeds.--
                        (A) In general.--The Secretary shall deposit the
                    cash proceeds from a sale of land under paragraph (1) in
                    the fund established under Public Law 90-171 (commonly
                    known as the ``Sisk Act'') (16 U.S.C. 484a).
                        (B) Availability and use.--Amounts deposited under
                    subparagraph (A)--
                              (i) shall remain available until expended for
                          the acquisition of land for National Forest
                          purposes in the State of Idaho; and
                              (ii) shall not be subject to transfer or
                          reprogramming for--
                                        (I) wildland fire management; or
                                        (II) any other emergency purposes.
    SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT.

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

                 Subtitle E--Colorado Northern Front Range Study

    SEC. 3401. PURPOSE.

        The purpose of this subtitle is to identify options that may be
    available to assist in maintaining the open space characteristics of
    land that is part of the mountain backdrop of communities in the
    northern section of the Front Range area of Colorado.
    SEC. 3402. DEFINITIONS.

        In this subtitle:
                (1) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture, acting through the Chief of the Forest Service.
                (2) State.--The term ``State'' means the State of Colorado.
                (3) Study area.--
                        (A) In general.--The term ``study area'' means the
                    land in southern Boulder, northern Jefferson, and
                    northern Gilpin Counties, Colorado, that is located west
                    of Colorado State Highway 93, south and east of Colorado
                    State Highway 119, and north of Colorado State Highway
                    46, as generally depicted on the map entitled ``Colorado
                    Northern Front Range Mountain Backdrop Protection Study
                    Act: Study Area'' and dated August 27, 2008.

    [[Page 123 STAT. 1140]]

                        (B) Exclusions.--The term ``study area'' does not
                    include land within the city limits of the cities of
                    Arvada, Boulder, or Golden, Colorado.
                (4) Undeveloped land.--The term ``undeveloped land'' means
            land--
                        (A) that is located within the study area;
                        (B) that is free or primarily free of structures;
                    and
                        (C) the development of which is likely to affect
                    adversely the scenic, wildlife, or recreational value of
                    the study area.
    SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP STUDY.

        (a) Study; Report.--Not later than 1 year after the date of
    enactment of this Act and except as provided in subsection (c), the
    Secretary shall--
                (1) conduct a study of the land within the study area; and
                (2) complete a report that--
                        (A) identifies the present ownership of the land
                    within the study area;
                        (B) identifies any undeveloped land that may be at
                    risk of development; and
                        (C) describes any actions that could be taken by the
                    United States, the State, a political subdivision of the
                    State, or any other parties to preserve the open and
                    undeveloped character of the land within the study area.

        (b) Requirements.--The Secretary shall conduct the study and develop
    the report under subsection (a) with the support and participation of 1
    or more of the following State and local entities:
                (1) The Colorado Department of Natural Resources.
                (2) Colorado State Forest Service.
                (3) Colorado State Conservation Board.
                (4) Great Outdoors Colorado.
                (5) Boulder, Jefferson, and Gilpin Counties, Colorado.

        (c) Limitation.--If the State and local entities specified in
    subsection (b) do not support and participate in the conduct of the
    study and the development of the report under this section, the
    Secretary may--
                (1) decrease the area covered by the study area, as
            appropriate; or
                (2)(A) opt not to conduct the study or develop the report;
            and
                (B) <<NOTE: Notice.>>  submit to the Committee on Energy and
            Natural Resources of the Senate and the Committee on Natural
            Resources of the House of Representatives notice of the decision
            not to conduct the study or develop the report.

        (d) Effect.--Nothing in this subtitle authorizes the Secretary to
    take any action that would affect the use of any land not owned by the
    United States.

    [[Page 123 STAT. 1141]]

                     TITLE IV--FOREST LANDSCAPE RESTORATION

    SEC. 4001. <<NOTE: 16 USC 7301.>>  PURPOSE.

        The purpose of this title is to encourage the collaborative,
    science-based ecosystem restoration of priority forest landscapes
    through a process that--
                (1) encourages ecological, economic, and social
            sustainability;
                (2) leverages local resources with national and private
            resources;
                (3) facilitates the reduction of wildfire management costs,
            including through reestablishing natural fire regimes and
            reducing the risk of uncharacteristic wildfire; and
                (4) demonstrates the degree to which--
                        (A) various ecological restoration techniques--
                              (i) achieve ecological and watershed health
                          objectives; and
                              (ii) affect wildfire activity and management
                          costs; and
                        (B) the use of forest restoration byproducts can
                    offset treatment costs while benefitting local rural
                    economies and improving forest health.
    SEC. 4002. <<NOTE: 16 USC 7302.>>  DEFINITIONS.

        In this title:
                (1) Fund.--The term ``Fund'' means the Collaborative Forest
            Landscape Restoration Fund established by section 4003(f).
                (2) Program.--The term ``program'' means the Collaborative
            Forest Landscape Restoration Program established under section
            4003(a).
                (3) Proposal.--The term ``proposal'' means a collaborative
            forest landscape restoration proposal described in section
            4003(b).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture, acting through the Chief of the Forest Service.
                (5) Strategy.--The term ``strategy'' means a landscape
            restoration strategy described in section 4003(b)(1).
    SEC. 4003. <<NOTE: 16 USC 7303.>>  COLLABORATIVE FOREST LANDSCAPE
                              RESTORATION PROGRAM.

        (a) In General.--The Secretary, in consultation with the Secretary
    of the Interior, shall establish a Collaborative Forest Landscape
    Restoration Program to select and fund ecological restoration treatments
    for priority forest landscapes in accordance with--
                (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
            seq.);
                (2) the National Environmental Policy Act of 1969 (42 U.S.C.
            4321 et seq.); and
                (3) any other applicable law.

        (b) Eligibility Criteria.--To be eligible for nomination under
    subsection (c), a collaborative forest landscape restoration proposal
    shall--
                (1) be based on a landscape restoration strategy that--
                        (A) is complete or substantially complete;

    [[Page 123 STAT. 1142]]

                        (B) identifies and prioritizes ecological
                    restoration treatments for a 10-year period within a
                    landscape that is--
                              (i) at least 50,000 acres;
                              (ii) comprised primarily of forested National
                          Forest System land, but may also include land
                          under the jurisdiction of the Bureau of Land
                          Management, land under the jurisdiction of the
                          Bureau of Indian Affairs, or other Federal, State,
                          tribal, or private land;
                              (iii) in need of active ecosystem restoration;
                          and
                              (iv) accessible by existing or proposed wood-
                          processing infrastructure at an appropriate scale
                          to use woody biomass and small-diameter wood
                          removed in ecological restoration treatments;
                        (C) incorporates the best available science and
                    scientific application tools in ecological restoration
                    strategies;
                        (D) fully maintains, or contributes toward the
                    restoration of, the structure and composition of old
                    growth stands according to the pre-fire suppression old
                    growth conditions characteristic of the forest type,
                    taking into account the contribution of the stand to
                    landscape fire adaptation and watershed health and
                    retaining the large trees contributing to old growth
                    structure;
                        (E) would carry out any forest restoration
                    treatments that reduce hazardous fuels by--
                              (i) focusing on small diameter trees,
                          thinning, strategic fuel breaks, and fire use to
                          modify fire behavior, as measured by the projected
                          reduction of uncharacteristically severe wildfire
                          effects for the forest type (such as adverse soil
                          impacts, tree mortality or other impacts); and
                              (ii) maximizing the retention of large trees,
                          as appropriate for the forest type, to the extent
                          that the trees promote fire-resilient stands; and
                        (F)(i) does not include the establishment of
                    permanent roads; and
                        (ii) would commit funding to decommission all
                    temporary roads constructed to carry out the strategy;
                (2) be developed and implemented through a collaborative
            process that--
                        (A) includes multiple interested persons
                    representing diverse interests; and
                        (B)(i) is transparent and nonexclusive; or
                        (ii) meets the requirements for a resource advisory
                    committee under subsections (c) through (f) of section
                    205 of Public Law 106-393 (16 U.S.C. 500 note);
                (3) describe plans to--
                        (A) reduce the risk of uncharacteristic wildfire,
                    including through the use of fire for ecological
                    restoration and maintenance and reestablishing natural
                    fire regimes, where appropriate;
                        (B) improve fish and wildlife habitat, including for
                    endangered, threatened, and sensitive species;
                        (C) maintain or improve water quality and watershed
                    function;
                        (D) prevent, remediate, or control invasions of
                    exotic species;

    [[Page 123 STAT. 1143]]

                        (E) maintain, decommission, and rehabilitate roads
                    and trails;
                        (F) use woody biomass and small-diameter trees
                    produced from projects implementing the strategy;
                        (G) report annually on performance, including
                    through performance measures from the plan entitled the
                    ``10 Year Comprehensive Strategy Implementation Plan''
                    and dated December 2006; and
                        (H) take into account any applicable community
                    wildfire protection plan;
                (4) analyze any anticipated cost savings, including those
            resulting from--
                        (A) reduced wildfire management costs; and
                        (B) a decrease in the unit costs of implementing
                    ecological restoration treatments over time;
                (5) estimate--
                        (A) the annual Federal funding necessary to
                    implement the proposal; and
                        (B) the amount of new non-Federal investment for
                    carrying out the proposal that would be leveraged;
                (6) describe the collaborative process through which the
            proposal was developed, including a description of--
                        (A) participation by or consultation with State,
                    local, and Tribal governments; and
                        (B) any established record of successful
                    collaborative planning and implementation of ecological
                    restoration projects on National Forest System land and
                    other land included in the proposal by the
                    collaborators; and
                (7) benefit local economies by providing local employment or
            training opportunities through contracts, grants, or agreements
            for restoration planning, design, implementation, or monitoring
            with--
                        (A) local private, nonprofit, or cooperative
                    entities;
                        (B) Youth Conservation Corps crews or related
                    partnerships, with State, local, and non-profit youth
                    groups;
                        (C) existing or proposed small or micro-businesses,
                    clusters, or incubators; or
                        (D) other entities that will hire or train local
                    people to complete such contracts, grants, or
                    agreements; and
                (8) be subject to any other requirements that the Secretary,
            in consultation with the Secretary of the Interior, determines
            to be necessary for the efficient and effective administration
            of the program.

        (c) Nomination Process.--
                (1) <<NOTE: Proposal.>>  Submission.--A proposal shall be
            submitted to--
                        (A) the appropriate Regional Forester; and
                        (B) if actions under the jurisdiction of the
                    Secretary of the Interior are proposed, the
                    appropriate--
                              (i) State Director of the Bureau of Land
                          Management;
                              (ii) Regional Director of the Bureau of Indian
                          Affairs; or
                              (iii) other official of the Department of the
                          Interior.
                (2) Nomination.--
                        (A) In general.--A Regional Forester may nominate
                    for selection by the Secretary any proposals that meet
                    the eligibility criteria established by subsection (b).

    [[Page 123 STAT. 1144]]

                        (B) Concurrence.--Any proposal nominated by the
                    Regional Forester that proposes actions under the
                    jurisdiction of the Secretary of the Interior shall
                    include the concurrence of the appropriate--
                              (i) State Director of the Bureau of Land
                          Management;
                              (ii) Regional Director of the Bureau of Indian
                          Affairs; or
                              (iii) other official of the Department of the
                          Interior.
                (3) <<NOTE: Plans.>>  Documentation.--With respect to each
            proposal that is nominated under paragraph (2)--
                        (A) the appropriate Regional Forester shall--
                              (i) include a plan to use Federal funds
                          allocated to the region to fund those costs of
                          planning and carrying out ecological restoration
                          treatments on National Forest System land,
                          consistent with the strategy, that would not be
                          covered by amounts transferred to the Secretary
                          from the Fund; and
                              (ii) provide evidence that amounts proposed to
                          be transferred to the Secretary from the Fund
                          during the first 2 fiscal years following
                          selection would be used to carry out ecological
                          restoration treatments consistent with the
                          strategy during the same fiscal year in which the
                          funds are transferred to the Secretary;
                        (B) if actions under the jurisdiction of the
                    Secretary of the Interior are proposed, the nomination
                    shall include a plan to fund such actions, consistent
                    with the strategy, by the appropriate--
                              (i) State Director of the Bureau of Land
                          Management;
                              (ii) Regional Director of the Bureau of Indian
                          Affairs; or
                              (iii) other official of the Department of the
                          Interior; and
                        (C) if actions on land not under the jurisdiction of
                    the Secretary or the Secretary of the Interior are
                    proposed, the appropriate Regional Forester shall
                    provide evidence that the landowner intends to
                    participate in, and provide appropriate funding to carry
                    out, the actions.

        (d) Selection Process.--
                (1) In general.--After consulting with the advisory panel
            established under subsection (e), the Secretary, in consultation
            with the Secretary of the Interior, shall, subject to paragraph
            (2), select the best proposals that--
                        (A) have been nominated under subsection (c)(2); and
                        (B) meet the eligibility criteria established by
                    subsection (b).
                (2) Criteria.--In selecting proposals under paragraph (1),
            the Secretary shall give special consideration to--
                        (A) the strength of the proposal and strategy;
                        (B) the strength of the ecological case of the
                    proposal and the proposed ecological restoration
                    strategies;
                        (C) the strength of the collaborative process and
                    the likelihood of successful collaboration throughout
                    implementation;
                        (D) whether the proposal is likely to achieve
                    reductions in long-term wildfire management costs;

    [[Page 123 STAT. 1145]]

                        (E) whether the proposal would reduce the relative
                    costs of carrying out ecological restoration treatments
                    as a result of the use of woody biomass and small-
                    diameter trees; and
                        (F) whether an appropriate level of non-Federal
                    investment would be leveraged in carrying out the
                    proposal.
                (3) Limitation.--The Secretary may select not more than--
                        (A) 10 proposals to be funded during any fiscal
                    year;
                        (B) 2 proposals in any 1 region of the National
                    Forest System to be funded during any fiscal year; and
                        (C) the number of proposals that the Secretary
                    determines are likely to receive adequate funding.

        (e) Advisory Panel.--
                (1) <<NOTE: Establishment.>>  In general.--The Secretary
            shall establish and maintain an advisory panel comprised of not
            more than 15 members to evaluate, and provide recommendations
            on, each proposal that has been nominated under subsection
            (c)(2).
                (2) Representation.--The Secretary shall ensure that the
            membership of the advisory panel is fairly balanced in terms of
            the points of view represented and the functions to be performed
            by the advisory panel.
                (3) Inclusion.--The advisory panel shall include experts in
            ecological restoration, fire ecology, fire management, rural
            economic development, strategies for ecological adaptation to
            climate change, fish and wildlife ecology, and woody biomass and
            small-diameter tree utilization.

        (f) Collaborative Forest Landscape Restoration Fund.--
                (1) Establishment.--There is established in the Treasury of
            the United States a fund, to be known as the ``Collaborative
            Forest Landscape Restoration Fund'', to be used to pay up to 50
            percent of the cost of carrying out and monitoring ecological
            restoration treatments on National Forest System land for each
            proposal selected to be carried out under subsection (d).
                (2) Inclusion.--The cost of carrying out ecological
            restoration treatments as provided in paragraph (1) may, as the
            Secretary determines to be appropriate, include cancellation and
            termination costs required to be obligated for contracts to
            carry out ecological restoration treatments on National Forest
            System land for each proposal selected to be carried out under
            subsection (d).
                (3) Contents.--The Fund shall consist of such amounts as are
            appropriated to the Fund under paragraph (6).
                (4) Expenditures from fund.--
                        (A) In general.--On request by the Secretary, the
                    Secretary of the Treasury shall transfer from the Fund
                    to the Secretary such amounts as the Secretary
                    determines are appropriate, in accordance with paragraph
                    (1).
                        (B) Limitation.--The Secretary shall not expend
                    money from the Fund on any 1 proposal--
                              (i) during a period of more than 10 fiscal
                          years; or
                              (ii) in excess of $4,000,000 in any 1 fiscal
                          year.
                (5) Accounting and reporting system.--The Secretary shall
            establish an accounting and reporting system for the Fund.

    [[Page 123 STAT. 1146]]

                (6) Authorization of appropriations.--There is authorized to
            be appropriated to the Fund $40,000,000 for each of fiscal years
            2009 through 2019, to remain available until expended.

        (g) Program Implementation and Monitoring.--
                (1) <<NOTE: Deadline. Budget.>>  Work plan.--Not later than
            180 days after the date on which a proposal is selected to be
            carried out, the Secretary shall create, in collaboration with
            the interested persons, an implementation work plan and budget
            to implement the proposal that includes--
                        (A) a description of the manner in which the
                    proposal would be implemented to achieve ecological and
                    community economic benefit, including capacity building
                    to accomplish restoration;
                        (B) a business plan that addresses--
                              (i) the anticipated unit treatment cost
                          reductions over 10 years;
                              (ii) the anticipated costs for infrastructure
                          needed for the proposal;
                              (iii) the projected sustainability of the
                          supply of woody biomass and small-diameter trees
                          removed in ecological restoration treatments; and
                              (iv) the projected local economic benefits of
                          the proposal;
                        (C) documentation of the non-Federal investment in
                    the priority landscape, including the sources and uses
                    of the investments; and
                        (D) a plan to decommission any temporary roads
                    established to carry out the proposal.
                (2) Project implementation.--Amounts transferred to the
            Secretary from the Fund shall be used to carry out ecological
            restoration treatments that are--
                        (A) consistent with the proposal and strategy; and
                        (B) identified through the collaborative process
                    described in subsection (b)(2).
                (3) Annual report.--The Secretary, in collaboration with the
            Secretary of the Interior and interested persons, shall prepare
            an annual report on the accomplishments of each selected
            proposal that includes--
                        (A) a description of all acres (or other appropriate
                    unit) treated and restored through projects implementing
                    the strategy;
                        (B) an evaluation of progress, including performance
                    measures and how prior year evaluations have contributed
                    to improved project performance;
                        (C) a description of community benefits achieved,
                    including any local economic benefits;
                        (D) the results of the multiparty monitoring,
                    evaluation, and accountability process under paragraph
                    (4); and
                        (E) a summary of the costs of--
                              (i) treatments; and
                              (ii) relevant fire management activities.
                (4) Multiparty monitoring.--The Secretary shall, in
            collaboration with the Secretary of the Interior and interested
            persons, use a multiparty monitoring, evaluation, and
            accountability process to assess the positive or negative
            ecological, social, and economic effects of projects
            implementing a selected

    [[Page 123 STAT. 1147]]

            proposal for not less than 15 years after project implementation
            commences.

        (h) Report.--Not later than 5 years after the first fiscal year in
    which funding is made available to carry out ecological restoration
    projects under the program, and every 5 years thereafter, the Secretary,
    in consultation with the Secretary of the Interior, shall submit a
    report on the program, including an assessment of whether, and to what
    extent, the program is fulfilling the purposes of this title, to--
                (1) the Committee on Energy and Natural Resources of the
            Senate;
                (2) the Committee on Appropriations of the Senate;
                (3) the Committee on Natural Resources of the House of
            Representatives; and
                (4) the Committee on Appropriations of the House of
            Representatives.
    SEC. 4004. <<NOTE: 16 USC 7304.>>  AUTHORIZATION OF
                              APPROPRIATIONS.

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

                           TITLE V--RIVERS AND TRAILS

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

    SEC. 5001. FOSSIL CREEK, ARIZONA.

        Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
    (as amended by section 1852) is amended by adding at the end the
    following:
                ``(205) Fossil creek, arizona.--Approximately 16.8 miles of
            Fossil Creek from the confluence of Sand Rock and Calf Pen
            Canyons to the confluence with the Verde River, to be
            administered by the Secretary of Agriculture in the following
            classes:
                        ``(A) The approximately 2.7-mile segment from the
                    confluence of Sand Rock and Calf Pen Canyons to the
                    point where the segment exits the Fossil Spring
                    Wilderness, as a wild river.
                        ``(B) The approximately 7.5-mile segment from where
                    the segment exits the Fossil Creek Wilderness to the
                    boundary of the Mazatzal Wilderness, as a recreational
                    river.
                        ``(C) The 6.6-mile segment from the boundary of the
                    Mazatzal Wilderness downstream to the confluence with
                    the Verde River, as a wild river.''.
    SEC. 5002. <<NOTE: Craig Thomas Snake Headwaters Legacy Act of
                              2008. 16 USC 1271 note.>>  SNAKE RIVER
                              HEADWATERS, WYOMING.

        (a) Short Title.--This section may be cited as the ``Craig Thomas
    Snake Headwaters Legacy Act of 2008''.
        (b) Findings; Purposes.--
                (1) Findings.--Congress finds that--
                        (A) the headwaters of the Snake River System in
                    northwest Wyoming feature some of the cleanest sources
                    of

    [[Page 123 STAT. 1148]]

                    freshwater, healthiest native trout fisheries, and most
                    intact rivers and streams in the lower 48 States;
                        (B) the rivers and streams of the headwaters of the
                    Snake River System--
                              (i) provide unparalleled fishing, hunting,
                          boating, and other recreational activities for--
                                        (I) local residents; and
                                        (II) millions of visitors from
                                    around the world; and
                              (ii) are national treasures;
                        (C) each year, recreational activities on the rivers
                    and streams of the headwaters of the Snake River System
                    generate millions of dollars for the economies of--
                              (i) Teton County, Wyoming; and
                              (ii) Lincoln County, Wyoming;
                        (D) to ensure that future generations of citizens of
                    the United States enjoy the benefits of the rivers and
                    streams of the headwaters of the Snake River System,
                    Congress should apply the protections provided by the
                    Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to
                    those rivers and streams; and
                        (E) the designation of the rivers and streams of the
                    headwaters of the Snake River System under the Wild and
                    Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify
                    to the citizens of the United States the importance of
                    maintaining the outstanding and remarkable qualities of
                    the Snake River System while--
                              (i) preserving public access to those rivers
                          and streams;
                              (ii) respecting private property rights
                          (including existing water rights); and
                              (iii) continuing to allow historic uses of the
                          rivers and streams.
                (2) Purposes.--The purposes of this section are--
                        (A) to protect for current and future generations of
                    citizens of the United States the outstandingly
                    remarkable scenic, natural, wildlife, fishery,
                    recreational, scientific, historic, and ecological
                    values of the rivers and streams of the headwaters of
                    the Snake River System, while continuing to deliver
                    water and operate and maintain valuable irrigation water
                    infrastructure; and
                        (B) to designate approximately 387.7 miles of the
                    rivers and streams of the headwaters of the Snake River
                    System as additions to the National Wild and Scenic
                    Rivers System.

        (c) <<NOTE: 16 USC 1274 note.>>  Definitions.--In this section:
                (1) Secretary concerned.--The term ``Secretary concerned''
            means--
                        (A) the Secretary of Agriculture (acting through the
                    Chief of the Forest Service), with respect to each river
                    segment described in paragraph (205) of section 3(a) of
                    the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
                    added by subsection (d)) that is not located in--
                              (i) Grand Teton National Park;
                              (ii) Yellowstone National Park;
                              (iii) the John D. Rockefeller, Jr. Memorial
                          Parkway; or
                              (iv) the National Elk Refuge; and

    [[Page 123 STAT. 1149]]

                        (B) the Secretary of the Interior, with respect to
                    each river segment described in paragraph (205) of
                    section 3(a) of the Wild and Scenic Rivers Act (16
                    U.S.C. 1274(a)) (as added by subsection (d)) that is
                    located in--
                              (i) Grand Teton National Park;
                              (ii) Yellowstone National Park;
                              (iii) the John D. Rockefeller, Jr. Memorial
                          Parkway; or
                              (iv) the National Elk Refuge.
                (2) State.--The term ``State'' means the State of Wyoming.

        (d) Wild and Scenic River Designations, Snake River Headwaters,
    Wyoming.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
    1274(a)) (as amended by section 5001) is amended by adding at the end
    the following:
                ``(206) Snake river headwaters, wyoming.--The following
            segments of the Snake River System, in the State of Wyoming:
                        ``(A) Bailey creek.--The 7-mile segment of Bailey
                    Creek, from the divide with the Little Greys River north
                    to its confluence with the Snake River, as a wild river.
                        ``(B) Blackrock creek.--The 22-mile segment from its
                    source to the Bridger-Teton National Forest boundary, as
                    a scenic river.
                        ``(C) Buffalo fork of the snake river.--The portions
                    of the Buffalo Fork of the Snake River, consisting of--
                              ``(i) the 55-mile segment consisting of the
                          North Fork, the Soda Fork, and the South Fork,
                          upstream from Turpin Meadows, as a wild river;
                              ``(ii) the 14-mile segment from Turpin Meadows
                          to the upstream boundary of Grand Teton National
                          Park, as a scenic river; and
                              ``(iii) the 7.7-mile segment from the upstream
                          boundary of Grand Teton National Park to its
                          confluence with the Snake River, as a scenic
                          river.
                        ``(D) Crystal creek.--The portions of Crystal Creek,
                    consisting of--
                              ``(i) the 14-mile segment from its source to
                          the Gros Ventre Wilderness boundary, as a wild
                          river; and
                              ``(ii) the 5-mile segment from the Gros Ventre
                          Wilderness boundary to its confluence with the
                          Gros Ventre River, as a scenic river.
                        ``(E) Granite creek.--The portions of Granite Creek,
                    consisting of--
                              ``(i) the 12-mile segment from its source to
                          the end of Granite Creek Road, as a wild river;
                          and
                              ``(ii) the 9.5-mile segment from Granite Hot
                          Springs to the point 1 mile upstream from its
                          confluence with the Hoback River, as a scenic
                          river.
                        ``(F) Gros ventre river.--The portions of the Gros
                    Ventre River, consisting of--
                              ``(i) the 16.5-mile segment from its source to
                          Darwin Ranch, as a wild river;
                              ``(ii) the 39-mile segment from Darwin Ranch
                          to the upstream boundary of Grand Teton National
                          Park, excluding the section along Lower Slide
                          Lake, as a scenic river; and

    [[Page 123 STAT. 1150]]

                              ``(iii) the 3.3-mile segment flowing across
                          the southern boundary of Grand Teton National Park
                          to the Highlands Drive Loop Bridge, as a scenic
                          river.
                        ``(G) Hoback river.--The 10-mile segment from the
                    point 10 miles upstream from its confluence with the
                    Snake River to its confluence with the Snake River, as a
                    recreational river.
                        ``(H) Lewis river.--The portions of the Lewis River,
                    consisting of--
                              ``(i) the 5-mile segment from Shoshone Lake to
                          Lewis Lake, as a wild river; and
                              ``(ii) the 12-mile segment from the outlet of
                          Lewis Lake to its confluence with the Snake River,
                          as a scenic river.
                        ``(I) Pacific creek.--The portions of Pacific Creek,
                    consisting of--
                              ``(i) the 22.5-mile segment from its source to
                          the Teton Wilderness boundary, as a wild river;
                          and
                              ``(ii) the 11-mile segment from the Wilderness
                          boundary to its confluence with the Snake River,
                          as a scenic river.
                        ``(J) Shoal creek.--The 8-mile segment from its
                    source to the point 8 miles downstream from its source,
                    as a wild river.
                        ``(K) Snake river.--The portions of the Snake River,
                    consisting of--
                              ``(i) the 47-mile segment from its source to
                          Jackson Lake, as a wild river;
                              ``(ii) the 24.8-mile segment from 1 mile
                          downstream of Jackson Lake Dam to 1 mile
                          downstream of the Teton Park Road bridge at Moose,
                          Wyoming, as a scenic river; and
                              ``(iii) the 19-mile segment from the mouth of
                          the Hoback River to the point 1 mile upstream from
                          the Highway 89 bridge at Alpine Junction, as a
                          recreational river, the boundary of the western
                          edge of the corridor for the portion of the
                          segment extending from the point 3.3 miles
                          downstream of the mouth of the Hoback River to the
                          point 4 miles downstream of the mouth of the
                          Hoback River being the ordinary high water mark.
                        ``(L) Willow creek.--The 16.2-mile segment from the
                    point 16.2 miles upstream from its confluence with the
                    Hoback River to its confluence with the Hoback River, as
                    a wild river.
                        ``(M) Wolf creek.--The 7-mile segment from its
                    source to its confluence with the Snake River, as a wild
                    river.''.

        (e) <<NOTE: 16 USC 1274 note.>>  Management.--
                (1) In general.--Each river segment described in paragraph
            (205) of section 3(a) of the Wild and Scenic Rivers Act (16
            U.S.C. 1274(a)) (as added by subsection (d)) shall be managed by
            the Secretary concerned.
                (2) Management plan.--
                        (A) <<NOTE: Deadline.>>  In general.--In accordance
                    with subparagraph (A), not later than 3 years after the
                    date of enactment of this Act, the Secretary concerned
                    shall develop a management plan for each river segment
                    described in paragraph

    [[Page 123 STAT. 1151]]

                    (205) of section 3(a) of the Wild and Scenic Rivers Act
                    (16 U.S.C. 1274(a)) (as added by subsection (d)) that is
                    located in an area under the jurisdiction of the
                    Secretary concerned.
                        (B) Required component.--Each management plan
                    developed by the Secretary concerned under subparagraph
                    (A) shall contain, with respect to the river segment
                    that is the subject of the plan, a section that contains
                    an analysis and description of the availability and
                    compatibility of future development with the wild and
                    scenic character of the river segment (with particular
                    emphasis on each river segment that contains 1 or more
                    parcels of private land).
                (3) Quantification of water rights reserved by river
            segments.--
                        (A) The Secretary concerned shall apply for the
                    quantification of the water rights reserved by each
                    river segment designated by this section in accordance
                    with the procedural requirements of the laws of the
                    State of Wyoming.
                        (B) For the purpose of the quantification of water
                    rights under this subsection, with respect to each Wild
                    and Scenic River segment designated by this section--
                              (i) the purposes for which the segments are
                          designated, as set forth in this section, are
                          declared to be beneficial uses; and
                              (ii) the priority date of such right shall be
                          the date of enactment of this Act.
                (4) Stream gauges.--Consistent with the Wild and Scenic
            Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry out
            activities at United States Geological Survey stream gauges that
            are located on the Snake River (including tributaries of the
            Snake River), including flow measurements and operation,
            maintenance, and replacement.
                (5) Consent of property owner.--No property or interest in
            property located within the boundaries of any river segment
            described in paragraph (205) of section 3(a) of the Wild and
            Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
            (d)) may be acquired by the Secretary without the consent of the
            owner of the property or interest in property.
                (6) Effect of designations.--
                        (A) In general.--Nothing in this section affects
                    valid existing rights, including--
                              (i) all interstate water compacts in existence
                          on the date of enactment of this Act (including
                          full development of any apportionment made in
                          accordance with the compacts);
                              (ii) water rights in the States of Idaho and
                          Wyoming; and
                              (iii) water rights held by the United States.
                        (B) Jackson lake; jackson lake dam.--Nothing in this
                    section shall affect the management and operation of
                    Jackson Lake or Jackson Lake Dam, including the storage,
                    management, and release of water.

        (f) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.

    [[Page 123 STAT. 1152]]

    SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.

        (a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16
    U.S.C. 1274(a)) (as amended by section 5002(d)) is amended by adding at
    the end the following:
                ``(207) Taunton river, massachusetts.--The main stem of the
            Taunton River from its headwaters at the confluence of the Town
            and Matfield Rivers in the Town of Bridgewater downstream 40
            miles to the confluence with the Quequechan River at the Route
            195 Bridge in the City of Fall River, to be administered by the
            Secretary of the Interior in cooperation with the Taunton River
            Stewardship Council as follows:
                        ``(A) The 18-mile segment from the confluence of the
                    Town and Matfield Rivers to Route 24 in the Town of
                    Raynham, as a scenic river.
                        ``(B) The 5-mile segment from Route 24 to 0.5 miles
                    below Weir Bridge in the City of Taunton, as a
                    recreational river.
                        ``(C) The 8-mile segment from 0.5 miles below Weir
                    Bridge to Muddy Cove in the Town of Dighton, as a scenic
                    river.
                        ``(D) The 9-mile segment from Muddy Cove to the
                    confluence with the Quequechan River at the Route 195
                    Bridge in the City of Fall River, as a recreational
                    river.''.

        (b) <<NOTE: 16 USC 1274 note.>>  Management of Taunton River,
    Massachusetts.--
                (1) Taunton river stewardship plan.--
                        (A) In general.--Each river segment designated by
                    section 3(a)(206) of the Wild and Scenic Rivers Act (as
                    added by subsection (a)) shall be managed in accordance
                    with the Taunton River Stewardship Plan, dated July 2005
                    (including any amendment to the Taunton River
                    Stewardship Plan that the Secretary of the Interior
                    (referred to in this subsection as the ``Secretary'')
                    determines to be consistent with this section).
                        (B) Effect.--The Taunton River Stewardship Plan
                    described in subparagraph (A) shall be considered to
                    satisfy each requirement relating to the comprehensive
                    management plan required under section 3(d) of the Wild
                    and Scenic Rivers Act (16 U.S.C. 1274(d)).
                (2) Cooperative agreements.--To provide for the long-term
            protection, preservation, and enhancement of each river segment
            designated by section 3(a)(206) of the Wild and Scenic Rivers
            Act (as added by subsection (a)), pursuant to sections 10(e) and
            11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)
            and 1282(b)(1)), the Secretary may enter into cooperative
            agreements (which may include provisions for financial and other
            assistance) with--
                        (A) the Commonwealth of Massachusetts (including
                    political subdivisions of the Commonwealth of
                    Massachusetts);
                        (B) the Taunton River Stewardship Council; and
                        (C) any appropriate nonprofit organization, as
                    determined by the Secretary.
                (3) Relation to national park system.--Notwithstanding
            section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
            1281(c)), each river segment designated by section 3(a)(206) of
            the Wild and Scenic Rivers Act (as added by subsection (a))
            shall not be--

    [[Page 123 STAT. 1153]]

                        (A) administered as a unit of the National Park
                    System; or
                        (B) subject to the laws (including regulations) that
                    govern the administration of the National Park System.
                (4) Land management.--
                        (A) Zoning ordinances.--The zoning ordinances
                    adopted by the Towns of Bridgewater, Halifax,
                    Middleborough, Raynham, Berkley, Dighton, Freetown, and
                    Somerset, and the Cities of Taunton and Fall River,
                    Massachusetts (including any provision of the zoning
                    ordinances relating to the conservation of floodplains,
                    wetlands, and watercourses associated with any river
                    segment designated by section 3(a)(206) of the Wild and
                    Scenic Rivers Act (as added by subsection (a))), shall
                    be considered to satisfy each standard and requirement
                    described in section 6(c) of the Wild and Scenic Rivers
                    Act (16 U.S.C. 1277(c)).
                        (B) Villages.--For the purpose of section 6(c) of
                    the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each
                    town described in subparagraph (A) shall be considered
                    to be a village.
                        (C) Acquisition of land.--
                              (i) Limitation of authority of secretary.--
                          With respect to each river segment designated by
                          section 3(a)(206) of the Wild and Scenic Rivers
                          Act (as added by subsection (a)), the Secretary
                          may only acquire parcels of land--
                                        (I) by donation; or
                                        (II) with the consent of the owner
                                    of the parcel of land.
                              (ii) Prohibition relating to acquisition of
                          land by condemnation.--In accordance with section
                          6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
                          1277(c)), with respect to each river segment
                          designated by section 3(a)(206) of the Wild and
                          Scenic Rivers Act (as added by subsection (a)),
                          the Secretary may not acquire any parcel of land
                          by condemnation.

                   Subtitle B--Wild and Scenic Rivers Studies

    SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.

        (a) Designation for Study.--Section 5(a) of the Wild and Scenic
    Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the
    following:
                ``(140) Missisquoi and trout rivers, vermont.--The
            approximately 25-mile segment of the upper Missisquoi from its
            headwaters in Lowell to the Canadian border in North Troy, the
            approximately 25-mile segment from the Canadian border in East
            Richford to Enosburg Falls, and the approximately 20-mile
            segment of the Trout River from its headwaters to its confluence
            with the Missisquoi River.''.

        (b) Study and Report.--Section 5(b) of the Wild and Scenic Rivers
    Act (16 U.S.C. 1276(b)) is amended by adding at the end the following:
                ``(19) Missisquoi and trout rivers, vermont.--Not later than
            3 years after the date on which funds are made available to
            carry out this paragraph, the Secretary of the Interior shall--

    [[Page 123 STAT. 1154]]

                        ``(A) complete the study of the Missisquoi and Trout
                    Rivers, Vermont, described in subsection (a)(140); and
                        ``(B) submit a report describing the results of that
                    study to the appropriate committees of Congress.''.

        (c) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.

               Subtitle C--Additions to the National Trails System

    SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL.

        Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
    is amended by adding at the end the following:
                ``(27) Arizona national scenic trail.--
                        ``(A) In general.--The Arizona National Scenic
                    Trail, extending approximately 807 miles across the
                    State of Arizona from the U.S.-Mexico international
                    border to the Arizona-Utah border, as generally depicted
                    on the map entitled `Arizona National Scenic Trail' and
                    dated December 5, 2007, to be administered by the
                    Secretary of Agriculture, in consultation with the
                    Secretary of the Interior and appropriate State, tribal,
                    and local governmental agencies.
                        ``(B) Availability of map.--The map shall be on file
                    and available for public inspection in appropriate
                    offices of the Forest Service.''.
    SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.

        (a) Authorization and Administration.--Section 5(a) of the National
    Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5201) is
    amended by adding at the end the following:
                ``(28) New england national scenic trail.--The New England
            National Scenic Trail, a continuous trail extending
            approximately 220 miles from the border of New Hampshire in the
            town of Royalston, Massachusetts to Long Island Sound in the
            town of Guilford, Connecticut, as generally depicted on the map
            titled `New England National Scenic Trail Proposed Route',
            numbered T06/80,000, and dated October 2007. The map shall be on
            file and available for public inspection in the appropriate
            offices of the National Park Service. The Secretary of the
            Interior, in consultation with appropriate Federal, State,
            tribal, regional, and local agencies, and other organizations,
            shall administer the trail after considering the recommendations
            of the report titled the `Metacomet Monadnock Mattabesset Trail
            System National Scenic Trail Feasibility Study and Environmental
            Assessment', prepared by the National Park Service, and dated
            Spring 2006. The United States shall not acquire for the trail
            any land or interest in land without the consent of the
            owner.''.

        (b) <<NOTE: 16 USC 1244 note.>>  Management.--The Secretary of the
    Interior (referred to in this section as the ``Secretary'') shall
    consider the actions outlined in the Trail Management Blueprint
    described in the report titled the ``Metacomet Monadnock Mattabesett
    Trail System National Scenic Trail Feasibility Study and Environmental
    Assessment'', prepared by the National Park Service, and dated Spring
    2006, as the framework for management and administration of the New

    [[Page 123 STAT. 1155]]

    England National Scenic Trail. Additional or more detailed plans for
    administration, management, protection, access, maintenance, or
    development of the trail may be developed consistent with the Trail
    Management Blueprint, and as approved by the Secretary.

        (c) <<NOTE: 16 USC 1244 note.>>  Cooperative Agreements.--The
    Secretary is authorized to enter into cooperative agreements with the
    Commonwealth of Massachusetts (and its political subdivisions), the
    State of Connecticut (and its political subdivisions), and other
    regional, local, and private organizations deemed necessary and
    desirable to accomplish cooperative trail administrative, management,
    and protection objectives consistent with the Trail Management
    Blueprint. An agreement under this subsection may include provisions for
    limited financial assistance to encourage participation in the planning,
    acquisition, protection, operation, development, or maintenance of the
    trail.

        (d) <<NOTE: 16 USC 1244 note.>>  Additional Trail Segments.--
    Pursuant to section 6 of the National Trails System Act (16 U.S.C.
    1245), the Secretary is encouraged to work with the State of New
    Hampshire and appropriate local and private organizations to include
    that portion of the Metacomet-Monadnock Trail in New Hampshire (which
    lies between Royalston, Massachusetts and Jaffrey, New Hampshire) as a
    component of the New England National Scenic Trail. Inclusion of this
    segment, as well as other potential side or connecting trails, is
    contingent upon written application to the Secretary by appropriate
    State and local jurisdictions and a finding by the Secretary that trail
    management and administration is consistent with the Trail Management
    Blueprint.
    SEC. 5203. <<NOTE: 16 USC 1244 note.>>  ICE AGE FLOODS NATIONAL
                              GEOLOGIC TRAIL.

        (a) Findings; Purpose.--
                (1) Findings.--Congress finds that--
                        (A) at the end of the last Ice Age, some 12,000 to
                    17,000 years ago, a series of cataclysmic floods
                    occurred in what is now the northwest region of the
                    United States, leaving a lasting mark of dramatic and
                    distinguishing features on the landscape of parts of the
                    States of Montana, Idaho, Washington and Oregon;
                        (B) geological features that have exceptional value
                    and quality to illustrate and interpret this
                    extraordinary natural phenomenon are present on Federal,
                    State, tribal, county, municipal, and private land in
                    the region; and
                        (C) in 2001, a joint study team headed by the
                    National Park Service that included about 70 members
                    from public and private entities completed a study
                    endorsing the establishment of an Ice Age Floods
                    National Geologic Trail--
                              (i) to recognize the national significance of
                          this phenomenon; and
                              (ii) to coordinate public and private sector
                          entities in the presentation of the story of the
                          Ice Age floods.
                (2) <<NOTE: State listing.>>  Purpose.--The purpose of this
            section is to designate the Ice Age Floods National Geologic
            Trail in the States of Montana, Idaho, Washington, and Oregon,
            enabling the public to view, experience, and learn about the
            features and story of the Ice Age floods through the
            collaborative efforts of public and private entities.

        (b) Definitions.--In this section:

    [[Page 123 STAT. 1156]]

                (1) Ice age floods; floods.--The term ``Ice Age floods'' or
            ``floods'' means the cataclysmic floods that occurred in what is
            now the northwestern United States during the last Ice Age from
            massive, rapid and recurring drainage of Glacial Lake Missoula.
                (2) Plan.--The term ``plan'' means the cooperative
            management and interpretation plan authorized under subsection
            (f)(5).
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (4) Trail.--The term ``Trail'' means the Ice Age Floods
            National Geologic Trail designated by subsection (c).

        (c) Designation.--In order to provide for public appreciation,
    understanding, and enjoyment of the nationally significant natural and
    cultural features of the Ice Age floods and to promote collaborative
    efforts for interpretation and education among public and private
    entities located along the pathways of the floods, there is designated
    the Ice Age Floods National Geologic Trail.
        (d) Location.--
                (1) Map.--The route of the Trail shall be as generally
            depicted on the map entitled ``Ice Age Floods National Geologic
            Trail,'' numbered P43/80,000 and dated June 2004.
                (2) Route.--The route shall generally follow public roads
            and highways.
                (3) <<NOTE: Federal Register, publication. Notice.>>
            Revision.--The Secretary may revise the map by publication in
            the Federal Register of a notice of availability of a new map as
            part of the plan.

        (e) Map Availability.--The map referred to in subsection (d)(1)
    shall be on file and available for public inspection in the appropriate
    offices of the National Park Service.
        (f) Administration.--
                (1) In general.--The Secretary, acting through the Director
            of the National Park Service, shall administer the Trail in
            accordance with this section.
                (2) Limitation.--Except as provided in paragraph (6)(B), the
            Trail shall not be considered to be a unit of the National Park
            System.
                (3) Trail management office.--To improve management of the
            Trail and coordinate Trail activities with other public agencies
            and private entities, the Secretary may establish and operate a
            trail management office at a central location within the
            vicinity of the Trail.
                (4) Interpretive facilities.--The Secretary may plan,
            design, and construct interpretive facilities for sites
            associated with the Trail if the facilities are constructed in
            partnership with State, local, tribal, or non-profit entities
            and are consistent with the plan.
                (5) Management plan.--
                        (A) <<NOTE: Deadline.>>  In general.--Not later than
                    3 years after funds are made available to carry out this
                    section, the Secretary shall prepare a cooperative
                    management and interpretation plan for the Trail.
                        (B) Consultation.--The Secretary shall prepare the
                    plan in consultation with--
                              (i) State, local, and tribal governments;
                              (ii) the Ice Age Floods Institute;
                              (iii) private property owners; and
                              (iv) other interested parties.

    [[Page 123 STAT. 1157]]

                        (C) Contents.--The plan shall--
                              (i) confirm and, if appropriate, expand on the
                          inventory of features of the floods contained in
                          the National Park Service study entitled ``Ice Age
                          Floods, Study of Alternatives and Environmental
                          Assessment'' (February 2001) by--
                                        (I) locating features more
                                    accurately;
                                        (II) improving the description of
                                    features; and
                                        (III) reevaluating the features in
                                    terms of their interpretive potential;
                              (ii) review and, if appropriate, modify the
                          map of the Trail referred to in subsection (d)(1);
                              (iii) describe strategies for the coordinated
                          development of the Trail, including an
                          interpretive plan for facilities, waysides,
                          roadside pullouts, exhibits, media, and programs
                          that present the story of the floods to the public
                          effectively; and
                              (iv) identify potential partnering
                          opportunities in the development of interpretive
                          facilities and educational programs to educate the
                          public about the story of the floods.
                (6) Cooperative management.--
                        (A) In general.--In order to facilitate the
                    development of coordinated interpretation, education,
                    resource stewardship, visitor facility development and
                    operation, and scientific research associated with the
                    Trail and to promote more efficient administration of
                    the sites associated with the Trail, the Secretary may
                    enter into cooperative management agreements with
                    appropriate officials in the States of Montana, Idaho,
                    Washington, and Oregon in accordance with the authority
                    provided for units of the National Park System under
                    section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
                        (B) Authority.--For purposes of this paragraph only,
                    the Trail shall be considered a unit of the National
                    Park System.
                (7) Cooperative agreements.--The Secretary may enter into
            cooperative agreements with public or private entities to carry
            out this section.
                (8) Effect on private property rights.--Nothing in this
            section--
                        (A) requires any private property owner to allow
                    public access (including Federal, State, or local
                    government access) to private property; or
                        (B) modifies any provision of Federal, State, or
                    local law with respect to public access to or use of
                    private land.
                (9) Liability.--Designation of the Trail by subsection (c)
            does not create any liability for, or affect any liability under
            any law of, any private property owner with respect to any
            person injured on the private property.

        (g) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section, of
    which not more than $12,000,000 may be used for development of the
    Trail.

    [[Page 123 STAT. 1158]]

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

        Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
    (as amended by section 5202(a)) is amended by adding at the end the
    following:
                ``(29) Washington-rochambeau revolutionary route national
            historic trail.--
                        ``(A) In general.--The Washington-Rochambeau
                    Revolutionary Route National Historic Trail, a corridor
                    of approximately 600 miles following the route taken by
                    the armies of General George Washington and Count
                    Rochambeau between Newport, Rhode Island, and Yorktown,
                    Virginia, in 1781 and 1782, as generally depicted on the
                    map entitled `WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE
                    NATIONAL HISTORIC TRAIL', numbered T01/80,001, and dated
                    June 2007.
                        ``(B) Map.--The map referred to in subparagraph (A)
                    shall be on file and available for public inspection in
                    the appropriate offices of the National Park Service.
                        ``(C) Administration.--The trail shall be
                    administered by the Secretary of the Interior, in
                    consultation with--
                              ``(i) other Federal, State, tribal, regional,
                          and local agencies; and
                              ``(ii) the private sector.
                        ``(D) Land acquisition.--The United States shall not
                    acquire for the trail any land or interest in land
                    outside the exterior boundary of any federally-managed
                    area without the consent of the owner of the land or
                    interest in land.''.
    SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.

        Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
    (as amended by section 5204) is amended by adding at the end the
    following:
                ``(30) Pacific northwest national scenic trail.--
                        ``(A) In general.--The Pacific Northwest National
                    Scenic Trail, a trail of approximately 1,200 miles,
                    extending from the Continental Divide in Glacier
                    National Park, Montana, to the Pacific Ocean Coast in
                    Olympic National Park, Washington, following the route
                    depicted on the map entitled `Pacific Northwest National
                    Scenic Trail: Proposed Trail', numbered T12/80,000, and
                    dated February 2008 (referred to in this paragraph as
                    the `map').
                        ``(B) Availability of map.--The map shall be on file
                    and available for public inspection in the appropriate
                    offices of the Forest Service.
                        ``(C) Administration.--The Pacific Northwest
                    National Scenic Trail shall be administered by the
                    Secretary of Agriculture.
                        ``(D) Land acquisition.--The United States shall not
                    acquire for the Pacific Northwest National Scenic Trail
                    any land or interest in land outside the exterior
                    boundary of any federally-managed area without the
                    consent of the owner of the land or interest in land.''.

    [[Page 123 STAT. 1159]]

    SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL.

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

                  Subtitle D--National Trail System Amendments

    SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY.

        (a) Authority To Acquire Land From Willing Sellers for Certain
    Trails.--
                (1) Oregon national historic trail.--Section 5(a)(3) of the
            National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by
            adding at the end the following: ``No land or interest in land
            outside the exterior boundaries of any federally administered
            area may be acquired by the Federal Government for the trail
            except with the consent of the owner of the land or interest in
            land. The authority of the Federal Government to acquire fee
            title under this paragraph shall be limited to an average of not
            more than \1/4\ mile on either side of the trail.''.
                (2) Mormon pioneer national historic trail.--Section 5(a)(4)
            of the National Trails System Act (16 U.S.C. 1244(a)(4)) is
            amended by adding at the end the following: ``No land or
            interest in land outside the exterior boundaries of any
            federally administered area may be acquired by the Federal
            Government for the trail except with the consent of the owner of
            the land or interest in land. The authority of the Federal
            Government to acquire fee title under this paragraph shall be
            limited to

    [[Page 123 STAT. 1160]]

            an average of not more than \1/4\ mile on either side of the
            trail.''.
                (3) Continental divide national scenic trail.--Section
            5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5))
            is amended by adding at the end the following: ``No land or
            interest in land outside the exterior boundaries of any
            federally administered area may be acquired by the Federal
            Government for the trail except with the consent of the owner of
            the land or interest in land. The authority of the Federal
            Government to acquire fee title under this paragraph shall be
            limited to an average of not more than \1/4\ mile on either side
            of the trail.''.
                (4) Lewis and clark national historic trail.--Section
            5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6))
            is amended by adding at the end the following: ``No land or
            interest in land outside the exterior boundaries of any
            federally administered area may be acquired by the Federal
            Government for the trail except with the consent of the owner of
            the land or interest in land. The authority of the Federal
            Government to acquire fee title under this paragraph shall be
            limited to an average of not more than \1/4\ mile on either side
            of the trail.''.
                (5) Iditarod national historic trail.--Section 5(a)(7) of
            the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended
            by adding at the end the following: ``No land or interest in
            land outside the exterior boundaries of any federally
            administered area may be acquired by the Federal Government for
            the trail except with the consent of the owner of the land or
            interest in land. The authority of the Federal Government to
            acquire fee title under this paragraph shall be limited to an
            average of not more than \1/4\ mile on either side of the
            trail.''.
                (6) North country national scenic trail.--Section 5(a)(8) of
            the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended
            by adding at the end the following: ``No land or interest in
            land outside the exterior boundaries of any federally
            administered area may be acquired by the Federal Government for
            the trail except with the consent of the owner of the land or
            interest in land.''.
                (7) Ice age national scenic trail.--Section 5(a)(10) of the
            National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by
            adding at the end the following: ``No land or interest in land
            outside the exterior boundaries of any federally administered
            area may be acquired by the Federal Government for the trail
            except with the consent of the owner of the land or interest in
            land.''.
                (8) Potomac heritage national scenic trail.--Section
            5(a)(11) of the National Trails System Act (16 U.S.C.
            1244(a)(11)) is amended--
                        (A) by striking the fourth and fifth sentences; and
                        (B) by adding at the end the following: ``No land or
                    interest in land outside the exterior boundaries of any
                    federally administered area may be acquired by the
                    Federal Government for the trail except with the consent
                    of the owner of the land or interest in land.''.

    [[Page 123 STAT. 1161]]

                (9) Nez perce national historic trail.--Section 5(a)(14) of
            the National Trails System Act (16 U.S.C. 1244(a)(14)) is
            amended--
                        (A) by striking the fourth and fifth sentences; and
                        (B) by adding at the end the following: ``No land or
                    interest in land outside the exterior boundaries of any
                    federally administered area may be acquired by the
                    Federal Government for the trail except with the consent
                    of the owner of the land or interest in land. The
                    authority of the Federal Government to acquire fee title
                    under this paragraph shall be limited to an average of
                    not more than \1/4\ mile on either side of the trail.''.

        (b) Conforming Amendment.--Section 10 of the National Trails System
    Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting
    the following:
        ``(c) Authorization of Appropriations.--
                ``(1) In general.--Except as otherwise provided in this Act,
            there are authorized to be appropriated such sums as are
            necessary to implement the provisions of this Act relating to
            the trails designated by section 5(a).
                ``(2) Natchez trace national scenic trail.--
                        ``(A) In general.--With respect to the Natchez Trace
                    National Scenic Trail (referred to in this paragraph as
                    the `trail') designated by section 5(a)(12)--
                              ``(i) not more than $500,000 shall be
                          appropriated for the acquisition of land or
                          interests in land for the trail; and
                              ``(ii) not more than $2,000,000 shall be
                          appropriated for the development of the trail.
                        ``(B) Participation by volunteer trail groups.--The
                    administering agency for the trail shall encourage
                    volunteer trail groups to participate in the development
                    of the trail.''.
    SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF
                              EXISTING NATIONAL HISTORIC TRAILS.

        Section 5 of the National Trails System Act (16 U.S.C. 1244) is
    amended by adding at the end the following:
        ``(g) Revision of Feasibility and Suitability Studies of Existing
    National Historic Trails.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Route.--The term `route' includes a trail
                    segment commonly known as a cutoff.
                        ``(B) Shared route.--The term `shared route' means a
                    route that was a segment of more than 1 historic trail,
                    including a route shared with an existing national
                    historic trail.
                ``(2) Requirements for revision.--
                        ``(A) In general.--The Secretary of the Interior
                    shall revise the feasibility and suitability studies for
                    certain national trails for consideration of possible
                    additions to the trails.
                        ``(B) <<NOTE: Applicability.>>  Study requirements
                    and objectives.--The study requirements and objectives
                    specified in subsection (b) shall apply to a study
                    required by this subsection.
                        ``(C) <<NOTE: Deadline.>>  Completion and submission
                    of study.--A study listed in this subsection shall be
                    completed and submitted

    [[Page 123 STAT. 1162]]

                    to Congress not later than 3 complete fiscal years from
                    the date funds are made available for the study.
                ``(3) Oregon national historic trail.--
                        ``(A) Study required.--The Secretary of the Interior
                    shall undertake a study of the routes of the Oregon
                    Trail listed in subparagraph (B) and generally depicted
                    on the map entitled `Western Emigrant Trails 1830/1870'
                    and dated 1991/1993, and of such other routes of the
                    Oregon Trail that the Secretary considers appropriate,
                    to determine the feasibility and suitability of
                    designation of 1 or more of the routes as components of
                    the Oregon National Historic Trail.
                        ``(B) Covered routes.--The routes to be studied
                    under subparagraph (A) shall include the following:
                              ``(i) Whitman Mission route.
                              ``(ii) Upper Columbia River.
                              ``(iii) Cowlitz River route.
                              ``(iv) Meek cutoff.
                              ``(v) Free Emigrant Road.
                              ``(vi) North Alternate Oregon Trail.
                              ``(vii) Goodale's cutoff.
                              ``(viii) North Side alternate route.
                              ``(ix) Cutoff to Barlow road.
                              ``(x) Naches Pass Trail.
                ``(4) Pony express national historic trail.--The Secretary
            of the Interior shall undertake a study of the approximately 20-
            mile southern alternative route of the Pony Express Trail from
            Wathena, Kansas, to Troy, Kansas, and such other routes of the
            Pony Express Trail that the Secretary considers appropriate, to
            determine the feasibility and suitability of designation of 1 or
            more of the routes as components of the Pony Express National
            Historic Trail.
                ``(5) California national historic trail.--
                        ``(A) Study required.--The Secretary of the Interior
                    shall undertake a study of the Missouri Valley, central,
                    and western routes of the California Trail listed in
                    subparagraph (B) and generally depicted on the map
                    entitled `Western Emigrant Trails 1830/1870' and dated
                    1991/1993, and of such other and shared Missouri Valley,
                    central, and western routes that the Secretary considers
                    appropriate, to determine the feasibility and
                    suitability of designation of 1 or more of the routes as
                    components of the California National Historic Trail.
                        ``(B) Covered routes.--The routes to be studied
                    under subparagraph (A) shall include the following:
                              ``(i) Missouri valley routes.--
                                        ``(I) Blue Mills-Independence Road.
                                        ``(II) Westport Landing Road.
                                        ``(III) Westport-Lawrence Road.
                                        ``(IV) Fort Leavenworth-Blue River
                                    route.
                                        ``(V) Road to Amazonia.
                                        ``(VI) Union Ferry Route.
                                        ``(VII) Old Wyoming-Nebraska City
                                    cutoff.
                                        ``(VIII) Lower Plattsmouth Route.
                                        ``(IX) Lower Bellevue Route.
                                        ``(X) Woodbury cutoff.
                                        ``(XI) Blue Ridge cutoff.

    [[Page 123 STAT. 1163]]

                                        ``(XII) Westport Road.
                                        ``(XIII) Gum Springs-Fort
                                    Leavenworth route.
                                        ``(XIV) Atchison/Independence Creek
                                    routes.
                                        ``(XV) Fort Leavenworth-Kansas River
                                    route.
                                        ``(XVI) Nebraska City cutoff routes.
                                        ``(XVII) Minersville-Nebraska City
                                    Road.
                                        ``(XVIII) Upper Plattsmouth route.
                                        ``(XIX) Upper Bellevue route.
                              ``(ii) Central routes.--
                                        ``(I) Cherokee Trail, including
                                    splits.
                                        ``(II) Weber Canyon route of
                                    Hastings cutoff.
                                        ``(III) Bishop Creek cutoff.
                                        ``(IV) McAuley cutoff.
                                        ``(V) Diamond Springs cutoff.
                                        ``(VI) Secret Pass.
                                        ``(VII) Greenhorn cutoff.
                                        ``(VIII) Central Overland Trail.
                              ``(iii) Western routes.--
                                        ``(I) Bidwell-Bartleson route.
                                        ``(II) Georgetown/Dagget Pass Trail.
                                        ``(III) Big Trees Road.
                                        ``(IV) Grizzly Flat cutoff.
                                        ``(V) Nevada City Road.
                                        ``(VI) Yreka Trail.
                                        ``(VII) Henness Pass route.
                                        ``(VIII) Johnson cutoff.
                                        ``(IX) Luther Pass Trail.
                                        ``(X) Volcano Road.
                                        ``(XI) Sacramento-Coloma Wagon Road.
                                        ``(XII) Burnett cutoff.
                                        ``(XIII) Placer County Road to
                                    Auburn.
                ``(6) Mormon pioneer national historic trail.--
                        ``(A) Study required.--The Secretary of the Interior
                    shall undertake a study of the routes of the Mormon
                    Pioneer Trail listed in subparagraph (B) and generally
                    depicted in the map entitled `Western Emigrant Trails
                    1830/1870' and dated 1991/1993, and of such other routes
                    of the Mormon Pioneer Trail that the Secretary considers
                    appropriate, to determine the feasibility and
                    suitability of designation of 1 or more of the routes as
                    components of the Mormon Pioneer National Historic
                    Trail.
                        ``(B) Covered routes.--The routes to be studied
                    under subparagraph (A) shall include the following:
                              ``(i) 1846 Subsequent routes A and B (Lucas
                          and Clarke Counties, Iowa).
                              ``(ii) 1856-57 Handcart route (Iowa City to
                          Council Bluffs).
                              ``(iii) Keokuk route (Iowa).
                              ``(iv) 1847 Alternative Elkhorn and Loup River
                          Crossings in Nebraska.
                              ``(v) Fort Leavenworth Road; Ox Bow route and
                          alternates in Kansas and Missouri (Oregon and
                          California Trail routes used by Mormon emigrants).
                              ``(vi) 1850 Golden Pass Road in Utah.
                ``(7) Shared california and oregon trail routes.--

    [[Page 123 STAT. 1164]]

                        ``(A) Study required.--The Secretary of the Interior
                    shall undertake a study of the shared routes of the
                    California Trail and Oregon Trail listed in subparagraph
                    (B) and generally depicted on the map entitled `Western
                    Emigrant Trails 1830/1870' and dated 1991/1993, and of
                    such other shared routes that the Secretary considers
                    appropriate, to determine the feasibility and
                    suitability of designation of 1 or more of the routes as
                    shared components of the California National Historic
                    Trail and the Oregon National Historic Trail.
                        ``(B) Covered routes.--The routes to be studied
                    under subparagraph (A) shall include the following:
                              ``(i) St. Joe Road.
                              ``(ii) Council Bluffs Road.
                              ``(iii) Sublette cutoff.
                              ``(iv) Applegate route.
                              ``(v) Old Fort Kearny Road (Oxbow Trail).
                              ``(vi) Childs cutoff.
                              ``(vii) Raft River to Applegate.''.
    SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES.

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

                           Subtitle E--Effect of Title

    SEC. 5401. <<NOTE: 16 USC 1244 note.>>  EFFECT.

        (a) Effect on Access for Recreational Activities.--Nothing in this
    title shall be construed as affecting access for recreational

    [[Page 123 STAT. 1165]]

    activities otherwise allowed by law or regulation, including hunting,
    fishing, or trapping.
        (b) Effect on State Authority.--Nothing in this title 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 VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS

              Subtitle A--Cooperative Watershed Management Program

    SEC. 6001. <<NOTE: 16 USC 1015.>>  DEFINITIONS.

        In this subtitle:
                (1) Affected stakeholder.--The term ``affected stakeholder''
            means an entity that significantly affects, or is significantly
            affected by, the quality or quantity of water in a watershed, as
            determined by the Secretary.
                (2) Grant recipient.--The term ``grant recipient'' means a
            watershed group that the Secretary has selected to receive a
            grant under section 6002(c)(2).
                (3) Program.--The term ``program'' means the Cooperative
            Watershed Management Program established by the Secretary under
            section 6002(a).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (5) Watershed group.--The term ``watershed group'' means a
            self-sustaining, cooperative watershed-wide group that--
                        (A) is comprised of representatives of the affected
                    stakeholders of the relevant watershed;
                        (B) incorporates the perspectives of a diverse array
                    of stakeholders, including, to the maximum extent
                    practicable--
                              (i) representatives of--
                                        (I) hydroelectric production;
                                        (II) livestock grazing;
                                        (III) timber production;
                                        (IV) land development;
                                        (V) recreation or tourism;
                                        (VI) irrigated agricultural
                                    production;
                                        (VII) the environment;
                                        (VIII) potable water purveyors and
                                    industrial water users; and
                                        (IX) private property owners within
                                    the watershed;
                              (ii) any Federal agency that has authority
                          with respect to the watershed;
                              (iii) any State agency that has authority with
                          respect to the watershed;
                              (iv) any local agency that has authority with
                          respect to the watershed; and
                              (v) any Indian tribe that--

    [[Page 123 STAT. 1166]]

                                        (I) owns land within the watershed;
                                    or
                                        (II) has land in the watershed that
                                    is held in trust;
                        (C) is a grassroots, nonregulatory entity that
                    addresses water availability and quality issues within
                    the relevant watershed;
                        (D) is capable of promoting the sustainable use of
                    the water resources of the relevant watershed and
                    improving the functioning condition of rivers and
                    streams through--
                              (i) water conservation;
                              (ii) improved water quality;
                              (iii) ecological resiliency; and
                              (iv) the reduction of water conflicts; and
                        (E) makes decisions on a consensus basis, as defined
                    in the bylaws of the watershed group.
                (6) Watershed management project.--The term ``watershed
            management project'' means any project (including a
            demonstration project) that--
                        (A) enhances water conservation, including
                    alternative water uses;
                        (B) improves water quality;
                        (C) improves ecological resiliency of a river or
                    stream;
                        (D) reduces the potential for water conflicts; or
                        (E) advances any other goals associated with water
                    quality or quantity that the Secretary determines to be
                    appropriate.
    SEC. 6002. <<NOTE: 16 USC 1015a.>>  PROGRAM.

        (a) <<NOTE: Deadline. Grants.>>  Establishment.--Not later than 180
    days after the date of enactment of this Act, the Secretary shall
    establish a program, to be known as the ``Cooperative Watershed
    Management Program'', under which the Secretary shall provide grants--
                (1)(A) to form a watershed group; or
                (B) to enlarge a watershed group; and
                (2) to conduct 1 or more projects in accordance with the
            goals of a watershed group.

        (b) Application.--
                (1) Establishment of application process; criteria.--Not
            later <<NOTE: Deadline.>>  than 1 year after the date of
            enactment of this Act, the Secretary shall establish--
                        (A) an application process for the program; and
                        (B) in consultation with the States, prioritization
                    and eligibility criteria for considering applications
                    submitted in accordance with the application process.

        (c) Distribution of Grant Funds.--
                (1) In general.--In distributing grant funds under this
            section, the Secretary--
                        (A) shall comply with paragraph (2); and
                        (B) may give priority to watershed groups that--
                              (i) represent maximum diversity of interests;
                          or
                              (ii) serve subbasin-sized watersheds with an
                          8-digit hydrologic unit code, as defined by the
                          United States Geological Survey.
                (2) Funding procedure.--
                        (A) First phase.--

    [[Page 123 STAT. 1167]]

                              (i) In general.--The Secretary may provide to
                          a grant recipient a first-phase grant in an amount
                          not greater than $100,000 each year for a period
                          of not more than 3 years.
                              (ii) Mandatory use of funds.--A grant
                          recipient that receives a first-phase grant shall
                          use the funds--
                                        (I) to establish or enlarge a
                                    watershed group;
                                        (II) to develop a mission statement
                                    for the watershed group;
                                        (III) to develop project concepts;
                                    and
                                        (IV) to develop a restoration plan.
                              (iii) Annual determination of eligibility.--
                                        (I) <<NOTE: Deadline.>>
                                    Determination.--For each year of a
                                    first-phase grant, not later than 270
                                    days after the date on which a grant
                                    recipient first receives grant funds for
                                    the year, the Secretary shall determine
                                    whether the grant recipient has made
                                    sufficient progress during the year to
                                    justify additional funding.
                                        (II) Effect of determination.--If
                                    the Secretary determines under subclause
                                    (I) that the progress of a grant
                                    recipient during the year covered by the
                                    determination justifies additional
                                    funding, the Secretary shall provide to
                                    the grant recipient grant funds for the
                                    following year.
                              (iv) Advancement conditions.--A grant
                          recipient shall not be eligible to receive a
                          second-phase grant under subparagraph (B) until
                          the date on which the Secretary determines that
                          the watershed group--
                                        (I) has approved articles of
                                    incorporation and bylaws governing the
                                    organization; and
                                        (II)(aa) holds regular meetings;
                                        (bb) has completed a mission
                                    statement; and
                                        (cc) has developed a restoration
                                    plan and project concepts for the
                                    watershed.
                              (v) Exception.--A watershed group that has not
                          applied for or received first-phase grants may
                          apply for and receive second-phase grants under
                          subparagraph (B) if the Secretary determines that
                          the group has satisfied the requirements of first-
                          phase grants.
                        (B) Second phase.--
                              (i) In general.--A watershed group may apply
                          for and receive second-phase grants of $1,000,000
                          each year for a period of not more than 4 years
                          if--
                                        (I) the watershed group has applied
                                    for and received watershed grants under
                                    subparagraph (A); or
                                        (II) the Secretary determines that
                                    the watershed group has satisfied the
                                    requirements of first-phase grants.
                              (ii) Mandatory use of funds.--A grant
                          recipient that receives a second-phase grant shall
                          use the funds to plan and carry out watershed
                          management projects.
                              (iii) Annual determination of eligibility.--
                                        (I) <<NOTE: Deadline.>>
                                    Determination.--For each year of the
                                    second-phase grant, not later than 270
                                    days after the date on which a grant
                                    recipient first receives

    [[Page 123 STAT. 1168]]

                                    grant funds for the year, the Secretary
                                    shall determine whether the grant
                                    recipient has made sufficient progress
                                    during the year to justify additional
                                    funding.
                                        (II) Effect of determination.--If
                                    the Secretary determines under subclause
                                    (I) that the progress of a grant
                                    recipient during the year justifies
                                    additional funding, the Secretary shall
                                    provide to the grant recipient grant
                                    funds for the following year.
                              (iv) Advancement condition.--A grant recipient
                          shall not be eligible to receive a third-phase
                          grant under subparagraph (C) until the date on
                          which the Secretary determines that the grant
                          recipient has--
                                        (I) completed each requirement of
                                    the second-phase grant; and
                                        (II) demonstrated that 1 or more
                                    pilot projects of the grant recipient
                                    have resulted in demonstrable
                                    improvements, as determined by the
                                    Secretary, in the functioning condition
                                    of at least 1 river or stream in the
                                    watershed.
                        (C) Third phase.--
                              (i) Funding limitation.--
                                        (I) In general.--Except as provided
                                    in subclause (II), the Secretary may
                                    provide to a grant recipient a third-
                                    phase grant in an amount not greater
                                    than $5,000,000 for a period of not more
                                    than 5 years.
                                        (II) Exception.--The Secretary may
                                    provide to a grant recipient a third-
                                    phase grant in an amount that is greater
                                    than the amount described in subclause
                                    (I) if the Secretary determines that the
                                    grant recipient is capable of using the
                                    additional amount to further the
                                    purposes of the program in a way that
                                    could not otherwise be achieved by the
                                    grant recipient using the amount
                                    described in subclause (I).
                              (ii) Mandatory use of funds.--A grant
                          recipient that receives a third-phase grant shall
                          use the funds to plan and carry out at least 1
                          watershed management project.
                (3) Authorizing use of funds for administrative and other
            costs.--A grant recipient that receives a grant under this
            section may use the funds--
                        (A) to pay for--
                              (i) administrative and coordination costs, if
                          the costs are not greater than the lesser of--
                                        (I) 20 percent of the total amount
                                    of the grant; or
                                        (II) $100,000;
                              (ii) the salary of not more than 1 full-time
                          employee of the watershed group; and
                              (iii) any legal fees arising from the
                          establishment of the relevant watershed group; and
                        (B) to fund--
                              (i) water quality and quantity studies of the
                          relevant watershed; and

    [[Page 123 STAT. 1169]]

                              (ii) the planning, design, and implementation
                          of any projects relating to water quality or
                          quantity.

        (d) Cost Share.--
                (1) Planning.--The Federal share of the cost of an activity
            provided assistance through a first-phase grant shall be 100
            percent.
                (2) Projects carried out under second phase.--
                        (A) In general.--The Federal share of the cost of
                    any activity of a watershed management project provided
                    assistance through a second-phase grant shall not exceed
                    50 percent of the total cost of the activity.
                        (B) Form of non-federal share.--The non-Federal
                    share under subparagraph (A) may be in the form of in-
                    kind contributions.
                (3) Projects carried out under third phase.--
                        (A) In general.--The Federal share of the costs of
                    any activity of a watershed group of a grant recipient
                    relating to a watershed management project provided
                    assistance through a third-phase grant shall not exceed
                    50 percent of the total costs of the watershed
                    management project.
                        (B) Form of non-federal share.--The non-Federal
                    share under subparagraph (A) may be in the form of in-
                    kind contributions.

        (e) Annual Reports.--
                (1) In general.--Not later than 1 year after the date on
            which a grant recipient first receives funds under this section,
            and annually thereafter, in accordance with paragraph (2), the
            watershed group shall submit to the Secretary a report that
            describes the progress of the watershed group.
                (2) Required degree of detail.--The contents of an annual
            report required under paragraph (1) shall contain sufficient
            information to enable the Secretary to complete each report
            required under subsection (f), as determined by the Secretary.

        (f) Report.--Not later than 5 years after the date of enactment of
    this Act, and every 5 years thereafter, the Secretary shall submit to
    the Committee on Energy and Natural Resources of the Senate and the
    Committee on Natural Resources of the House of Representatives a report
    that describes--
                (1) the ways in which the program assists the Secretary--
                        (A) in addressing water conflicts;
                        (B) in conserving water;
                        (C) in improving water quality; and
                        (D) in improving the ecological resiliency of a
                    river or stream; and
                (2) benefits that the program provides, including, to the
            maximum extent practicable, a quantitative analysis of economic,
            social, and environmental benefits.

        (g) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $2,000,000 for each of fiscal years 2008 and 2009;
                (2) $5,000,000 for fiscal year 2010;
                (3) $10,000,000 for fiscal year 2011; and
                (4) $20,000,000 for each of fiscal years 2012 through 2020.

    [[Page 123 STAT. 1170]]

    SEC. 6003. <<NOTE: 16 USC 1015b.>>  EFFECT OF SUBTITLE.

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

         Subtitle B--Competitive Status for Federal Employees in Alaska

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

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

    Subtitle C--Wolf <<NOTE: 7 USC 426 note.>>  Livestock Loss Demonstration
    Project
    SEC. 6201. DEFINITIONS.

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

    [[Page 123 STAT. 1171]]

                (3) Program.--The term ``program'' means the demonstration
            program established under section 6202(a).
                (4) Secretaries.--The term ``Secretaries'' means the
            Secretary of the Interior and the Secretary of Agriculture,
            acting jointly.
    SEC. 6202. WOLF COMPENSATION AND PREVENTION PROGRAM.

        (a) <<NOTE: Grants.>>  In General.--The Secretaries shall establish
    a 5-year demonstration program to provide grants to States and Indian
    tribes--
                (1) to assist livestock producers in undertaking proactive,
            non-lethal activities to reduce the risk of livestock loss due
            to predation by wolves; and
                (2) to compensate livestock producers for livestock losses
            due to such predation.

        (b) Criteria and Requirements.--The Secretaries shall--
                (1) establish criteria and requirements to implement the
            program; and
                (2) <<NOTE: Consultation.>>  when promulgating regulations
            to implement the program under paragraph (1), consult with
            States that have implemented State programs that provide
            assistance to--
                        (A) livestock producers to undertake proactive
                    activities to reduce the risk of livestock loss due to
                    predation by wolves; or
                        (B) provide compensation to livestock producers for
                    livestock losses due to such predation.

        (c) Eligibility.--To be eligible to receive a grant under subsection
    (a), a State or Indian tribe shall--
                (1) designate an appropriate agency of the State or Indian
            tribe to administer the 1 or more programs funded by the grant;
                (2) establish 1 or more accounts to receive grant funds;
                (3) <<NOTE: Records.>>  maintain files of all claims
            received under programs funded by the grant, including
            supporting documentation;
                (4) <<NOTE: Reports.>>  submit to the Secretary--
                        (A) annual reports that include--
                              (i) a summary of claims and expenditures under
                          the program during the year; and
                              (ii) a description of any action taken on the
                          claims; and
                        (B) such other reports as the Secretary may require
                    to assist the Secretary in determining the effectiveness
                    of activities provided assistance under this section;
                    and
                (5) <<NOTE: Regulations.>>  promulgate rules for reimbursing
            livestock producers under the program.

        (d) Allocation of Funding.--The Secretaries shall allocate funding
    made available to carry out this subtitle--
                (1) equally between the uses identified in paragraphs (1)
            and (2) of subsection (a); and
                (2) among States and Indian tribes based on--
                        (A) the level of livestock predation in the State or
                    on the land owned by, or held in trust for the benefit
                    of, the Indian tribe;
                        (B) whether the State or Indian tribe is located in
                    a geographical area that is at high risk for livestock
                    predation; or
                        (C) any other factors that the Secretaries determine
                    are appropriate.

    [[Page 123 STAT. 1172]]

        (e) Eligible Land.--Activities and losses described in subsection
    (a) may occur on Federal, State, or private land, or land owned by, or
    held in trust for the benefit of, an Indian tribe.
        (f) Federal Cost Share.--The Federal share of the cost of any
    activity provided assistance made available under this subtitle shall
    not exceed 50 percent of the total cost of the activity.
    SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.

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

               Subtitle D--Paleontological Resources Preservation

    SEC. 6301. <<NOTE: 16 USC 470aaa.>>  DEFINITIONS.

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

    [[Page 123 STAT. 1173]]

    SEC. 6302. <<NOTE: 16 USC 470aaa-1.>>  MANAGEMENT.

        (a) In General.--The Secretary shall manage and protect
    paleontological resources on Federal land using scientific principles
    and expertise. <<NOTE: Plans.>>  The Secretary shall develop appropriate
    plans for inventory, monitoring, and the scientific and educational use
    of paleontological resources, in accordance with applicable agency laws,
    regulations, and policies. These plans shall emphasize interagency
    coordination and collaborative efforts where possible with non-Federal
    partners, the scientific community, and the general public.

        (b) Coordination.--To the extent possible, the Secretary of the
    Interior and the Secretary of Agriculture shall coordinate in the
    implementation of this subtitle.
    SEC. 6303. <<NOTE: 16 USC 470aaa-2.>>  PUBLIC AWARENESS AND
                              EDUCATION PROGRAM.

        The Secretary shall establish a program to increase public awareness
    about the significance of paleontological resources.
    SEC. 6304. <<NOTE: 16 USC 470aaa-3.>>  COLLECTION OF
                              PALEONTOLOGICAL RESOURCES.

        (a) Permit Requirement.--
                (1) In general.--Except as provided in this subtitle, a
            paleontological resource may not be collected from Federal land
            without a permit issued under this subtitle by the Secretary.
                (2) Casual collecting exception.--The Secretary shall allow
            casual collecting without a permit on Federal land controlled or
            administered by the Bureau of Land Management, the Bureau of
            Reclamation, and the Forest Service, where such collection is
            consistent with the laws governing the management of those
            Federal land and this subtitle.
                (3) Previous permit exception.--Nothing in this section
            shall affect a valid permit issued prior to the date of
            enactment of this Act.

        (b) Criteria for Issuance of a Permit.--The Secretary may issue a
    permit for the collection of a paleontological resource pursuant to an
    application if the Secretary determines that--
                (1) the applicant is qualified to carry out the permitted
            activity;
                (2) the permitted activity is undertaken for the purpose of
            furthering paleontological knowledge or for public education;
                (3) the permitted activity is consistent with any management
            plan applicable to the Federal land concerned; and
                (4) the proposed methods of collecting will not threaten
            significant natural or cultural resources.

        (c) Permit Specifications.--A permit for the collection of a
    paleontological resource issued under this section shall contain such
    terms and conditions as the Secretary deems necessary to carry out the
    purposes of this subtitle. Every permit shall include requirements
    that--
                (1) the paleontological resource that is collected from
            Federal land under the permit will remain the property of the
            United States;
                (2) the paleontological resource and copies of associated
            records will be preserved for the public in an approved
            repository, to be made available for scientific research and
            public education; and

    [[Page 123 STAT. 1174]]

                (3) specific locality data will not be released by the
            permittee or repository without the written permission of the
            Secretary.

        (d) Modification, Suspension, and Revocation of Permits.--
                (1) The Secretary may modify, suspend, or revoke a permit
            issued under this section--
                        (A) for resource, safety, or other management
                    considerations; or
                        (B) when there is a violation of term or condition
                    of a permit issued pursuant to this section.
                (2) The permit shall be revoked if any person working under
            the authority of the permit is convicted under section 6306 or
            is assessed a civil penalty under section 6307.

        (e) Area Closures.--In order to protect paleontological or other
    resources or to provide for public safety, the Secretary may restrict
    access to or close areas under the Secretary's jurisdiction to the
    collection of paleontological resources.
    SEC. 6305. <<NOTE: 16 USC 470aaa-4.>>  CURATION OF RESOURCES.

        Any paleontological resource, and any data and records associated
    with the resource, collected under a permit, shall be deposited in an
    approved repository. The Secretary may enter into agreements with non-
    Federal repositories regarding the curation of these resources, data,
    and records.
    SEC. 6306. <<NOTE: 16 USC 470aaa-5.>>  PROHIBITED ACTS; CRIMINAL
                              PENALTIES.

        (a) In General.--A person may not--
                (1) excavate, remove, damage, or otherwise alter or deface
            or attempt to excavate, remove, damage, or otherwise alter or
            deface any paleontological resources located on Federal land
            unless such activity is conducted in accordance with this
            subtitle;
                (2) exchange, transport, export, receive, or offer to
            exchange, transport, export, or receive any paleontological
            resource if the person knew or should have known such resource
            to have been excavated or removed from Federal land in violation
            of any provisions, rule, regulation, law, ordinance, or permit
            in effect under Federal law, including this subtitle; or
                (3) sell or purchase or offer to sell or purchase any
            paleontological resource if the person knew or should have known
            such resource to have been excavated, removed, sold, purchased,
            exchanged, transported, or received from Federal land.

        (b) False Labeling Offenses.--A person may not make or submit any
    false record, account, or label for, or any false identification of, any
    paleontological resource excavated or removed from Federal land.
        (c) Penalties.--A person who knowingly violates or counsels,
    procures, solicits, or employs another person to violate subsection (a)
    or (b) shall, upon conviction, be fined in accordance with title 18,
    United States Code, or imprisoned not more than 5 years, or both; but if
    the sum of the commercial and paleontological value of the
    paleontological resources involved and the cost of restoration and
    repair of such resources does not exceed $500, such person shall be
    fined in accordance with title 18, United States Code, or imprisoned not
    more than 2 years, or both.

    [[Page 123 STAT. 1175]]

        (d) Multiple Offenses.--In the case of a second or subsequent
    violation by the same person, the amount of the penalty assessed under
    subsection (c) may be doubled.
        (e) General Exception.--Nothing in subsection (a) shall apply to any
    person with respect to any paleontological resource which was in the
    lawful possession of such person prior to the date of enactment of this
    Act.
    SEC. 6307. <<NOTE: 16 USC 470aaa-6.>>  CIVIL PENALTIES.

        (a) In General.--
                (1) <<NOTE: Notification.>>  Hearing.--A person who violates
            any prohibition contained in an applicable regulation or permit
            issued under this subtitle may be assessed a penalty by the
            Secretary after the person is given notice and opportunity for a
            hearing with respect to the violation. Each violation shall be
            considered a separate offense for purposes of this section.
                (2) <<NOTE: Regulations.>>  Amount of penalty.--The amount
            of such penalty assessed under paragraph (1) shall be determined
            under regulations promulgated pursuant to this subtitle, taking
            into account the following factors:
                        (A) The scientific or fair market value, whichever
                    is greater, of the paleontological resource involved, as
                    determined by the Secretary.
                        (B) The cost of response, restoration, and repair of
                    the resource and the paleontological site involved.
                        (C) Any other factors considered relevant by the
                    Secretary assessing the penalty.
                (3) Multiple offenses.--In the case of a second or
            subsequent violation by the same person, the amount of a penalty
            assessed under paragraph (2) may be doubled.
                (4) Limitation.--The amount of any penalty assessed under
            this subsection for any 1 violation shall not exceed an amount
            equal to double the cost of response, restoration, and repair of
            resources and paleontological site damage plus double the
            scientific or fair market value of resources destroyed or not
            recovered.

        (b) <<NOTE: Deadlines.>>  Petition for Judicial Review; Collection
    of Unpaid Assessments.--
                (1) Judicial review.--Any person against whom an order is
            issued assessing a penalty under subsection (a) may file a
            petition for judicial review of the order in the United States
            District Court for the District of Columbia or in the district
            in which the violation is alleged to have occurred within the
            30-day period beginning on the date the order making the
            assessment was issued. <<NOTE: Records.>>  Upon notice of such
            filing, the Secretary shall promptly file such a certified copy
            of the record on which the order was issued. The court shall
            hear the action on the record made before the Secretary and
            shall sustain the action if it is supported by substantial
            evidence on the record considered as a whole.
                (2) Failure to pay.--If any person fails to pay a penalty
            under this section within 30 days--
                        (A) after the order making assessment has become
                    final and the person has not filed a petition for
                    judicial review of the order in accordance with
                    paragraph (1); or
                        (B) after a court in an action brought in paragraph
                    (1) has entered a final judgment upholding the
                    assessment

    [[Page 123 STAT. 1176]]

                    of the penalty, the Secretary may request the Attorney
                    General to institute a civil action in a district court
                    of the United States for any district in which the
                    person if found, resides, or transacts business, to
                    collect the penalty (plus interest at currently
                    prevailing rates from the date of the final order or the
                    date of the final judgment, as the case may be). The
                    district court shall have jurisdiction to hear and
                    decide any such action. In such action, the validity,
                    amount, and appropriateness of such penalty shall not be
                    subject to review. Any person who fails to pay on a
                    timely basis the amount of an assessment of a civil
                    penalty as described in the first sentence of this
                    paragraph shall be required to pay, in addition to such
                    amount and interest, attorneys fees and costs for
                    collection proceedings.

        (c) Hearings.--Hearings held during proceedings instituted under
    subsection (a) shall be conducted in accordance with section 554 of
    title 5, United States Code.
        (d) Use of Recovered Amounts.--Penalties collected under this
    section shall be available to the Secretary and without further
    appropriation may be used only as follows:
                (1) To protect, restore, or repair the paleontological
            resources and sites which were the subject of the action, and to
            protect, monitor, and study the resources and sites.
                (2) To provide educational materials to the public about
            paleontological resources and sites.
                (3) To provide for the payment of rewards as provided in
            section 6308.
    SEC. 6308. <<NOTE: 16 USC 470aaa-7.>>  REWARDS AND FORFEITURE.

        (a) Rewards.--The Secretary may pay from penalties collected under
    section 6306 or 6307 or from appropriated funds--
                (1) consistent with amounts established in regulations by
            the Secretary; or
                (2) if no such regulation exists, an amount up to \1/2\ of
            the penalties, to any person who furnishes information which
            leads to the finding of a civil violation, or the conviction of
            criminal violation, with respect to which the penalty was paid.
            If several persons provided the information, the amount shall be
            divided among the persons. No officer or employee of the United
            States or of any State or local government who furnishes
            information or renders service in the performance of his
            official duties shall be eligible for payment under this
            subsection.

        (b) Forfeiture.--All paleontological resources with respect to which
    a violation under section 6306 or 6307 occurred and which are in the
    possession of any person, shall be subject to civil forfeiture, or upon
    conviction, to criminal forfeiture.
        (c) Transfer of Seized Resources.--The Secretary may transfer
    administration of seized paleontological resources to Federal or non-
    Federal educational institutions to be used for scientific or
    educational purposes.
    SEC. 6309. <<NOTE: 16 USC 470aaa-8.>>  CONFIDENTIALITY.

        Information concerning the nature and specific location of a
    paleontological resource shall be exempt from disclosure under section
    552 of title 5, United States Code, and any other law unless the
    Secretary determines that disclosure would--
                (1) further the purposes of this subtitle;

    [[Page 123 STAT. 1177]]

                (2) not create risk of harm to or theft or destruction of
            the resource or the site containing the resource; and
                (3) be in accordance with other applicable laws.
    SEC. 6310. <<NOTE: Notice. Public comment. 16 USC 470aaa-9.>>
                              REGULATIONS.

        As soon as practical after the date of enactment of this Act, the
    Secretary shall issue such regulations as are appropriate to carry out
    this subtitle, providing opportunities for public notice and comment.
    SEC. 6311. <<NOTE: 16 USC 470aaa-10.>>  SAVINGS PROVISIONS.

        Nothing in this subtitle shall be construed to--
                (1) invalidate, modify, or impose any additional
            restrictions or permitting requirements on any activities
            permitted at any time under the general mining laws, the mineral
            or geothermal leasing laws, laws providing for minerals
            materials disposal, or laws providing for the management or
            regulation of the activities authorized by the aforementioned
            laws including but not limited to the Federal Land Policy
            Management Act (43 U.S.C. 1701-1784), Public Law 94-429
            (commonly known as the ``Mining in the Parks Act'') (16 U.S.C.
            1901 et seq.), the Surface Mining Control and Reclamation Act of
            1977 (30 U.S.C. 1201-1358), and the Organic Administration Act
            (16 U.S.C. 478, 482, 551);
                (2) invalidate, modify, or impose any additional
            restrictions or permitting requirements on any activities
            permitted at any time under existing laws and authorities
            relating to reclamation and multiple uses of Federal land;
                (3) apply to, or require a permit for, casual collecting of
            a rock, mineral, or invertebrate or plant fossil that is not
            protected under this subtitle;
                (4) affect any land other than Federal land or affect the
            lawful recovery, collection, or sale of paleontological
            resources from land other than Federal land;
                (5) alter or diminish the authority of a Federal agency
            under any other law to provide protection for paleontological
            resources on Federal land in addition to the protection provided
            under this subtitle; or
                (6) create any right, privilege, benefit, or entitlement for
            any person who is not an officer or employee of the United
            States acting in that capacity. No person who is not an officer
            or employee of the United States acting in that capacity shall
            have standing to file any civil action in a court of the United
            States to enforce any provision or amendment made by this
            subtitle.
    SEC. 6312. <<NOTE: 16 USC 470aaa-11.>>  AUTHORIZATION OF
                              APPROPRIATIONS.

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

       Subtitle E--Izembek <<NOTE: Alaska. 16 USC 668dd note.>>  National
    Wildlife Refuge Land Exchange
    SEC. 6401. DEFINITIONS.

        In this subtitle:

    [[Page 123 STAT. 1178]]

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

        (a) <<NOTE: Notification. King Cove Corporation.>>  In General.--
    Upon receipt of notification by the State and the Corporation of the
    intention of the State and the Corporation to exchange the non-Federal
    land for the Federal land, subject to the conditions and requirements
    described in this subtitle, the Secretary may convey to the State all
    right, title, and interest of the United States in and to the Federal
    land. The Federal land within the Refuge shall be transferred for the
    purpose of constructing a single-lane gravel road between the
    communities of King Cove and Cold Bay, Alaska.

        (b) Compliance With National Environmental Policy Act of 1969 and
    Other Applicable Laws.--
                (1) In general.--In determining whether to carry out the
            land exchange under subsection (a), the Secretary shall--
                        (A) comply with the National Environmental Policy
                    Act of 1969 (42 U.S.C. 4321 et seq.); and
                        (B) except as provided in subsection (c), comply
                    with any other applicable law (including regulations).
                (2) Environmental impact statement.--
                        (A) <<NOTE: Deadline.>>  In general.--Not later than
                    60 days after the date on which the Secretary receives
                    notification under subsection (a), the Secretary shall
                    initiate the preparation of an environmental impact
                    statement required under the

    [[Page 123 STAT. 1179]]

                    National Environmental Policy Act of 1969 (42 U.S.C.
                    4321 et seq.).
                        (B) Requirements.--The environmental impact
                    statement prepared under subparagraph (A) shall
                    contain--
                              (i) an analysis of--
                                        (I) the proposed land exchange; and
                                        (II) the potential construction and
                                    operation of a road between the
                                    communities of King Cove and Cold Bay,
                                    Alaska; and
                              (ii) an evaluation of a specific road corridor
                          through the Refuge that is identified in
                          consultation with the State, the City of King
                          Cove, Alaska, and the Tribe.
                (3) Cooperating agencies.--
                        (A) In general.--During the preparation of the
                    environmental impact statement under paragraph (2), each
                    entity described in subparagraph (B) may participate as
                    a cooperating agency.
                        (B) Authorized entities.--An authorized entity may
                    include--
                              (i) any Federal agency that has permitting
                          jurisdiction over the road described in paragraph
                          (2)(B)(i)(II);
                              (ii) the State;
                              (iii) the Aleutians East Borough of the State;
                              (iv) the City of King Cove, Alaska;
                              (v) the Tribe; and
                              (vi) the Alaska Migratory Bird Co-Management
                          Council.

        (c) Valuation.--The conveyance of the Federal land and non-Federal
    land under this section shall not be subject to any requirement under
    any Federal law (including regulations) relating to the valuation,
    appraisal, or equalization of land.
        (d) Public Interest Determination.--
                (1) Conditions for land exchange.--Subject to paragraph (2),
            to carry out the land exchange under subsection (a), the
            Secretary shall determine that the land exchange (including the
            construction of a road between the City of King Cove, Alaska,
            and the Cold Bay Airport) is in the public interest.
                (2) Limitation of authority of secretary.--The Secretary may
            not, as a condition for a finding that the land exchange is in
            the public interest--
                        (A) require the State or the Corporation to convey
                    additional land to the United States; or
                        (B) <<NOTE: Waterfowl.>>  impose any restriction on
                    the subsistence uses (as defined in section 803 of the
                    Alaska National Interest Lands Conservation Act (16
                    U.S.C. 3113)) of waterfowl by rural residents of the
                    State.

        (e) Kinzaroff Lagoon.--The land exchange under subsection (a) shall
    not be carried out before the date on which the parcel of land owned by
    the State that is located in the Kinzaroff Lagoon has been designated by
    the State as a State refuge, in accordance with the applicable laws
    (including regulations) of the State.
        (f) Designation of Road Corridor.--In designating the road corridor
    described in subsection (b)(2)(B)(ii), the Secretary shall--
                (1) minimize the adverse impact of the road corridor on the
            Refuge;

    [[Page 123 STAT. 1180]]

                (2) transfer the minimum acreage of Federal land that is
            required for the construction of the road corridor; and
                (3) to the maximum extent practicable, incorporate into the
            road corridor roads that are in existence as of the date of
            enactment of this Act.

        (g) Additional Terms and Conditions.--The land exchange under
    subsection (a) shall be subject to any other term or condition that the
    Secretary determines to be necessary.
    SEC. 6403. KING COVE ROAD.

        (a) Requirements Relating to Use, Barrier Cables, and Dimensions.--
                (1) Limitations on use.--
                        (A) In general.--Except as provided in subparagraph
                    (B), any portion of the road constructed on the Federal
                    land conveyed pursuant to this subtitle shall be used
                    primarily for health and safety purposes (including
                    access to and from the Cold Bay Airport) and only for
                    noncommercial purposes.
                        (B) Exceptions.--Notwithstanding subparagraph (A),
                    the use of taxis, commercial vans for public
                    transportation, and shared rides (other than organized
                    transportation of employees to a business or other
                    commercial facility) shall be allowed on the road
                    described in subparagraph (A).
                        (C) Requirement of agreement.--The limitations of
                    the use of the road described in this paragraph shall be
                    enforced in accordance with an agreement entered into
                    between the Secretary and the State.
                (2) Requirement of barrier cable.--The road described in
            paragraph (1)(A) shall be constructed to include a cable barrier
            on each side of the road, as described in the record of decision
            entitled ``Mitigation Measure MM-11, King Cove Access Project
            Final Environmental Impact Statement Record of Decision'' and
            dated January 22, 2004, unless a different type barrier is
            required as a mitigation measure in the Record of Decision for
            Final Environmental Impact Statement required in section
            6402(b)(2).
                (3) Required dimensions and design features.--The road
            described in paragraph (1)(A) shall--
                        (A) have a width of not greater than a single lane,
                    in accordance with the applicable road standards of the
                    State;
                        (B) be constructed with gravel;
                        (C) be constructed to comply with any specific
                    design features identified in the Record of Decision for
                    Final Environmental Impact Statement required in section
                    6402(b)(2) as Mitigation Measures relative to the
                    passage and migration of wildlife, and also the exchange
                    of tidal flows, where applicable, in accordance with
                    applicable Federal and State design standards; and
                        (D) if determined to be necessary, be constructed to
                    include appropriate safety pullouts.

        (b) Support Facilities.--Support facilities for the road described
    in subsection (a)(1)(A) shall not be located within the Refuge.
        (c) <<NOTE: Deadline.>>  Federal Permits.--It is the intent of
    Congress that any Federal permit required for construction of the road
    be issued

    [[Page 123 STAT. 1181]]

    or denied not later than 1 year after the date of application for the
    permit.

        (d) Applicable Law.--Nothing in this section amends, or modifies the
    application of, section 1110 of the Alaska National Interest Lands
    Conservation Act (16 U.S.C. 3170).
        (e) Mitigation Plan.--
                (1) In general.--Based on the evaluation of impacts
            determined through the completion of the environmental impact
            statement under section 6402(b)(2), the Secretary, in
            consultation with the entities described in section
            6402(b)(3)(B), shall develop an enforceable mitigation plan.
                (2) Corrective modifications.--The Secretary may make
            corrective modifications to the mitigation plan developed under
            paragraph (1) if--
                        (A) the mitigation standards required under the
                    mitigation plan are maintained; and
                        (B) the Secretary provides an opportunity for public
                    comment with respect to any proposed corrective
                    modification.
                (3) Avoidance of wildlife impacts.--Road construction shall
            adhere to any specific mitigation measures included in the
            Record of Decision for Final Environmental Impact Statement
            required in section 6402(b)(2) that--
                        (A) identify critical periods during the calendar
                    year when the refuge is utilized by wildlife, especially
                    migratory birds; and
                        (B) include specific mandatory strategies to alter,
                    limit or halt construction activities during identified
                    high risk periods in order to minimize impacts to
                    wildlife, and
                        (C) allow for the timely construction of the road.
                (4) Mitigation of wetland loss.--The plan developed under
            this subsection shall comply with section 404 of the Federal
            Water Pollution Control Act (33 U.S.C. 1344) with regard to
            minimizing, to the greatest extent practicable, the filling,
            fragmentation or loss of wetlands, especially intertidal
            wetlands, and shall evaluate mitigating effect of those wetlands
            transferred in Federal ownership under the provisions of this
            subtitle.
    SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.
                (1) Federal land.--Upon completion of the land exchange
            under section 6402(a)--
                        (A) the boundary of the land designated as
                    wilderness within the Refuge shall be modified to
                    exclude the Federal land conveyed to the State under the
                    land exchange; and
                        (B) the Federal land located on Sitkinak Island that
                    is withdrawn for use by the Coast Guard shall, at the
                    request of the State, be transferred by the Secretary to
                    the State upon the relinquishment or termination of the
                    withdrawal.
                (2) Non-federal land.--Upon completion of the land exchange
            under section 6402(a), the non-Federal land conveyed to the
            United States under this subtitle shall be--
                        (A) added to the Refuge or the Alaska Peninsula
                    National Wildlife Refuge, as appropriate, as generally
                    depicted on the map; and

    [[Page 123 STAT. 1182]]

                        (B) administered in accordance with the laws
                    generally applicable to units of the National Wildlife
                    Refuge System.
                (3) <<NOTE: 16 USC 1132 note.>>  Wilderness additions.--
                        (A) In general.--Upon completion of the land
                    exchange under section 6402(a), approximately 43,093
                    acres of land as generally depicted on the map shall be
                    added to--
                              (i) the Izembek National Wildlife Refuge
                          Wilderness; or
                              (ii) the Alaska Peninsula National Wildlife
                          Refuge Wilderness.
                        (B) Administration.--The land added as wilderness
                    under subparagraph (A) shall be administered by the
                    Secretary in accordance with the Wilderness Act (16
                    U.S.C. 1131 et seq.) and other applicable laws
                    (including regulations).
    SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.

        (a) Notification To Void Land Exchange.--If the Secretary, the
    State, and the Corporation enter into the land exchange authorized under
    section 6402(a), the State or the Corporation may notify the Secretary
    in writing of the intention of the State or Corporation to void the
    exchange if construction of the road through the Refuge has not begun.
        (b) Disposition of Land Exchange.--Upon the latter of the date on
    which the Secretary receives a request under subsection (a), and the
    date on which the Secretary determines that the Federal land conveyed
    under the land exchange under section 6402(a) has not been adversely
    impacted (other than any nominal impact associated with the preparation
    of an environmental impact statement under section 6402(b)(2)), the land
    exchange shall be null and void.
        (c) Return of Prior Ownership Status of Federal and Non-Federal
    Land.--If the land exchange is voided under subsection (b)--
                (1) the Federal land and non-Federal land shall be returned
            to the respective ownership status of each land prior to the
            land exchange;
                (2) the parcel of the Federal land that is located in the
            Refuge shall be managed as part of the Izembek National Wildlife
            Refuge Wilderness; and
                (3) each selection of the Corporation under the Alaska
            Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that was
            relinquished under this subtitle shall be reinstated.
    SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.

        (a) In General.--Any legislative authority for construction of a
    road shall expire at the end of the 7-year period beginning on the date
    of the enactment of this subtitle unless a construction permit has been
    issued during that period.
        (b) Extension of Authority.--If a construction permit is issued
    within the allotted period, the 7-year authority shall be extended for a
    period of 5 additional years beginning on the date of issuance of the
    construction permit.
        (c) Extension of Authority as Result of Legal Challenges.--
                (1)  In general.--Prior to the issuance of a construction
            permit, if a lawsuit or administrative appeal is filed
            challenging

    [[Page 123 STAT. 1183]]

            the land exchange or construction of the road (including a
            challenge to the NEPA process, decisions, or any required permit
            process required to complete construction of the road), the 7-
            year deadline or the five-year extension period, as appropriate,
            shall be extended for a time period equivalent to the time
            consumed by the full adjudication of the legal challenge or
            related administrative process.
                (2) Injunction.--After a construction permit has been
            issued, if a court issues an injunction against construction of
            the road, the 7-year deadline or 5-year extension, as
            appropriate, shall be extended for a time period equivalent to
            time period that the injunction is in effect.

        (d) Applicability of Section 6405.--Upon the expiration of the
    legislative authority under this section, if a road has not been
    constructed, the land exchange shall be null and void and the land
    ownership shall revert to the respective ownership status prior to the
    land exchange as provided in section 6405.

                 TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS

                Subtitle A--Additions to the National Park System

    SEC. 7001. <<NOTE: 16 USC 410lll.>>  PATERSON GREAT FALLS NATIONAL
                              HISTORICAL PARK, NEW JERSEY.

        (a) Definitions.--In this section:
                (1) City.--The term ``City'' means the City of Paterson, New
            Jersey.
                (2) Commission.--The term ``Commission'' means the Paterson
            Great Falls National Historical Park Advisory Commission
            established by subsection (e)(1).
                (3) Historic district.--The term ``Historic District'' means
            the Great Falls Historic District in the State.
                (4) Management plan.--The term ``management plan'' means the
            management plan for the Park developed under subsection (d).
                (5) Map.--The term ``Map'' means the map entitled ``Paterson
            Great Falls National Historical Park-Proposed Boundary'',
            numbered T03/80,001, and dated May 2008.
                (6) Park.--The term ``Park'' means the Paterson Great Falls
            National Historical Park established by subsection (b)(1)(A).
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (8) State.--The term ``State'' means the State of New
            Jersey.

        (b) Paterson Great Falls National Historical Park.--
                (1) Establishment.--
                        (A) In general.--Subject to subparagraph (B), there
                    is established in the State a unit of the National Park
                    System to be known as the ``Paterson Great Falls
                    National Historical Park''.

    [[Page 123 STAT. 1184]]

                        (B) Conditions for establishment.--The Park shall
                    not be established until the date on which the Secretary
                    determines that--
                              (i)(I) the Secretary has acquired sufficient
                          land or an interest in land within the boundary of
                          the Park to constitute a manageable unit; or
                              (II) <<NOTE: Contract.>>  the State or City,
                          as appropriate, has entered into a written
                          agreement with the Secretary to donate--
                                        (aa) the Great Falls State Park,
                                    including facilities for Park
                                    administration and visitor services; or
                                        (bb) any portion of the Great Falls
                                    State Park agreed to between the
                                    Secretary and the State or City; and
                              (ii) the Secretary has entered into a written
                          agreement with the State, City, or other public
                          entity, as appropriate, providing that--
                                        (I) land owned by the State, City,
                                    or other public entity within the
                                    Historic District will be managed
                                    consistent with this section; and
                                        (II) future uses of land within the
                                    Historic District will be compatible
                                    with the designation of the Park.
                (2) Purpose.--The purpose of the Park is to preserve and
            interpret for the benefit of present and future generations
            certain historical, cultural, and natural resources associated
            with the Historic District.
                (3) Boundaries.--The Park shall include the following sites,
            as generally depicted on the Map:
                        (A) The upper, middle, and lower raceways.
                        (B) Mary Ellen Kramer (Great Falls) Park and
                    adjacent land owned by the City.
                        (C) A portion of Upper Raceway Park, including the
                    Ivanhoe Wheelhouse and the Society for Establishing
                    Useful Manufactures Gatehouse.
                        (D) Overlook Park and adjacent land, including the
                    Society for Establishing Useful Manufactures
                    Hydroelectric Plant and Administration Building.
                        (E) The Allied Textile Printing site, including the
                    Colt Gun Mill ruins, Mallory Mill ruins, Waverly Mill
                    ruins, and Todd Mill ruins.
                        (F) The Rogers Locomotive Company Erecting Shop,
                    including the Paterson Museum.
                        (G) The Great Falls Visitor Center.
                (4) Availability of map.--The Map shall be on file and
            available for public inspection in the appropriate offices of
            the National Park Service.
                (5) <<NOTE: Deadline. Federal Register, publication.>>
            Publication of notice.--Not later than 60 days after the date on
            which the conditions in clauses (i) and (ii) of paragraph (1)(B)
            are satisfied, the Secretary shall publish in the Federal
            Register notice of the establishment of the Park, including an
            official boundary map for the Park.

        (c) Administration.--
                (1) In general.--The Secretary shall administer the Park in
            accordance with--
                        (A) this section; and

    [[Page 123 STAT. 1185]]

                        (B) the laws generally applicable to units of the
                    National Park System, including--
                              (i) the National Park Service Organic Act (16
                          U.S.C. 1 et seq.); and
                              (ii) the Act of August 21, 1935 (16 U.S.C. 461
                          et seq.).
                (2) State and local jurisdiction.--Nothing in this section
            enlarges, diminishes, or modifies any authority of the State, or
            any political subdivision of the State (including the City)--
                        (A) to exercise civil and criminal jurisdiction; or
                        (B) to carry out State laws (including regulations)
                    and rules on non-Federal land located within the
                    boundary of the Park.
                (3) Cooperative agreements.--
                        (A) In general.--As the Secretary determines to be
                    appropriate to carry out this section, the Secretary may
                    enter into cooperative agreements with the owner of the
                    Great Falls Visitor Center or any nationally significant
                    properties within the boundary of the Park under which
                    the Secretary may identify, interpret, restore, and
                    provide technical assistance for the preservation of the
                    properties.
                        (B) Right of access.--A cooperative agreement
                    entered into under subparagraph (A) shall provide that
                    the Secretary, acting through the Director of the
                    National Park Service, shall have the right of access at
                    all reasonable times to all public portions of the
                    property covered by the agreement for the purposes of--
                              (i) conducting visitors through the
                          properties; and
                              (ii) interpreting the properties for the
                          public.
                        (C) Changes or alterations.--No changes or
                    alterations shall be made to any properties covered by a
                    cooperative agreement entered into under subparagraph
                    (A) unless the Secretary and the other party to the
                    agreement agree to the changes or alterations.
                        (D) Conversion, use, or disposal.--Any payment made
                    by the Secretary under this paragraph shall be subject
                    to an agreement that the conversion, use, or disposal of
                    a project for purposes contrary to the purposes of this
                    section, as determined by the Secretary, shall entitle
                    the United States to reimbursement in amount equal to
                    the greater of--
                              (i) the amounts made available to the project
                          by the United States; or
                              (ii) the portion of the increased value of the
                          project attributable to the amounts made available
                          under this paragraph, as determined at the time of
                          the conversion, use, or, disposal.
                        (E) Matching funds.--
                              (i) In general.--As a condition of the receipt
                          of funds under this paragraph, the Secretary shall
                          require that any Federal funds made available
                          under a cooperative agreement shall be matched on
                          a 1-to-1 basis by non-Federal funds.
                              (ii) Form.--With the approval of the
                          Secretary, the non-Federal share required under
                          clause (i) may

    [[Page 123 STAT. 1186]]

                          be in the form of donated property, goods, or
                          services from a non-Federal source.
                (4) Acquisition of land.--
                        (A) In general.--The Secretary may acquire land or
                    interests in land within the boundary of the Park by
                    donation, purchase from a willing seller with donated or
                    appropriated funds, or exchange.
                        (B) Donation of state owned land.--Land or interests
                    in land owned by the State or any political subdivision
                    of the State may only be acquired by donation.
                (5) Technical assistance and public interpretation.--The
            Secretary may provide technical assistance and public
            interpretation of related historic and cultural resources within
            the boundary of the Historic District.

        (d) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3
            fiscal years after the date on which funds are made available to
            carry out this subsection, the Secretary, in consultation with
            the Commission, shall complete a management plan for the Park in
            accordance with--
                        (A) section 12(b) of Public Law 91-383 (commonly
                    known as the ``National Park Service General Authorities
                    Act'') (16 U.S.C. 1a-7(b)); and
                        (B) other applicable laws.
                (2) Cost share.--The management plan shall include
            provisions that identify costs to be shared by the Federal
            Government, the State, and the City, and other public or private
            entities or individuals for necessary capital improvements to,
            and maintenance and operations of, the Park.
                (3) Submission to congress.--On completion of the management
            plan, the Secretary shall submit the management plan to--
                        (A) the Committee on Energy and Natural Resources of
                    the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.

        (e) Paterson Great Falls National Historical Park Advisory
    Commission.--
                (1) Establishment.--There is established a commission to be
            known as the ``Paterson Great Falls National Historical Park
            Advisory Commission''.
                (2) Duties.--The duties of the Commission shall be to advise
            the Secretary in the development and implementation of the
            management plan.
                (3) Membership.--
                        (A) Composition.--The Commission shall be composed
                    of 9 members, to be appointed by the Secretary, of
                    whom--
                              (i) 4 members shall be appointed after
                          consideration of recommendations submitted by the
                          Governor of the State;
                              (ii) 2 members shall be appointed after
                          consideration of recommendations submitted by the
                          City Council of Paterson, New Jersey;
                              (iii) 1 member shall be appointed after
                          consideration of recommendations submitted by the
                          Board of Chosen Freeholders of Passaic County, New
                          Jersey; and

    [[Page 123 STAT. 1187]]

                              (iv) 2 members shall have experience with
                          national parks and historic preservation.
                        (B) <<NOTE: Deadline.>>  Initial appointments.--The
                    Secretary shall appoint the initial members of the
                    Commission not later than the earlier of--
                              (i) the date that is 30 days after the date on
                          which the Secretary has received all of the
                          recommendations for appointments under
                          subparagraph (A); or
                              (ii) the date that is 30 days after the Park
                          is established in accordance with subsection (b).
                (4) Term; vacancies.--
                        (A) Term.--
                              (i) In general.--A member shall be appointed
                          for a term of 3 years.
                              (ii) Reappointment.--A member may be
                          reappointed for not more than 1 additional term.
                        (B) Vacancies.--A vacancy on the Commission shall be
                    filled in the same manner as the original appointment
                    was made.
                (5) Meetings.--The Commission shall meet at the call of--
                        (A) the Chairperson; or
                        (B) a majority of the members of the Commission.
                (6) Quorum.--A majority of the Commission shall constitute a
            quorum.
                (7) Chairperson and vice chairperson.--
                        (A) In general.--The Commission shall select a
                    Chairperson and Vice Chairperson from among the members
                    of the Commission.
                        (B) Vice chairperson.--The Vice Chairperson shall
                    serve as Chairperson in the absence of the Chairperson.
                        (C) Term.--A member may serve as Chairperson or Vice
                    Chairman for not more than 1 year in each office.
                (8) Commission personnel matters.--
                        (A) Compensation of members.--
                              (i) In general.--Members of the Commission
                          shall serve without compensation.
                              (ii) Travel expenses.--Members of the
                          Commission shall be allowed travel expenses,
                          including per diem in lieu of subsistence, at
                          rates authorized for an employee of an agency
                          under subchapter I of chapter 57 of title 5,
                          United States Code, while away from the home or
                          regular place of business of the member in the
                          performance of the duties of the Commission.
                        (B) Staff.--
                              (i) In general.--The Secretary shall provide
                          the Commission with any staff members and
                          technical assistance that the Secretary, after
                          consultation with the Commission, determines to be
                          appropriate to enable the Commission to carry out
                          the duties of the Commission.
                              (ii) Detail of employees.--The Secretary may
                          accept the services of personnel detailed from--
                                        (I) the State;
                                        (II) any political subdivision of
                                    the State; or

    [[Page 123 STAT. 1188]]

                                        (III) any entity represented on the
                                    Commission.
                (9) FACA nonapplicability.--Section 14(b) of the Federal
            Advisory Committee Act (5 U.S.C. App.) shall not apply to the
            Commission.
                (10) Termination.--The Commission shall terminate 10 years
            after the date of enactment of this Act.

        (f) Study of Hinchliffe Stadium.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3
            fiscal years after the date on which funds are made available to
            carry out this section, the Secretary shall complete a study
            regarding the preservation and interpretation of Hinchliffe
            Stadium, which is listed on the National Register of Historic
            Places.
                (2) Inclusions.--The study shall include an assessment of--
                        (A) the potential for listing the stadium as a
                    National Historic Landmark; and
                        (B) options for maintaining the historic integrity
                    of Hinchliffe Stadium.

        (g) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
    SEC. 7002. <<NOTE: Arkansas. 16 USC 461 note.>>  WILLIAM JEFFERSON
                              CLINTON BIRTHPLACE HOME NATIONAL
                              HISTORIC SITE.

        (a) Acquisition of Property; Establishment of Historic Site.--Should
    the Secretary of the Interior acquire, by donation only from the Clinton
    Birthplace Foundation, Inc., fee simple, unencumbered title to the
    William Jefferson Clinton Birthplace Home site located at 117 South
    Hervey Street, Hope, Arkansas, 71801, and to any personal property
    related to that site, the Secretary shall designate the William
    Jefferson Clinton Birthplace Home site as a National Historic Site and
    unit of the National Park System, to be known as the ``President William
    Jefferson Clinton Birthplace Home National Historic Site''.
        (b) Applicability of Other Laws.--The Secretary shall administer the
    President William Jefferson Clinton Birthplace Home National Historic
    Site in accordance with the laws generally applicable to national
    historic sites, including the Act entitled ``An Act to establish a
    National Park Service, and for other purposes'', approved August 25,
    1916 (16 U.S.C. 1-4), and the Act entitled ``An Act to provide for the
    preservation of historic American sites, buildings, objects and
    antiquities of national significance, and for other purposes'', approved
    August 21, 1935 (16 U.S.C. 461 et seq.).
    SEC. 7003. <<NOTE: Michigan. 16 USC 430vv.>>  RIVER RAISIN
                              NATIONAL BATTLEFIELD PARK.

        (a) Establishment.--
                (1) In general.--If Monroe County or Wayne County, Michigan,
            or other willing landowners in either County offer to donate to
            the United States land relating to the Battles of the River
            Raisin on January 18 and 22, 1813, or the aftermath of the
            battles, the Secretary of the Interior (referred to in this
            section as the ``Secretary'') shall accept the donated land.
                (2) Designation of park.--On the acquisition of land under
            paragraph (1) that is of sufficient acreage to permit efficient
            administration, the Secretary shall designate the acquired land
            as a unit of the National Park System, to be

    [[Page 123 STAT. 1189]]

            known as the ``River Raisin National Battlefield Park''
            (referred to in this section as the ``Park'').
                (3) Legal description.--
                        (A) In general.--The Secretary shall prepare a legal
                    description of the land and interests in land designated
                    as the Park by paragraph (2).
                        (B) Availability of map and legal description.--A
                    map with the legal description shall be on file and
                    available for public inspection in the appropriate
                    offices of the National Park Service.

        (b) Administration.--
                (1) In general.--The Secretary shall manage the Park for the
            purpose of preserving and interpreting the Battles of the River
            Raisin in accordance with the National Park Service Organic Act
            (16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 U.S.C.
            461 et seq.).
                (2) General management plan.--
                        (A) <<NOTE: Deadline.>>  In general.--Not later than
                    3 years after the date on which funds are made
                    available, the Secretary shall complete a general
                    management plan for the Park that, among other things,
                    defines the role and responsibility of the Secretary
                    with regard to the interpretation and the preservation
                    of the site.
                        (B) Consultation.--The Secretary shall consult with
                    and solicit advice and recommendations from State,
                    county, local, and civic organizations and leaders, and
                    other interested parties in the preparation of the
                    management plan.
                        (C) Inclusions.--The plan shall include--
                              (i) consideration of opportunities for
                          involvement by and support for the Park by State,
                          county, and local governmental entities and
                          nonprofit organizations and other interested
                          parties; and
                              (ii) steps for the preservation of the
                          resources of the site and the costs associated
                          with these efforts.
                        (D) Submission to congress.--On the completion of
                    the general management plan, the Secretary shall submit
                    a copy of the plan to the Committee on Natural Resources
                    of the House of Representatives and the Committee on
                    Energy and Natural Resources of the Senate.
                (3) Cooperative agreements.--The Secretary may enter into
            cooperative agreements with State, county, local, and civic
            organizations to carry out this section.

        (c) Report.--Not later than 3 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Energy and
    Natural Resources of the Senate and the Committee on Natural Resources
    of the House a report describing the progress made with respect to
    acquiring real property under this section and designating the River
    Raisin National Battlefield Park.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.

    [[Page 123 STAT. 1190]]

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

    SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK.

        (a) Acquisition of Property.--Section 4 of Public Law 102-543 (16
    U.S.C. 410yy-3) is amended by striking subsection (d).
        (b) Matching Funds.--Section 8(b) of Public Law 102-543 (16 U.S.C.
    410yy-7(b)) is amended by striking ``$4'' and inserting ``$1''.
        (c) Authorization of Appropriations.--Section 10 of Public Law 102-
    543 (16 U.S.C. 410yy-9) is amended--
                (1) in subsection (a)--
                        (A) by striking ``$25,000,000'' and inserting
                    ``$50,000,000''; and
                        (B) by striking ``$3,000,000'' and inserting
                    ``$25,000,000''; and
                (2) in subsection (b), by striking ``$100,000'' and all that
            follows through ``those duties'' and inserting ``$250,000''.
    SEC. 7102. <<NOTE: 16 USC 461 note.>>  LOCATION OF VISITOR AND
                              ADMINISTRATIVE FACILITIES FOR WEIR FARM
                              NATIONAL HISTORIC SITE.

        Section 4(d) of the Weir Farm National Historic Site Establishment
    Act of 1990 (16 U.S.C. 461 note) is amended--
                (1) in paragraph (1)(B), by striking ``contiguous to'' and
            all that follows and inserting ``within Fairfield County.'';
                (2) by amending paragraph (2) to read as follows:
                ``(2) Development.--
                        ``(A) Maintaining natural character.--The Secretary
                    shall keep development of the property acquired under
                    paragraph (1) to a minimum so that the character of the
                    acquired property will be similar to the natural and
                    undeveloped landscape of the property described in
                    subsection (b).
                        ``(B) Treatment of previously developed property.--
                    Nothing in subparagraph (A) shall either prevent the
                    Secretary from acquiring property under paragraph (1)
                    that, prior to the Secretary's acquisition, was
                    developed in a manner inconsistent with subparagraph
                    (A), or require the Secretary to remediate such
                    previously developed property to reflect the natural
                    character described in subparagraph (A).''; and
                (3) in paragraph (3), in the matter preceding subparagraph
            (A), by striking ``the appropriate zoning authority'' and all
            that follows through ``Wilton, Connecticut,'' and inserting
            ``the local governmental entity that, in accordance with
            applicable State law, has jurisdiction over any property
            acquired under paragraph (1)(A)''.
    SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY
                              EXPANSION.

        Section 2 of the Little River Canyon National Preserve Act of 1992
    (16 U.S.C. 698q) is amended--
                (1) in subsection (b)--
                        (A) by striking ``The Preserve'' and inserting the
                    following:
                ``(1) In general.--The Preserve''; and

    [[Page 123 STAT. 1191]]

                        (B) by adding at the end the following:
                ``(2) Boundary expansion.--The boundary of the Preserve is
            modified to include the land depicted on the map entitled
            `Little River Canyon National Preserve Proposed Boundary',
            numbered 152/80,004, and dated December 2007.''; and
                (2) in subsection (c), by striking ``map'' and inserting
            ``maps''.
    SEC. 7104. <<NOTE: Ohio.>>  HOPEWELL CULTURE NATIONAL HISTORICAL
                              PARK BOUNDARY EXPANSION.

        Section 2 of the Act entitled ``An Act to rename and expand the
    boundaries of the Mound City Group National Monument in Ohio'', approved
    May 27, 1992 (106 Stat. 185), <<NOTE: 16 USC 410uu-1.>>  is amended--
                (1) by striking ``and'' at the end of subsection (a)(3);
                (2) by striking the period at the end of subsection (a)(4)
            and inserting ``; and'';
                (3) by adding after subsection (a)(4) the following new
            paragraph:
                ``(5) the map entitled `Hopewell Culture National Historical
            Park, Ohio Proposed Boundary Adjustment' numbered 353/80,049 and
            dated June, 2006.''; and
                (4) by adding after subsection (d)(2) the following new
            paragraph:
                ``(3) The Secretary may acquire lands added by subsection
            (a)(5) only from willing sellers.''.
    SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE
                              BOUNDARY ADJUSTMENT.

        (a) In General.--Section 901 of the National Parks and Recreation
    Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
    striking ``of approximately twenty thousand acres generally depicted on
    the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical
    Park and Preserve' numbered 90,000B and dated April 1978,'' and
    inserting ``generally depicted on the map entitled `Boundary Map,
    Barataria Preserve Unit, Jean Lafitte National Historical Park and
    Preserve', numbered 467/80100A, and dated December 2007,''.
        (b) Acquisition of Land.--Section 902 of the National Parks and
    Recreation Act of 1978 (16 U.S.C. 230a) is amended--
                (1) in subsection (a)--
                        (A) by striking ``(a) Within the'' and all that
                    follows through the first sentence and inserting the
                    following:

        ``(a) In General.--
                ``(1) Barataria preserve unit.--
                        ``(A) In general.--The Secretary may acquire any
                    land, water, and interests in land and water within the
                    Barataria Preserve Unit by donation, purchase with
                    donated or appropriated funds, transfer from any other
                    Federal agency, or exchange.
                        ``(B) Limitations.--
                              ``(i) In general.--Any non-Federal land
                          depicted on the map described in section 901 as
                          `Lands Proposed for Addition' may be acquired by
                          the Secretary only with the consent of the owner
                          of the land.
                              ``(ii) Boundary adjustment.--On the date on
                          which the Secretary acquires a parcel of land
                          described in clause (i), the boundary of the
                          Barataria Preserve Unit shall be adjusted to
                          reflect the acquisition.

    [[Page 123 STAT. 1192]]

                              ``(iii) Easements.--To ensure adequate
                          hurricane protection of the communities located in
                          the area, any land identified on the map described
                          in section 901 that is acquired or transferred
                          shall be subject to any easements that have been
                          agreed to by the Secretary and the Secretary of
                          the Army.
                        ``(C) Transfer of administration jurisdiction.--
                    Effective on <<NOTE: Effective date.>>  the date of
                    enactment of the Omnibus Public Land Management Act of
                    2009, administrative jurisdiction over any Federal land
                    within the areas depicted on the map described in
                    section 901 as `Lands Proposed for Addition' is
                    transferred, without consideration, to the
                    administrative jurisdiction of the National Park
                    Service, to be administered as part of the Barataria
                    Preserve Unit.'';
                        (B) in the second sentence, by striking ``The
                    Secretary may also acquire by any of the foregoing
                    methods'' and inserting the following:
                ``(2) French quarter.--The Secretary may acquire by any of
            the methods referred to in paragraph (1)(A)'';
                        (C) in the third sentence, by striking ``Lands,
                    waters, and interests therein'' and inserting the
                    following:
                ``(3) Acquisition of state land.--Land, water, and interests
            in land and water''; and
                        (D) in the fourth sentence, by striking ``In
                    acquiring'' and inserting the following:
                ``(4) Acquisition of oil and gas rights.--In acquiring'';
                (2) by striking subsections (b) through (f) and inserting
            the following:

        ``(b) Resource Protection.--With respect to the land, water, and
    interests in land and water of the Barataria Preserve Unit, the
    Secretary shall preserve and protect--
                ``(1) fresh water drainage patterns;
                ``(2) vegetative cover;
                ``(3) the integrity of ecological and biological systems;
            and
                ``(4) water and air quality.

        ``(c) Adjacent Land.--With the consent of the owner and the parish
    governing authority, the Secretary may--
                ``(1) acquire land, water, and interests in land and water,
            by any of the methods referred to in subsection (a)(1)(A)
            (including use of appropriations from the Land and Water
            Conservation Fund); and
                ``(2) revise the boundaries of the Barataria Preserve Unit
            to include adjacent land and water.''; and
                (3) by redesignating subsection (g) as subsection (d).

        (c) Definition of Improved Property.--Section 903 of the National
    Parks and Recreation Act of 1978 (16 U.S.C. 230b) is amended in the
    fifth sentence by inserting ``(or January 1, 2007, for areas added to
    the park after that date)'' after ``January 1, 1977''.
        (d) Hunting, Fishing, and Trapping.--Section 905 of the National
    Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the
    first sentence by striking ``, except that within the core area and on
    those lands acquired by the Secretary pursuant to section 902(c) of this
    title, he'' and inserting ``on land, and interests in land and water
    managed by the Secretary, except that the Secretary''.

    [[Page 123 STAT. 1193]]

        (e) Administration.--Section 906 of the National Parks and
    Recreation Act of 1978 (16 U.S.C. 230e) is amended--
                (1) by striking the first sentence; and
                (2) in the second sentence, by striking ``Pending such
            establishment and thereafter the'' and inserting ``The''.

        (f) References in Law.--
                (1) <<NOTE: 16 USC 230 note.>>  In general.--Any reference
            in a law (including regulations), map, document, paper, or other
            record of the United States--
                        (A) to the Barataria Marsh Unit shall be considered
                    to be a reference to the Barataria Preserve Unit; or
                        (B) <<NOTE: 16 USC 230 note, 231, 231a, 231b.>>  to
                    the Jean Lafitte National Historical Park shall be
                    considered to be a reference to the Jean Lafitte
                    National Historical Park and Preserve.
                (2) Conforming amendments.--Title IX of the National Parks
            and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
                        (A) <<NOTE: 16 USC 230b, 230d.>>  by striking
                    ``Barataria Marsh Unit'' each place it appears and
                    inserting ``Barataria Preserve Unit''; and
                        (B) <<NOTE: 16 USC 230, 230a, 230h.>>  by striking
                    ``Jean Lafitte National Historical Park'' each place it
                    appears and inserting ``Jean Lafitte National Historical
                    Park and Preserve''.
    SEC. 7106. <<NOTE: Massachusetts. 16 USC 410t note.>>  MINUTE MAN
                              NATIONAL HISTORICAL PARK.

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

        (b) Minute Man National Historical Park.--
                (1) Boundary adjustment.--
                        (A) In general.--The boundary of the Park is
                    modified to include the area generally depicted on the
                    map.
                        (B) Availability of map.--The map shall be on file
                    and available for inspection in the appropriate offices
                    of the National Park Service.
                (2) Acquisition of land.--The Secretary may acquire the land
            or an interest in the land described in paragraph (1)(A) by--
                        (A) purchase from willing sellers with donated or
                    appropriated funds;
                        (B) donation; or
                        (C) exchange.
                (3) Administration of land.--The Secretary shall administer
            the land added to the Park under paragraph (1)(A) in accordance
            with applicable laws (including regulations).

        (c) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
    SEC. 7107. <<NOTE: Florida. 16 USC 410r-9.>>  EVERGLADES NATIONAL
                              PARK.

        (a) Inclusion of Tarpon Basin Property.--
                (1) Definitions.--In this subsection:
                        (A) Hurricane hole.--The term ``Hurricane Hole''
                    means the natural salt-water body of water within the

    [[Page 123 STAT. 1194]]

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

        (b) Land Exchanges.--
                (1) Definitions.--In this subsection:
                        (A) Company.--The term ``Company'' means Florida
                    Power & Light Company.
                        (B) Federal land.--The term ``Federal Land'' means
                    the parcels of land that are--
                              (i) owned by the United States;
                              (ii) administered by the Secretary;
                              (iii) located within the National Park; and
                              (iv) generally depicted on the map as--
                                        (I) Tract A, which is adjacent to
                                    the Tamiami Trail, U.S. Rt. 41; and
                                        (II) Tract B, which is located on
                                    the eastern boundary of the National
                                    Park.
                        (C) Map.--The term ``map'' means the map prepared by
                    the National Park Service, entitled ``Proposed Land
                    Exchanges, Everglades National Park'', numbered 160/
                    60411A, and dated September 2008.
                        (D) National park.--The term ``National Park'' means
                    the Everglades National Park located in the State.

    [[Page 123 STAT. 1195]]

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

    [[Page 123 STAT. 1196]]

                    the non-Federal land generally depicted on the map as
                    ``Tract D'', and the offer is acceptable to the
                    Secretary, the Secretary may, subject to valid existing
                    rights, accept the offer and convey to the Company all
                    right, title, and interest of the United States in and
                    to the Federal land generally depicted on the map as
                    ``Tract B'', along with a perpetual easement on a
                    corridor of land contiguous to Tract B for the purpose
                    of vegetation management.
                        (B) Conditions.--The land exchange under
                    subparagraph (A) shall be subject to such terms and
                    conditions as the Secretary may require.
                        (C) Valuation.--
                              (i) In general.--The values of the land
                          involved in the land exchange under subparagraph
                          (A) shall be equal unless the non-Federal land is
                          of higher value than the Federal land.
                              (ii) Equalization.--If the values of the land
                          are not equal, the values may be equalized by
                          donation, payment using donated or appropriated
                          funds, or the conveyance of additional parcels of
                          land.
                        (D) Appraisal.--Before the exchange of land under
                    subparagraph (A), appraisals for the Federal and non-
                    Federal land shall be conducted in accordance with the
                    Uniform Appraisal Standards for Federal Land
                    Acquisitions and the Uniform Standards of Professional
                    Appraisal Practice.
                        (E) Technical corrections.--Subject to the agreement
                    of the Company, the Secretary may make minor corrections
                    to correct technical and clerical errors in the legal
                    descriptions of the Federal and non-Federal land and
                    minor adjustments to the boundaries of the Federal and
                    non-Federal land.
                        (F) Administration of land acquired by secretary.--
                    Land acquired by the Secretary under subparagraph (A)
                    shall--
                              (i) become part of the National Park; and
                              (ii) be administered in accordance with the
                          laws applicable to the National Park System.
                (4) Map.--The map shall be on file and available for public
            inspection in the appropriate offices of the National Park
            Service.
                (5) Boundary revision.--On completion of the land exchanges
            authorized by this subsection, the Secretary shall adjust the
            boundary of the National Park accordingly, including removing
            the land conveyed out of Federal ownership.
    SEC. 7108. <<NOTE: Hawaii. 16 USC 410jj-4 note. Ka `Ohana O
                              Kalaupapa. Establishment.>>  KALAUPAPA
                              NATIONAL HISTORICAL PARK.

        (a) In General.--The Secretary of the Interior shall authorize Ka
    `Ohana O Kalaupapa, a non-profit organization consisting of patient
    residents at Kalaupapa National Historical Park, and their family
    members and friends, to establish a memorial at a suitable location or
    locations approved by the Secretary at Kalawao or Kalaupapa within the
    boundaries of Kalaupapa National Historical Park located on the island
    of Molokai, in the State of Hawaii, to honor and perpetuate the memory
    of those individuals who were forcibly relocated to Kalaupapa Peninsula
    from 1866 to 1969.
        (b) Design.--

    [[Page 123 STAT. 1197]]

                (1) In general.--The memorial authorized by subsection (a)
            shall--
                        (A) display in an appropriate manner the names of
                    the first 5,000 individuals sent to the Kalaupapa
                    Peninsula between 1866 and 1896, most of whom lived at
                    Kalawao; and
                        (B) display in an appropriate manner the names of
                    the approximately 3,000 individuals who arrived at
                    Kalaupapa in the second part of its history, when most
                    of the community was concentrated on the Kalaupapa side
                    of the peninsula.
                (2) Approval.--The location, size, design, and inscriptions
            of the memorial authorized by subsection (a) shall be subject to
            the approval of the Secretary of the Interior.

        (c) Funding.--Ka `Ohana O Kalaupapa, a nonprofit organization, shall
    be solely responsible for acceptance of contributions for and payment of
    the expenses associated with the establishment of the memorial.
    SEC. 7109. <<NOTE: Massachusetts.>>  BOSTON HARBOR ISLANDS
                              NATIONAL RECREATION AREA.

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

        (b) Technical Amendments.--
                (1) Membership.--Section 1029(e)(2)(B) of the Omnibus Parks
            and Public Lands Management Act of 1996 (16 U.S.C.
            460kkk(e)(2)(B)) is amended by striking ``Coast Guard'' and
            inserting ``Coast Guard.''.

    [[Page 123 STAT. 1198]]

                (2) Donations.--Section 1029(e)(11) of the Omnibus Parks and
            Public Lands Management Act of 1996 (16 U.S.C. 460kkk(e)(11)) is
            amended by striking ``Nothwithstanding'' and inserting
            ``Notwithstanding''.
    SEC. 7110. <<NOTE: 16 USC 410mmm.>>  THOMAS EDISON NATIONAL
                              HISTORICAL PARK, NEW JERSEY.

        (a) Purposes.--The purposes of this section are--
                (1) to recognize and pay tribute to Thomas Alva Edison and
            his innovations; and
                (2) to preserve, protect, restore, and enhance the Edison
            National Historic Site to ensure public use and enjoyment of the
            Site as an educational, scientific, and cultural center.

        (b) Establishment.--
                (1) In general.--There is established the Thomas Edison
            National Historical Park as a unit of the National Park System
            (referred to in this section as the ``Historical Park'').
                (2) Boundaries.--The Historical Park shall be comprised of
            all property owned by the United States in the Edison National
            Historic Site as well as all property authorized to be acquired
            by the Secretary of the Interior (referred to in this section as
            the ``Secretary'') for inclusion in the Edison National Historic
            Site before the date of the enactment of this Act, as generally
            depicted on the map entitled the ``Thomas Edison National
            Historical Park'', numbered 403/80,000, and dated April 2008.
                (3) Map.--The map of the Historical Park shall be on file
            and available for public inspection in the appropriate offices
            of the National Park Service.

        (c) Administration.--
                (1) In general.--The Secretary shall administer the
            Historical Park in accordance with this section and with the
            provisions of law generally applicable to units of the National
            Park System, including the Acts entitled ``An Act to establish a
            National Park Service, and for other purposes,'' approved August
            25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and ``An Act to
            provide for the preservation of historic American sites,
            buildings, objects, and antiquities of national significance,
            and for other purposes,'' approved August 21, 1935 (16 U.S.C.
            461 et seq.).
                (2) Acquisition of property.--
                        (A) Real property.--The Secretary may acquire land
                    or interests in land within the boundaries of the
                    Historical Park, from willing sellers only, by donation,
                    purchase with donated or appropriated funds, or
                    exchange.
                        (B) Personal property.--The Secretary may acquire
                    personal property associated with, and appropriate for,
                    interpretation of the Historical Park.
                (3) Cooperative agreements.--The Secretary may consult and
            enter into cooperative agreements with interested entities and
            individuals to provide for the preservation, development,
            interpretation, and use of the Historical Park.
                (4) Repeal of superseded law.--Public Law 87-628 (76 Stat.
            428), <<NOTE: 16 USC 461 note.>>  regarding the establishment
            and administration of the Edison National Historic Site, is
            repealed.
                (5) <<NOTE: 16 USC 431 note.>>  References.--Any reference
            in a law, map, regulation, document, paper, or other record of
            the United States to the

    [[Page 123 STAT. 1199]]

            ``Edison National Historic Site'' shall be deemed to be a
            reference to the ``Thomas Edison National Historical Park''.

        (d) Authorization of Appropriations.--There is authorized to be
    appropriated such sums as may be necessary to carry out this section.
    SEC. 7111. <<NOTE: New York. 16 USC 469m.>>  WOMEN'S RIGHTS
                              NATIONAL HISTORICAL PARK.

        (a) Votes for Women Trail.--Title XVI of Public Law 96-607 (16
    U.S.C. 410ll) is amended by adding at the end the following:
    ``SEC. 1602. <<NOTE: 16 USC 410ll-1.>>  VOTES FOR WOMEN TRAIL.

        ``(a) Definitions.--In this section:
                ``(1) Park.--The term `Park' means the Women's Rights
            National Historical Park established by section 1601.
                ``(2) Secretary.--The term `Secretary' means the Secretary
            of the Interior, acting through the Director of the National
            Park Service.
                ``(3) State.--The term `State' means the State of New York.
                ``(4) Trail.--The term `Trail' means the Votes for Women
            History Trail Route designated under subsection (b).

        ``(b) Establishment of Trail Route.--The Secretary, with concurrence
    of the agency having jurisdiction over the relevant roads, may designate
    a vehicular tour route, to be known as the `Votes for Women History
    Trail Route', to link properties in the State that are historically and
    thematically associated with the struggle for women's suffrage in the
    United States.
        ``(c) Administration.--The Trail shall be administered by the
    National Park Service through the Park.
        ``(d) Activities.--To facilitate the establishment of the Trail and
    the dissemination of information regarding the Trail, the Secretary
    shall--
                ``(1) produce and disseminate appropriate educational
            materials regarding the Trail, such as handbooks, maps,
            exhibits, signs, interpretive guides, and electronic
            information;
                ``(2) coordinate the management, planning, and standards of
            the Trail in partnership with participating properties, other
            Federal agencies, and State and local governments;
                ``(3) create and adopt an official, uniform symbol or device
            to mark the Trail; and
                ``(4) <<NOTE: Guidelines.>>  issue guidelines for the use of
            the symbol or device adopted under paragraph (3).

        ``(e) Elements of Trail Route.--Subject to the consent of the owner
    of the property, the Secretary may designate as an official stop on the
    Trail--
                ``(1) all units and programs of the Park relating to the
            struggle for women's suffrage;
                ``(2) other Federal, State, local, and privately owned
            properties that the Secretary determines have a verifiable
            connection to the struggle for women's suffrage; and
                ``(3) other governmental and nongovernmental facilities and
            programs of an educational, commemorative, research, or
            interpretive nature that the Secretary determines to be directly
            related to the struggle for women's suffrage.

        ``(f) Cooperative Agreements and Memoranda of Understanding.--
                ``(1) In general.--To facilitate the establishment of the
            Trail and to ensure effective coordination of the Federal and

    [[Page 123 STAT. 1200]]

            non-Federal properties designated as stops along the Trail, the
            Secretary may enter into cooperative agreements and memoranda of
            understanding with, and provide technical and financial
            assistance to, other Federal agencies, the State, localities,
            regional governmental bodies, and private entities.
                ``(2) Authorization of appropriations.--There are authorized
            to be appropriated to the Secretary such sums as are necessary
            for the period of fiscal years 2009 through 2013 to provide
            financial assistance to cooperating entities pursuant to
            agreements or memoranda entered into under paragraph (1).''.

        (b) National Women's Rights History Project National Registry.--
                (1) In general.--The Secretary of the Interior (referred to
            in this section as the ``Secretary'') may make annual grants to
            State historic preservation offices for not more than 5 years to
            assist the State historic preservation offices in surveying,
            evaluating, and nominating to the National Register of Historic
            Places women's rights history properties.
                (2) Eligibility.--In making grants under paragraph (1), the
            Secretary shall give priority to grants relating to properties
            associated with the multiple facets of the women's rights
            movement, such as politics, economics, education, religion, and
            social and family rights.
                (3) <<NOTE: Web posting.>>  Updates.--The Secretary shall
            ensure that the National Register travel itinerary website
            entitled ``Places Where Women Made History'' is updated to
            contain--
                        (A) the results of the inventory conducted under
                    paragraph (1); and
                        (B) any links to websites related to places on the
                    inventory.
                (4) Cost-sharing requirement.--The Federal share of the cost
            of any activity carried out using any assistance made available
            under this subsection shall be 50 percent.
                (5) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary to carry out this subsection
            $1,000,000 for each of fiscal years 2009 through 2013.

        (c) National Women's Rights History Project Partnerships Network.--
                (1) Grants.--The Secretary may make matching grants and give
            technical assistance for development of a network of
            governmental and nongovernmental entities (referred to in this
            subsection as the ``network''), the purpose of which is to
            provide interpretive and educational program development of
            national women's rights history, including historic
            preservation.
                (2) Management of network.--
                        (A) <<NOTE: Designation.>>  In general.--The
                    Secretary shall, through a competitive process,
                    designate a nongovernmental managing network to manage
                    the network.
                        (B) Coordination.--The nongovernmental managing
                    entity designated under subparagraph (A) shall work in
                    partnership with the Director of the National Park
                    Service and State historic preservation offices to
                    coordinate operation of the network.
                (3) Cost-sharing requirement.--

    [[Page 123 STAT. 1201]]

                        (A) In general.--The Federal share of the cost of
                    any activity carried out using any assistance made
                    available under this subsection shall be 50 percent.
                        (B) State historic preservation offices.--Matching
                    grants for historic preservation specific to the network
                    may be made available through State historic
                    preservation offices.
                (4) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary to carry out this subsection
            $1,000,000 for each of fiscal years 2009 through 2013.
    SEC. 7112. <<NOTE: New York. 16 USC 461 note.>>  MARTIN VAN BUREN
                              NATIONAL HISTORIC SITE.

        (a) Definitions.--In this section:
                (1) Historic site.--The term ``historic site'' means the
            Martin Van Buren National Historic Site in the State of New York
            established by Public Law 93-486 (16 U.S.C. 461 note) on October
            26, 1974.
                (2) Map.--The term ``map'' means the map entitled ``Boundary
            Map, Martin Van Buren National Historic Site'', numbered ``460/
            80801'', and dated January 2005.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (b) Boundary Adjustments to the Historic Site.--
                (1) Boundary adjustment.--The boundary of the historic site
            is adjusted to include approximately 261 acres of land
            identified as the ``PROPOSED PARK BOUNDARY'', as generally
            depicted on the map.
                (2) Acquisition authority.--The Secretary may acquire the
            land and any interests in the land described in paragraph (1)
            from willing sellers by donation, purchase with donated or
            appropriated funds, or exchange.
                (3) Availability of map.--The map shall be on file and
            available for public inspection in the appropriate offices of
            the National Park Service.
                (4) Administration.--Land acquired for the historic site
            under this section shall be administered as part of the historic
            site in accordance with applicable law (including regulations).

        (c) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
    SEC. 7113. <<NOTE: Texas.>>  PALO ALTO BATTLEFIELD NATIONAL
                              HISTORICAL PARK.

        (a) Designation of Palo Alto Battlefield National Historical Park.--
                (1) <<NOTE: 16 USC 410nnn note.>>  In general.--The Palo
            Alto Battlefield National Historic Site shall be known and
            designated as the ``Palo Alto Battlefield National Historical
            Park''.
                (2) <<NOTE: 16 USC 410nnn note.>>   References.--Any
            reference in a law, map, regulation, document, paper, or other
            record of the United States to the historic site referred to in
            subsection (a) shall be deemed to be a reference to the Palo
            Alto Battlefield National Historical Park.
                (3) Conforming amendments.--The Palo Alto Battlefield
            National Historic Site Act of 1991 (16 U.S.C. 461 note; Public
            Law 102-304) is amended--
                        (A) by striking ``National Historic Site'' each
                    place it appears and inserting ``National Historical
                    Park'';

    [[Page 123 STAT. 1202]]

                        (B) in the heading for section 3, by striking
                    ``national historic site'' and inserting ``national
                    historical park''; and
                        (C) by striking ``historic site'' each place it
                    appears and inserting ``historical park''.

        (b) Boundary Expansion, Palo Alto Battlefield National Historical
    Park, Texas.--Section 3(b) of the Palo Alto Battlefield National
    Historic Site Act of 1991 (16 U.S.C. 461 note; Public Law 102-304) (as
    amended by subsection (a)) is amended--
                (1) in paragraph (1), by striking ``(1) The historical
            park'' and inserting the following:
                ``(1) In general.--The historical park'';
                (2) by redesignating paragraph (2) as paragraph (3);
                (3) by inserting after paragraph (1) the following:
                ``(2) Additional land.--
                        ``(A) In general.--In addition to the land described
                    in paragraph (1), the historical park shall consist of
                    approximately 34 acres of land, as generally depicted on
                    the map entitled `Palo Alto Battlefield NHS Proposed
                    Boundary Expansion', numbered 469/80,012, and dated May
                    21, 2008.
                        ``(B) Availability of map.--The map described in
                    subparagraph (A) shall be on file and available for
                    public inspection in the appropriate offices of the
                    National Park Service.''; and
                (4) in paragraph (3) (as redesignated by paragraph (2))--
                        (A) by striking ``(3) Within'' and inserting the
                    following:
                ``(3) Legal description.--Not later than''; and
                        (B) in the second sentence, by striking ``map
                    referred to in paragraph (1)'' and inserting ``maps
                    referred to in paragraphs (1) and (2)''.
    SEC. 7114. <<NOTE: Kentucky. 16 USC 217b.>>  ABRAHAM LINCOLN
                              BIRTHPLACE NATIONAL HISTORICAL PARK.

        (a) Designation.--The Abraham Lincoln Birthplace National Historic
    Site in the State of Kentucky shall be known and designated as the
    ``Abraham Lincoln Birthplace National Historical Park''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Abraham Lincoln
    Birthplace National Historic Site shall be deemed to be a reference to
    the ``Abraham Lincoln Birthplace National Historical Park''.
    SEC. 7115. NEW RIVER GORGE NATIONAL RIVER.

        Section 1106 of the National Parks and Recreation Act of 1978 (16
    U.S.C. 460m-20) is amended in the first sentence by striking ``may'' and
    inserting ``shall''.
    SEC. 7116. TECHNICAL CORRECTIONS.

        (a) Gaylord Nelson Wilderness.--
                (1) Redesignation.--Section 140 of division E of the
            Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note;
            Public Law 108-447), is amended--
                        (A) in subsection (a), by striking ``Gaylord A.
                    Nelson'' and inserting ``Gaylord Nelson''; and
                        (B) in subsection (c)(4), by striking ``Gaylord A.
                    Nelson Wilderness'' and inserting ``Gaylord Nelson
                    Wilderness''.

    [[Page 123 STAT. 1203]]

                (2) References.--Any reference in a law, map, regulation,
            document, paper, or other record of the United States to the
            ``Gaylord A. Nelson Wilderness'' shall be deemed to be a
            reference to the ``Gaylord Nelson Wilderness''.

        (b) Arlington House Land Transfer.--Section 2863(h)(1) of Public Law
    107-107 (115 Stat. 1333) is amended by striking ``the George Washington
    Memorial Parkway'' and inserting ``Arlington House, The Robert E. Lee
    Memorial,''.
        (c) Cumberland Island Wilderness.--Section 2(a)(1) of Public Law 97-
    250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by striking
    ``numbered 640/20,038I, and dated September 2004'' and inserting
    ``numbered 640/20,038K, and dated September 2005''.
        (d) Petrified Forest Boundary.--Section 2(1) of the Petrified Forest
    National Park Expansion Act of 2004 (16 U.S.C. 119 note; Public Law 108-
    430) is amended by striking ``numbered 110/80,044, and dated July 2004''
    and inserting ``numbered 110/80,045, and dated January 2005''.
        (e) Commemorative Works Act.--Chapter 89 of title 40, United States
    Code, is amended--
                (1) in section 8903(d), by inserting ``Natural'' before
            ``Resources'';
                (2) in section 8904(b), by inserting ``Advisory'' before
            ``Commission''; and
                (3) in section 8908(b)(1)--
                        (A) in the first sentence, by inserting ``Advisory''
                    before ``Commission''; and
                        (B) in the second sentence, by striking ``House
                    Administration'' and inserting ``Natural Resources''.

        (f) Captain John Smith Chesapeake National Historic Trail.--Section
    5(a)(25)(A) of the National Trails System Act (16 U.S.C. 1244(a)(25)(A))
    is amended by striking ``The John Smith'' and inserting ``The Captain
    John Smith''.
        (g) Delaware National Coastal Special Resource Study.--Section 604
    of the Delaware National Coastal Special Resources Study Act (Public Law
    109-338; 120 Stat. 1856) is amended by striking ``under section 605''.
        (h) Use of Recreation Fees.--Section 808(a)(1)(F) of the Federal
    Lands Recreation Enhancement Act (16 U.S.C. 6807(a)(1)(F)) is amended by
    striking ``section 6(a)'' and inserting ``section 806(a)''.
        (i) Crossroads of the American Revolution National Heritage Area.--
    Section 297F(b)(2)(A) of the Crossroads of the American Revolution
    National Heritage Area Act of 2006 (Public Law 109-338; 120 Stat.
    1844) <<NOTE: 16 USC 461 note.>>  is amended by inserting ``duties''
    before ``of the''.

        (j) Cuyahoga Valley National Park.--Section 474(12) of the
    Consolidated Natural Resources Act of 2008 (Public Law 1110-229; 122
    Stat. 827) <<NOTE: 16 USC 461 note.>>  is amended by striking
    ``Cayohoga'' each place it appears and inserting ``Cuyahoga''.

        (k) Pennsylvania Avenue National Historic Site.--
                (1) <<NOTE: 16 USC 6702.>>  Name on map.--Section
            313(d)(1)(B) of the Department of the Interior and Related
            Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat.
            1321-199; 40 U.S.C. 872 note) is amended by striking ``map
            entitled `Pennsylvania Avenue National Historic Park', dated
            June 1, 1995, and numbered 840-82441'' and inserting ``map
            entitled `Pennsylvania Avenue National Historic Site', dated
            August 25, 2008, and numbered 840-82441B''.

    [[Page 123 STAT. 1204]]

                (2) <<NOTE: 16 USC 6702 note.>>  References.--Any reference
            in a law, map, regulation, document, paper, or other record of
            the United States to the Pennsylvania Avenue National Historic
            Park shall be deemed to be a reference to the ``Pennsylvania
            Avenue National Historic Site''.
    SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK,
                              OHIO.

        (a) Additional Areas Included in Park.--Section 101 of the Dayton
    Aviation Heritage Preservation Act of 1992 <<NOTE: 16 USC 410ww.>>  (16
    U.S.C. 410ww, et seq.) is amended by adding at the end the following:

        ``(c) Additional Sites.--In addition to the sites described in
    subsection (b), the park shall consist of the following sites, as
    generally depicted on a map titled `Dayton Aviation Heritage National
    Historical Park', numbered 362/80,013 and dated May 2008:
                ``(1) Hawthorn Hill, Oakwood, Ohio.
                ``(2) The Wright Company factory and associated land and
            buildings, Dayton, Ohio.''.

        (b) Protection of Historic Properties.--Section 102 of the Dayton
    Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww-1) is
    amended--
                (1) in subsection (a), by inserting ``Hawthorn Hill, the
            Wright Company factory,'' after ``, acquire'';
                (2) in subsection (b), by striking ``Such agreements'' and
            inserting:

        ``(d) Conditions.--Cooperative agreements under this section'';
                (3) by inserting before subsection (d) (as added by
            paragraph 2) the following:

        ``(c) Cooperative Agreements.--The Secretary is authorized to enter
    into a cooperative agreement with a partner or partners, including the
    Wright Family Foundation, to operate and provide programming for
    Hawthorn Hill and charge reasonable fees notwithstanding any other
    provision of law, which may be used to defray the costs of park
    operation and programming.''; and
                (4) by striking ``Commission'' and inserting ``Aviation
            Heritage Foundation''.

        (c) Grant Assistance.--The Dayton Aviation Heritage Preservation Act
    of 1992, is amended--
                (1) by redesignating subsection (b) of section
            108 <<NOTE: 16 USC 410ww-7.>>  as subsection (c); and
                (2) by inserting after subsection (a) of section 108 the
            following new subsection:

        ``(b) Grant Assistance.--The Secretary is authorized to make grants
    to the parks' partners, including the Aviation Trail, Inc., the Ohio
    Historical Society, and Dayton History, for projects not requiring
    Federal involvement other than providing financial assistance, subject
    to the availability of appropriations in advance identifying the
    specific partner grantee and the specific project. Projects funded
    through these grants shall be limited to construction and development on
    non-Federal property within the boundaries of the park. Any project
    funded by such a grant shall support the purposes of the park, shall be
    consistent with the park's general management plan, and shall enhance
    public use and enjoyment of the park.''.
        (d) National Aviation Heritage Area.--Title V of division J of the
    Consolidated Appropriations Act, 2005 (16 U.S.C. 461 note; Public Law
    108-447), is amended--

    [[Page 123 STAT. 1205]]

                (1) in section 503(3), by striking ``104'' and inserting
            ``504'';
                (2) in section 503(4), by striking ``106'' and inserting
            ``506'';
                (3) in section 504, by striking subsection (b)(2) and by
            redesignating subsection (b)(3) as subsection (b)(2); and
                (4) in section 505(b)(1), by striking ``106'' and inserting
            ``506''.
    SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE.

        Public Law 87-213 (16 U.S.C. 461 note) is amended as follows:
                (1) In the first section--
                        (A) by striking ``the Secretary of the Interior''
                    and inserting ``(a) The Secretary of the Interior'';
                        (B) by striking ``476 acres'' and inserting ``646
                    acres''; and
                        (C) by adding at the end the following:

        ``(b) The Secretary may acquire from willing sellers land comprising
    approximately 55 acres, as depicted on the map titled `Fort Davis
    Proposed Boundary Expansion', numbered 418/80,045, and dated April 2008.
    The map shall be on file and available for public inspection in the
    appropriate offices of the National Park Service. Upon acquisition of
    the land, the land shall be incorporated into the Fort Davis National
    Historic Site.''.
                (2) By repealing section 3.

                      Subtitle C--Special Resource Studies

    SEC. 7201. WALNUT CANYON STUDY.

        (a) Definitions.--In this section:
                (1) Map.--The term ``map'' means the map entitled ``Walnut
            Canyon Proposed Study Area'' and dated July 17, 2007.
                (2) Secretaries.--The term ``Secretaries'' means the
            Secretary of the Interior and the Secretary of Agriculture,
            acting jointly.
                (3) Study area.--The term ``study area'' means the area
            identified on the map as the ``Walnut Canyon Proposed Study
            Area''.

        (b) Study.--
                (1) In general.--The Secretaries shall conduct a study of
            the study area to assess--
                        (A) the suitability and feasibility of designating
                    all or part of the study area as an addition to Walnut
                    Canyon National Monument, in accordance with section
                    8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c));
                        (B) continued management of the study area by the
                    Forest Service; or
                        (C) any other designation or management option that
                    would provide for--
                              (i) protection of resources within the study
                          area; and
                              (ii) continued access to, and use of, the
                          study area by the public.
                (2) <<NOTE: Public comment.>>  Consultation.--The
            Secretaries shall provide for public comment in the preparation
            of the study, including consultation with appropriate Federal,
            State, and local governmental entities.

    [[Page 123 STAT. 1206]]

                (3) Report.--Not later than 18 months after the date on
            which funds are made available to carry out this section, the
            Secretaries shall submit to the Committee on Energy and Natural
            Resources of the Senate and the Committee on Natural Resources
            of the House of Representatives a report that describes--
                        (A) the results of the study; and
                        (B) any recommendations of the Secretaries.
                (4) Authorization of appropriations.--There are authorized
            to be appropriated such sums as are necessary to carry out this
            section.
    SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA.

        (a) Study.--
                (1) In general.--The Secretary of the Interior (referred to
            in this section as the ``Secretary'') shall conduct a special
            resource study of the Tule Lake Segregation Center to determine
            the national significance of the site and the suitability and
            feasibility of including the site in the National Park System.
                (2) Study guidelines.--The study shall be conducted in
            accordance with the criteria for the study of areas for
            potential inclusion in the National Park System under section 8
            of Public Law 91-383 (16 U.S.C. 1a-5).
                (3) Consultation.--In conducting the study, the Secretary
            shall consult with--
                        (A) Modoc County;
                        (B) the State of California;
                        (C) appropriate Federal agencies;
                        (D) tribal and local government entities;
                        (E) private and nonprofit organizations; and
                        (F) private landowners.
                (4) Scope of study.--The study shall include an evaluation
            of--
                        (A) the significance of the site as a part of the
                    history of World War II;
                        (B) the significance of the site as the site relates
                    to other war relocation centers;.
                        (C) the historical resources of the site, including
                    the stockade, that are intact and in place;
                        (D) the contributions made by the local agricultural
                    community to the World War II effort; and
                        (E) the potential impact of designation of the site
                    as a unit of the National Park System on private
                    landowners.

        (b) Report.--Not later than 3 years after the date on which funds
    are made available to conduct the study required under this section, the
    Secretary shall submit to the Committee on Natural Resources of the
    House of Representatives and the Committee on Energy and Natural
    Resources of the Senate a report describing the findings, conclusions,
    and recommendations of the study.
    SEC. 7203. <<NOTE: Virgin Islands.>>  ESTATE GRANGE, ST. CROIX.

        (a) Study.--
                (1) In general.--The Secretary of the Interior (referred to
            in this section as the ``Secretary''), in consultation with the
            Governor of the Virgin Islands, shall conduct a special resource
            study of Estate Grange and other sites and resources

    [[Page 123 STAT. 1207]]

            associated with Alexander Hamilton's life on St. Croix in the
            United States Virgin Islands.
                (2) <<NOTE: Evaluation.>>  Contents.--In conducting the
            study under paragraph (1), the Secretary shall evaluate--
                        (A) the national significance of the sites and
                    resources; and
                        (B) the suitability and feasibility of designating
                    the sites and resources as a unit of the National Park
                    System.
                (3) <<NOTE: Applicability.>>  Criteria.--The criteria for
            the study of areas for potential inclusion in the National Park
            System contained in section 8 of Public Law 91-383 (16 U.S.C.
            1a-5) shall apply to the study under paragraph (1).
                (4) Report.--Not later than 3 years after the date on which
            funds are first made available for the study under paragraph
            (1), the Secretary shall submit to the Committee on Natural
            Resources of the House of Representatives and the Committee on
            Energy and Natural Resources of the Senate a report containing--
                        (A) the results of the study; and
                        (B) any findings, conclusions, and recommendations
                    of the Secretary.

        (b) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
    SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE.

        (a) Study.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date on which funds are made available to carry out
            this section, the Secretary of the Interior (referred to in this
            section as the ``Secretary'') shall complete a special resource
            study of the Harriet Beecher Stowe House in Brunswick, Maine, to
            evaluate--
                        (A) the national significance of the Harriet Beecher
                    Stowe House and surrounding land; and
                        (B) the suitability and feasibility of designating
                    the Harriet Beecher Stowe House and surrounding land as
                    a unit of the National Park System.
                (2) Study guidelines.--In conducting the study authorized
            under paragraph (1), the Secretary shall use the criteria for
            the study of areas for potential inclusion in the National Park
            System contained in section 8(c) of Public Law 91-383 (16 U.S.C.
            1a-5(c)).

        (b) Report.--On completion of the study required under subsection
    (a), the Secretary shall submit to the Committee on Energy and Natural
    Resources of the Senate and the Committee on Natural Resources of the
    House of Representatives a report containing the findings, conclusions,
    and recommendations of the study.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
    SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA.

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

    [[Page 123 STAT. 1208]]

                (1) the national significance of the Shepherdstown
            battlefield and sites relating to the Shepherdstown battlefield;
            and
                (2) the suitability and feasibility of adding the
            Shepherdstown battlefield and sites relating to the
            Shepherdstown battlefield as part of--
                        (A) Harpers Ferry National Historical Park; or
                        (B) Antietam National Battlefield.

        (b) Criteria.--In conducting the study authorized under subsection
    (a), the Secretary shall use the criteria for the study of areas for
    potential inclusion in the National Park System contained in section
    8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
        (c) Report.--Not later than 3 years after the date on which funds
    are made available to carry out this section, the Secretary shall submit
    to the Committee on Energy and Natural Resources of the Senate and the
    Committee on Natural Resources of the House of Representatives a report
    containing the findings, conclusions, and recommendations of the study
    conducted under subsection (a).
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
    SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE.

        (a) In General.--The Secretary of the Interior (referred to in this
    section as the ``Secretary'') shall conduct a special resource study of
    the site of Green McAdoo School in Clinton, Tennessee, (referred to in
    this section as the ``site'') to evaluate--
                (1) the national significance of the site; and
                (2) the suitability and feasibility of designating the site
            as a unit of the National Park System.

        (b) Criteria.--In conducting the study under subsection (a), the
    Secretary shall use the criteria for the study of areas for potential
    inclusion in the National Park System under section 8(c) of Public Law
    91-383 (16 U.S.C. 1a-5(c)).
        (c) Contents.--The study authorized by this section shall--
                (1) determine the suitability and feasibility of designating
            the site as a unit of the National Park System;
                (2) include cost estimates for any necessary acquisition,
            development, operation, and maintenance of the site; and
                (3) identify alternatives for the management,
            administration, and protection of the site.

        (d) Report.--Not later than 3 years after the date on which funds
    are made available to carry out this section, the Secretary shall submit
    to the Committee on Natural Resources of the House of Representatives
    and the Committee on Energy and Natural Resources of the Senate a report
    that describes--
                (1) the findings and conclusions of the study; and
                (2) any recommendations of the Secretary.
    SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI.

        (a) In General.--The Secretary of the Interior (referred to in this
    section as the ``Secretary'') shall conduct a special resource study of
    the Harry S Truman Birthplace State Historic Site (referred to in this
    section as the ``birthplace site'') in Lamar, Missouri, to determine--
                (1) the suitability and feasibility of--
                        (A) adding the birthplace site to the Harry S Truman
                    National Historic Site; or

    [[Page 123 STAT. 1209]]

                        (B) designating the birthplace site as a separate
                    unit of the National Park System; and
                (2) the methods and means for the protection and
            interpretation of the birthplace site by the National Park
            Service, other Federal, State, or local government entities, or
            private or nonprofit organizations.

        (b) Study Requirements.--The Secretary shall conduct the study
    required under subsection (a) in accordance with section 8(c) of Public
    Law 91-383 (16 U.S.C. 1a-5(c)).
        (c) Report.--Not later than 3 years after the date on which funds
    are made available to carry out this section, the Secretary shall submit
    to the Committee on Natural Resources of the House of Representatives
    and the Committee on Energy and Natural Resources of the Senate a report
    containing--
                (1) the results of the study conducted under subsection (a);
            and
                (2) any recommendations of the Secretary with respect to the
            birthplace site.
    SEC. 7208. <<NOTE: West Virginia.>>  BATTLE OF MATEWAN SPECIAL
                              RESOURCE STUDY.

        (a) In General.--The Secretary of the Interior (referred to in this
    section as the ``Secretary'') shall conduct a special resource study of
    the sites and resources at Matewan, West Virginia, associated with the
    Battle of Matewan (also known as the ``Matewan Massacre'') of May 19,
    1920, to determine--
                (1) the suitability and feasibility of designating certain
            historic areas of Matewan, West Virginia, as a unit of the
            National Park System; and
                (2) the methods and means for the protection and
            interpretation of the historic areas by the National Park
            Service, other Federal, State, or local government entities, or
            private or nonprofit organizations.

        (b) Study Requirements.--The Secretary shall conduct the study
    required under subsection (a) in accordance with section 8(c) of Public
    Law 91-383 (16 U.S.C. 1a-5(c)).
        (c) Report.--Not later than 3 years after the date on which funds
    are made available to carry out this section, the Secretary shall submit
    to the Committee on Natural Resources of the House of Representatives
    and the Committee on Energy and Natural Resources of the Senate a report
    containing--
                (1) the results of the study conducted under subsection (a);
            and
                (2) any recommendations of the Secretary with respect to the
            historic areas.
    SEC. 7209. BUTTERFIELD OVERLAND TRAIL.

        (a) <<NOTE: State listing.>>  In General.--The Secretary of the
    Interior (referred to in this section as the ``Secretary'') shall
    conduct a special resource study along the route known as the ``Ox-Bow
    Route'' of the Butterfield Overland Trail (referred to in this section
    as the ``route'') in the States of Missouri, Tennessee, Arkansas,
    Oklahoma, Texas, New Mexico, Arizona, and California to evaluate--
                (1) a range of alternatives for protecting and interpreting
            the resources of the route, including alternatives for potential
            addition of the Trail to the National Trails System; and
                (2) the methods and means for the protection and
            interpretation of the route by the National Park Service, other

    [[Page 123 STAT. 1210]]

            Federal, State, or local government entities, or private or
            nonprofit organizations.

        (b) Study Requirements.--The Secretary shall conduct the study
    required under subsection (a) in accordance with section 8(c) of Public
    Law 91-383 (16 U.S.C. 1a-5(c)) or section 5(b) of the National Trails
    System Act (16 U.S.C. 1244(b)), as appropriate.
        (c) Report.--Not later than 3 years after the date on which funds
    are made available to carry out this section, the Secretary shall submit
    to the Committee on Natural Resources of the House of Representatives
    and the Committee on Energy and Natural Resources of the Senate a report
    containing--
                (1) the results of the study conducted under subsection (a);
            and
                (2) any recommendations of the Secretary with respect to the
            route.
    SEC. 7210. <<NOTE: 16 USC 1a-5 note.>>  COLD WAR SITES THEME
                              STUDY.

        (a) Definitions.--
                (1) Advisory committee.--The term ``Advisory Committee''
            means the Cold War Advisory Committee established under
            subsection (c).
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (3) Theme study.--The term ``theme study'' means the
            national historic landmark theme study conducted under
            subsection (b)(1).

        (b) Cold War Theme Study.--
                (1) In general.--The Secretary shall conduct a national
            historic landmark theme study to identify sites and resources in
            the United States that are significant to the Cold War.
                (2) Resources.--In conducting the theme study, the Secretary
            shall consider--
                        (A) the inventory of sites and resources associated
                    with the Cold War completed by the Secretary of Defense
                    under section 8120(b)(9) of the Department of Defense
                    Appropriations Act, 1991 (Public Law 101-511; 104 Stat.
                    1906); and
                        (B) historical studies and research of Cold War
                    sites and resources, including--
                              (i) intercontinental ballistic missiles;
                              (ii) flight training centers;
                              (iii) manufacturing facilities;
                              (iv) communications and command centers (such
                          as Cheyenne Mountain, Colorado);
                              (v) defensive radar networks (such as the
                          Distant Early Warning Line);
                              (vi) nuclear weapons test sites (such as the
                          Nevada test site); and
                              (vii) strategic and tactical aircraft.
                (3) Contents.--The theme study shall include--
                        (A) recommendations for commemorating and
                    interpreting sites and resources identified by the theme
                    study, including--
                              (i) sites for which studies for potential
                          inclusion in the National Park System should be
                          authorized;
                              (ii) sites for which new national historic
                          landmarks should be nominated; and
                              (iii) other appropriate designations;

    [[Page 123 STAT. 1211]]

                        (B) recommendations for cooperative agreements
                    with--
                              (i) State and local governments;
                              (ii) local historical organizations; and
                              (iii) other appropriate entities; and
                        (C) an estimate of the amount required to carry out
                    the recommendations under subparagraphs (A) and (B).
                (4) Consultation.--In conducting the theme study, the
            Secretary shall consult with--
                        (A) the Secretary of the Air Force;
                        (B) State and local officials;
                        (C) State historic preservation offices; and
                        (D) other interested organizations and individuals.
                (5) Report.--Not later than 3 years after the date on which
            funds are made available to carry out this section, the
            Secretary shall submit to the Committee on Natural Resources of
            the House of Representatives and the Committee on Energy and
            Natural Resources of the Senate a report that describes the
            findings, conclusions, and recommendations of the theme study.

        (c) Cold War Advisory Committee.--
                (1) Establishment.--As soon as practicable after funds are
            made available to carry out this section, the Secretary shall
            establish an advisory committee, to be known as the ``Cold War
            Advisory Committee'', to assist the Secretary in carrying out
            this section.
                (2) Composition.--The Advisory Committee shall be composed
            of 9 members, to be appointed by the Secretary, of whom--
                        (A) 3 shall have expertise in Cold War history;
                        (B) 2 shall have expertise in historic preservation;
                        (C) 1 shall have expertise in the history of the
                    United States; and
                        (D) 3 shall represent the general public.
                (3) Chairperson.--The Advisory Committee shall select a
            chairperson from among the members of the Advisory Committee.
                (4) Compensation.--A member of the Advisory Committee shall
            serve without compensation but may be reimbursed by the
            Secretary for expenses reasonably incurred in the performance of
            the duties of the Advisory Committee.
                (5) Meetings.--On at least 3 occasions, the Secretary (or a
            designee) shall meet and consult with the Advisory Committee on
            matters relating to the theme study.

        (d) <<NOTE: Deadline.>>  Interpretive Handbook on the Cold War.--Not
    later than 4 years after the date on which funds are made available to
    carry out this section, the Secretary shall--
                (1) <<NOTE: Publication.>>  prepare and publish an
            interpretive handbook on the Cold War; and
                (2) disseminate information in the theme study by other
            appropriate means.

        (e) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $500,000.
    SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA.

        (a) In General.--The Secretary shall complete a special resource
    study of the site of the Battle of Camden fought in South

    [[Page 123 STAT. 1212]]

    Carolina on August 16, 1780, and the site of Historic Camden, which is a
    National Park System Affiliated Area, to determine--
                (1) the suitability and feasibility of designating the sites
            as a unit or units of the National Park System; and
                (2) the methods and means for the protection and
            interpretation of these sites by the National Park Service,
            other Federal, State, or local government entities or private or
            non-profit organizations.

        (b) Study Requirements.--The Secretary shall conduct the study in
    accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
        (c) Report.--Not later than 3 years after the date on which funds
    are made available to carry out this section, the Secretary shall submit
    to the Committee on Natural Resources of the House of Representatives
    and the Committee on Energy and Natural Resources of the Senate a report
    containing--
                (1) the results of the study; and
                (2) any recommendations of the Secretary.
    SEC. 7212. FORT SAN GERONIMO, PUERTO RICO.

        (a) Definitions.--In this section:
                (1) Fort san geronimo.--The term ``Fort San Geronimo'' (also
            known as ``Fortin de San Geronimo del Boqueron'') means the fort
            and grounds listed on the National Register of Historic Places
            and located near Old San Juan, Puerto Rico.
                (2) Related resources.--The term ``related resources'' means
            other parts of the fortification system of old San Juan that are
            not included within the boundary of San Juan National Historic
            Site, such as sections of the City Wall or other fortifications.

        (b) Study.--
                (1) In general.--The Secretary shall complete a special
            resource study of Fort San Geronimo and other related resources,
            to determine--
                        (A) the suitability and feasibility of including
                    Fort San Geronimo and other related resources in the
                    Commonwealth of Puerto Rico as part of San Juan National
                    Historic Site; and
                        (B) the methods and means for the protection and
                    interpretation of Fort San Geronimo and other related
                    resources by the National Park Service, other Federal,
                    State, or local government entities or private or non-
                    profit organizations.
                (2) Study requirements.--The Secretary shall conduct the
            study in accordance with section 8(c) of Public Law 91-383 (16
            U.S.C. 1a-5(c)).

        (c) Report.--Not later than 3 years after the date on which funds
    are made available to carry out this section, the Secretary shall submit
    to the Committee on Natural Resources of the House of Representatives
    and the Committee on Energy and Natural Resources of the Senate a report
    containing--
                (1) the results of the study; and
                (2) any recommendations of the Secretary.

    [[Page 123 STAT. 1213]]

                       Subtitle D--Program Authorizations

    SEC. 7301. <<NOTE: 16 USC 469k-1.>>  AMERICAN BATTLEFIELD
                              PROTECTION PROGRAM.

        (a) Purpose.--The purpose of this section is to assist citizens,
    public and private institutions, and governments at all levels in
    planning, interpreting, and protecting sites where historic battles were
    fought on American soil during the armed conflicts that shaped the
    growth and development of the United States, in order that present and
    future generations may learn and gain inspiration from the ground where
    Americans made their ultimate sacrifice.
        (b) Preservation Assistance.--
                (1) In general.--Using the established national historic
            preservation program to the extent practicable, the Secretary of
            the Interior, acting through the American Battlefield Protection
            Program, shall encourage, support, assist, recognize, and work
            in partnership with citizens, Federal, State, local, and tribal
            governments, other public entities, educational institutions,
            and private nonprofit organizations in identifying, researching,
            evaluating, interpreting, and protecting historic battlefields
            and associated sites on a National, State, and local level.
                (2) Financial assistance.--To carry out paragraph (1), the
            Secretary may use a cooperative agreement, grant, contract, or
            other generally adopted means of providing financial assistance.
                (3) Authorization of appropriations.--There are authorized
            to be appropriated $3,000,000 annually to carry out this
            subsection, to remain available until expended.

        (c) Battlefield Acquisition Grant Program.--
                (1) Definitions.--In this subsection:
                        (A) Battlefield report.--The term ``Battlefield
                    Report'' means the document entitled ``Report on the
                    Nation's Civil War Battlefields'', prepared by the Civil
                    War Sites Advisory Commission, and dated July 1993.
                        (B) Eligible entity.--The term ``eligible entity''
                    means a State or local government.
                        (C) Eligible site.--The term ``eligible site'' means
                    a site--
                              (i) that is not within the exterior boundaries
                          of a unit of the National Park System; and
                              (ii) that is identified in the Battlefield
                          Report.
                        (D) Secretary.--The term ``Secretary'' means the
                    Secretary of the Interior, acting through the American
                    Battlefield Protection Program.
                (2) Establishment.--The Secretary shall establish a
            battlefield acquisition grant program under which the Secretary
            may provide grants to eligible entities to pay the Federal share
            of the cost of acquiring interests in eligible sites for the
            preservation and protection of those eligible sites.
                (3) Nonprofit partners.--An eligible entity may acquire an
            interest in an eligible site using a grant under this subsection
            in partnership with a nonprofit organization.
                (4) Non-federal share.--The non-Federal share of the total
            cost of acquiring an interest in an eligible site under this
            subsection shall be not less than 50 percent.

    [[Page 123 STAT. 1214]]

                (5) Limitation on land use.--An interest in an eligible site
            acquired under this subsection shall be subject to section
            6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16
            U.S.C. 460l-8(f)(3)).
                (6) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary to provide grants under this
            subsection $10,000,000 for each of fiscal years 2009 through
            2013.
    SEC. 7302. <<NOTE: 16 USC 469n.>>  PRESERVE AMERICA PROGRAM.

        (a) Purpose.--The purpose of this section is to authorize the
    Preserve America Program, including--
                (1) the Preserve America grant program within the Department
            of the Interior;
                (2) the recognition programs administered by the Advisory
            Council on Historic Preservation; and
                (3) the related efforts of Federal agencies, working in
            partnership with State, tribal, and local governments and the
            private sector, to support and promote the preservation of
            historic resources.

        (b) Definitions.--In this section:
                (1) Council.--The term ``Council'' means the Advisory
            Council on Historic Preservation.
                (2) Heritage tourism.--The term ``heritage tourism'' means
            the conduct of activities to attract and accommodate visitors to
            a site or area based on the unique or special aspects of the
            history, landscape (including trail systems), and culture of the
            site or area.
                (3) Program.--The term ``program'' means the Preserve
            America Program established under subsection (c)(1).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (c) Establishment.--
                (1) In general.--There is established in the Department of
            the Interior the Preserve America Program, under which the
            Secretary, in partnership with the Council, may provide
            competitive grants to States, local governments (including local
            governments in the process of applying for designation as
            Preserve America Communities under subsection (d)), Indian
            tribes, communities designated as Preserve America Communities
            under subsection (d), State historic preservation offices, and
            tribal historic preservation offices to support preservation
            efforts through heritage tourism, education, and historic
            preservation planning activities.
                (2) Eligible projects.--
                        (A) In general.--The following projects shall be
                    eligible for a grant under this section:
                              (i) A project for the conduct of--
                                        (I) research on, and documentation
                                    of, the history of a community; and
                                        (II) surveys of the historic
                                    resources of a community.
                              (ii) An education and interpretation project
                          that conveys the history of a community or site.
                              (iii) A planning project (other than building
                          rehabilitation) that advances economic development
                          using heritage tourism and historic preservation.

    [[Page 123 STAT. 1215]]

                              (iv) A training project that provides
                          opportunities for professional development in
                          areas that would aid a community in using and
                          promoting its historic resources.
                              (v) A project to support heritage tourism in a
                          Preserve America Community designated under
                          subsection (d).
                              (vi) Other nonconstruction projects that
                          identify or promote historic properties or provide
                          for the education of the public about historic
                          properties that are consistent with the purposes
                          of this section.
                        (B) <<NOTE: Grants.>>  Limitation.--In providing
                    grants under this section, the Secretary shall only
                    provide 1 grant to each eligible project selected for a
                    grant.
                (3) Preference.--In providing grants under this section, the
            Secretary may give preference to projects that carry out the
            purposes of both the program and the Save America's Treasures
            Program.
                (4) Consultation and notification.--
                        (A) Consultation.--The Secretary shall consult with
                    the Council in preparing the list of projects to be
                    provided grants for a fiscal year under the program.
                        (B) <<NOTE: Deadline. List.>>  Notification.--Not
                    later than 30 days before the date on which the
                    Secretary provides grants for a fiscal year under the
                    program, the Secretary shall submit to the Committee on
                    Energy and Natural Resources of the Senate, the
                    Committee on Appropriations of the Senate, the Committee
                    on Natural Resources of the House of Representatives,
                    and the Committee on Appropriations of the House of
                    Representatives a list of any eligible projects that are
                    to be provided grants under the program for the fiscal
                    year.
                (5) Cost-sharing requirement.--
                        (A) In general.--The non-Federal share of the cost
                    of carrying out a project provided a grant under this
                    section shall be not less than 50 percent of the total
                    cost of the project.
                        (B) Form of non-federal share.--The non-Federal
                    share required under subparagraph (A) shall be in the
                    form of--
                              (i) cash; or
                              (ii) donated supplies and related services,
                          the value of which shall be determined by the
                          Secretary.
                        (C) Requirement.--The Secretary shall ensure that
                    each applicant for a grant has the capacity to secure,
                    and a feasible plan for securing, the non-Federal share
                    for an eligible project required under subparagraph (A)
                    before a grant is provided to the eligible project under
                    the program.

        (d) Designation of Preserve America Communities.--
                (1) Application.--To be considered for designation as a
            Preserve America Community, a community, tribal area, or
            neighborhood shall submit to the Council an application
            containing such information as the Council may require.
                (2) Criteria.--To be designated as a Preserve America
            Community under the program, a community, tribal area, or
            neighborhood that submits an application under paragraph (1)

    [[Page 123 STAT. 1216]]

            shall, as determined by the Council, in consultation with the
            Secretary, meet criteria required by the Council and, in
            addition, consider--
                        (A) protection and celebration of the heritage of
                    the community, tribal area, or neighborhood;
                        (B) use of the historic assets of the community,
                    tribal area, or neighborhood for economic development
                    and community revitalization; and
                        (C) encouragement of people to experience and
                    appreciate local historic resources through education
                    and heritage tourism programs.
                (3) Local governments previously certified for historic
            preservation activities.--The Council shall establish an
            expedited process for Preserve America Community designation for
            local governments previously certified for historic preservation
            activities under section 101(c)(1) of the National Historic
            Preservation Act (16 U.S.C. 470a(c)(1)).
                (4) Guidelines.--The Council, in consultation with the
            Secretary, shall establish any guidelines that are necessary to
            carry out this subsection.

        (e) <<NOTE: Guidelines.>>  Regulations.--The Secretary shall develop
    any guidelines and issue any regulations that the Secretary determines
    to be necessary to carry out this section.

        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $25,000,000 for each fiscal year,
    to remain available until expended.
    SEC. 7303. <<NOTE: 16 USC 469o.>>  SAVE AMERICA'S TREASURES
                              PROGRAM.

        (a) Purpose.--The purpose of this section is to authorize within the
    Department of the Interior the Save America's Treasures Program, to be
    carried out by the Director of the National Park Service, in partnership
    with--
                (1) the National Endowment for the Arts;
                (2) the National Endowment for the Humanities;
                (3) the Institute of Museum and Library Services;
                (4) the National Trust for Historic Preservation;
                (5) the National Conference of State Historic Preservation
            Officers;
                (6) the National Association of Tribal Historic Preservation
            Officers; and
                (7) the President's Committee on the Arts and the
            Humanities.

        (b) Definitions.--In this section:
                (1) Collection.--The term ``collection'' means a collection
            of intellectual and cultural artifacts, including documents,
            sculpture, and works of art.
                (2) Eligible entity.--The term ``eligible entity'' means a
            Federal entity, State, local, or tribal government, educational
            institution, or nonprofit organization.
                (3) Historic property.--The term ``historic property'' has
            the meaning given the term in section 301 of the National
            Historic Preservation Act (16 U.S.C. 470w).
                (4) Nationally significant.--The term ``nationally
            significant'' means a collection or historic property that meets
            the applicable criteria for national significance, in accordance
            with regulations promulgated by the Secretary pursuant to
            section

    [[Page 123 STAT. 1217]]

            101(a)(2) of the National Historic Preservation Act (16 U.S.C.
            470a(a)(2)).
                (5) Program.--The term ``program'' means the Save America's
            Treasures Program established under subsection (c)(1).
                (6) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Director of the National
            Park Service.

        (c) Establishment.--
                (1) <<NOTE: Grants.>>  In general.--There is established in
            the Department of the Interior the Save America's Treasures
            program, under which the amounts made available to the Secretary
            under subsection (e) shall be used by the Secretary, in
            consultation with the organizations described in subsection (a),
            subject to paragraph (6)(A)(ii), to provide grants to eligible
            entities for projects to preserve nationally significant
            collections and historic properties.
                (2) Determination of grants.--Of the amounts made available
            for grants under subsection (e), not less than 50 percent shall
            be made available for grants for projects to preserve
            collections and historic properties, to be distributed through a
            competitive grant process administered by the Secretary, subject
            to the eligibility criteria established under paragraph (5).
                (3) Applications for grants.--To be considered for a
            competitive grant under the program an eligible entity shall
            submit to the Secretary an application containing such
            information as the Secretary may require.
                (4) Collections and historic properties eligible for
            competitive grants.--
                        (A) In general.--A collection or historic property
                    shall be provided a competitive grant under the program
                    only if the Secretary determines that the collection or
                    historic property is--
                              (i) nationally significant; and
                              (ii) threatened or endangered.
                        (B) <<NOTE: Determination.>>  Eligible
                    collections.--A determination by the Secretary regarding
                    the national significance of collections under
                    subparagraph (A)(i) shall be made in consultation with
                    the organizations described in subsection (a), as
                    appropriate.
                        (C) Eligible historic properties.--To be eligible
                    for a competitive grant under the program, a historic
                    property shall, as of the date of the grant
                    application--
                              (i) be listed in the National Register of
                          Historic Places at the national level of
                          significance; or
                              (ii) be designated as a National Historic
                          Landmark.
                (5) Selection criteria for grants.--
                        (A) In general.--The Secretary shall not provide a
                    grant under this section to a project for an eligible
                    collection or historic property unless the project--
                              (i) eliminates or substantially mitigates the
                          threat of destruction or deterioration of the
                          eligible collection or historic property;
                              (ii) has a clear public benefit; and
                              (iii) is able to be completed on schedule and
                          within the budget described in the grant
                          application.

    [[Page 123 STAT. 1218]]

                        (B) Preference.--In providing grants under this
                    section, the Secretary may give preference to projects
                    that carry out the purposes of both the program and the
                    Preserve America Program.
                        (C) Limitation.--In providing grants under this
                    section, the Secretary shall only provide 1 grant to
                    each eligible project selected for a grant.
                (6) Consultation and notification by secretary.--
                        (A) Consultation.--
                              (i) In general.--Subject to clause (ii), the
                          Secretary shall consult with the organizations
                          described in subsection (a) in preparing the list
                          of projects to be provided grants for a fiscal
                          year by the Secretary under the program.
                              (ii) Limitation.--If an entity described in
                          clause (i) has submitted an application for a
                          grant under the program, the entity shall be
                          recused by the Secretary from the consultation
                          requirements under that clause and paragraph (1).
                        (B) <<NOTE: Deadline.>>  Notification.--Not later
                    than 30 days before the date on which the Secretary
                    provides grants for a fiscal year under the program, the
                    Secretary shall submit to the Committee on Energy and
                    Natural Resources of the Senate, the Committee on
                    Appropriations of the Senate, the Committee on Natural
                    Resources of the House of Representatives, and the
                    Committee on Appropriations of the House of
                    Representatives a list of any eligible projects that are
                    to be provided grants under the program for the fiscal
                    year.
                (7) Cost-sharing requirement.--
                        (A) In general.--The non-Federal share of the cost
                    of carrying out a project provided a grant under this
                    section shall be not less than 50 percent of the total
                    cost of the project.
                        (B) Form of non-federal share.--The non-Federal
                    share required under subparagraph (A) shall be in the
                    form of--
                              (i) cash; or
                              (ii) donated supplies or related services, the
                          value of which shall be determined by the
                          Secretary.
                        (C) Requirement.--The Secretary shall ensure that
                    each applicant for a grant has the capacity and a
                    feasible plan for securing the non-Federal share for an
                    eligible project required under subparagraph (A) before
                    a grant is provided to the eligible project under the
                    program.

        (d) <<NOTE: Guidelines.>>  Regulations.--The Secretary shall develop
    any guidelines and issue any regulations that the Secretary determines
    to be necessary to carry out this section.

        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $50,000,000 for each fiscal year,
    to remain available until expended.
    SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM.

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

    [[Page 123 STAT. 1219]]

    SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE.

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

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

    Subtitle <<NOTE: Extensions.>>  E--Advisory Commissions
    SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION.

        Section 505(f)(7) of the National Parks and Recreation Act of 1978
    (16 U.S.C. 396d(f)(7)) is amended by striking ``ten years after the date
    of enactment of the Na Hoa Pili O Kaloko-Honokohau Re-establishment Act
    of 1996'' and inserting ``on December 31, 2018''.
    SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.

        Effective <<NOTE: Effective dates.>>  September 26, 2008, section
    8(a) of Public Law 87-126 (16 U.S.C. 459b-7(a)) is amended in the second
    sentence by striking ``2008'' and inserting ``2018''.
    SEC. 7403. CONCESSIONS MANAGEMENT ADVISORY BOARD.

        Section 409(d) of the National Park Service Concessions Management
    Improvement Act of 1998 (16 U.S.C. 5958(d)) is amended in the first
    sentence by striking ``2008'' and inserting ``2009''.
    SEC. <<NOTE: Florida. 16 USC 470a note.>>  7404. ST. AUGUSTINE
                              450TH COMMEMORATION COMMISSION.

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

        (b) Establishment.--
                (1) In general.--There is established a commission, to be
            known as the ``St. Augustine 450th Commemoration Commission''.
                (2) Membership.--
                        (A) Composition.--The Commission shall be composed
                    of 14 members, of whom--
                              (i) 3 members shall be appointed by the
                          Secretary, after considering the recommendations
                          of the St. Augustine City Commission;

    [[Page 123 STAT. 1220]]

                              (ii) 3 members shall be appointed by the
                          Secretary, after considering the recommendations
                          of the Governor;
                              (iii) 1 member shall be an employee of the
                          National Park Service having experience relevant
                          to the historical resources relating to the city
                          of St. Augustine and the commemoration, to be
                          appointed by the Secretary;
                              (iv) 1 member shall be appointed by the
                          Secretary, taking into consideration the
                          recommendations of the Mayor of the city of St.
                          Augustine;
                              (v) 1 member shall be appointed by the
                          Secretary, after considering the recommendations
                          of the Chancellor of the University System of
                          Florida; and
                              (vi) 5 members shall be individuals who are
                          residents of the State who have an interest in,
                          support for, and expertise appropriate to the
                          commemoration, to be appointed by the Secretary,
                          taking into consideration the recommendations of
                          Members of Congress.
                        (B) Time of appointment.--Each appointment of an
                    initial member of the Commission shall be made before
                    the expiration of the 120-day period beginning on the
                    date of enactment of this Act.
                        (C) Term; vacancies.--
                              (i) Term.--A member of the Commission shall be
                          appointed for the life of the Commission.
                              (ii) Vacancies.--
                                        (I) In general.--A vacancy on the
                                    Commission shall be filled in the same
                                    manner in which the original appointment
                                    was made.
                                        (II) Partial term.--A member
                                    appointed to fill a vacancy on the
                                    Commission shall serve for the remainder
                                    of the term for which the predecessor of
                                    the member was appointed.
                              (iii) Continuation of membership.--If a member
                          of the Commission was appointed to the Commission
                          as Mayor of the city of St. Augustine or as an
                          employee of the National Park Service or the State
                          University System of Florida, and ceases to hold
                          such position, that member may continue to serve
                          on the Commission for not longer than the 30-day
                          period beginning on the date on which that member
                          ceases to hold the position.
                (3) Duties.--The Commission shall--
                        (A) plan, develop, and carry out programs and
                    activities appropriate for the commemoration;
                        (B) facilitate activities relating to the
                    commemoration throughout the United States;
                        (C) encourage civic, patriotic, historical,
                    educational, artistic, religious, economic, and other
                    organizations throughout the United States to organize
                    and participate in anniversary activities to expand
                    understanding and appreciation of the significance of
                    the founding and continuing history of St. Augustine;
                        (D) provide technical assistance to States,
                    localities, and nonprofit organizations to further the
                    commemoration;

    [[Page 123 STAT. 1221]]

                        (E) coordinate and facilitate for the public
                    scholarly research on, publication about, and
                    interpretation of, St. Augustine;
                        (F) ensure that the commemoration provides a lasting
                    legacy and long-term public benefit by assisting in the
                    development of appropriate programs; and
                        (G) help ensure that the observances of the
                    foundation of St. Augustine are inclusive and
                    appropriately recognize the experiences and heritage of
                    all individuals present when St. Augustine was founded.

        (c) Commission Meetings.--
                (1) <<NOTE: Deadline.>>  Initial meeting.--Not later than 30
            days after the date on which all members of the Commission have
            been appointed, the Commission shall hold the initial meeting of
            the Commission.
                (2) Meetings.--The Commission shall meet--
                        (A) at least 3 times each year; or
                        (B) at the call of the Chairperson or the majority
                    of the members of the Commission.
                (3) Quorum.--A majority of the voting members shall
            constitute a quorum, but a lesser number may hold meetings.
                (4) Chairperson and vice chairperson.--
                        (A) Election.--The Commission shall elect the
                    Chairperson and the Vice Chairperson of the Commission
                    on an annual basis.
                        (B) Absence of the chairperson.--The Vice
                    Chairperson shall serve as the Chairperson in the
                    absence of the Chairperson.
                (5) Voting.--The Commission shall act only on an affirmative
            vote of a majority of the members of the Commission.

        (d) Commission Powers.--
                (1) Gifts.--The Commission may solicit, accept, use, and
            dispose of gifts, bequests, or devises of money or other
            property for aiding or facilitating the work of the Commission.
                (2) Appointment of advisory committees.--The Commission may
            appoint such advisory committees as the Commission determines to
            be necessary to carry out this section.
                (3) Authorization of action.--The Commission may authorize
            any member or employee of the Commission to take any action that
            the Commission is authorized to take under this section.
                (4) Procurement.--
                        (A) In general.--The Commission may procure
                    supplies, services, and property, and make or enter into
                    contracts, leases, or other legal agreements, to carry
                    out this section (except that a contract, lease, or
                    other legal agreement made or entered into by the
                    Commission shall not extend beyond the date of
                    termination of the Commission).
                        (B) Limitation.--The Commission may not purchase
                    real property.
                (5) Postal services.--The Commission may use the United
            States mails in the same manner and under the same conditions as
            other agencies of the Federal Government.
                (6) Grants and technical assistance.--The Commission may--

    [[Page 123 STAT. 1222]]

                        (A) provide grants in amounts not to exceed $20,000
                    per grant to communities and nonprofit organizations for
                    use in developing programs to assist in the
                    commemoration;
                        (B) provide grants to research and scholarly
                    organizations to research, publish, or distribute
                    information relating to the early history of St.
                    Augustine; and
                        (C) provide technical assistance to States,
                    localities, and nonprofit organizations to further the
                    commemoration.

        (e) Commission Personnel Matters.--
                (1) Compensation of members.--
                        (A) In general.--Except as provided in paragraph
                    (2), a member of the Commission shall serve without
                    compensation.
                        (B) Federal employees.--A member of the Commission
                    who is an officer or employee of the Federal Government
                    shall serve without compensation other than the
                    compensation received for the services of the member as
                    an officer or employee of the Federal Government.
                (2) Travel expenses.--A member of the Commission shall be
            allowed travel expenses, including per diem in lieu of
            subsistence, at rates authorized for an employee of an agency
            under subchapter I of chapter 57 of title 5, United States Code,
            while away from the home or regular place of business of the
            member in the performance of the duties of the Commission.
                (3) Director and staff.--
                        (A) In general.--The Chairperson of the Commission
                    may, without regard to the civil service laws (including
                    regulations), nominate an executive director to enable
                    the Commission to perform the duties of the Commission.
                        (B) Confirmation of executive director.--The
                    employment of an executive director shall be subject to
                    confirmation by the Commission.
                (4) Compensation.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the Commission may fix the compensation of the
                    executive director and other personnel without regard to
                    the provisions of chapter 51 and subchapter III of
                    chapter 53 of title 5, United States Code, relating to
                    classification of positions and General Schedule pay
                    rates.
                        (B) Maximum rate of pay.--The rate of pay for the
                    executive director and other personnel shall not exceed
                    the rate payable for level V of the Executive Schedule
                    under section 5316 of title 5, United States Code.
                (5) Detail of government employees.--
                        (A) Federal employees.--
                              (i) Detail.--At the request of the Commission,
                          the head of any Federal agency may detail, on a
                          reimbursable or nonreimbursable basis, any of the
                          personnel of the agency to the Commission to
                          assist the Commission in carrying out the duties
                          of the Commission under this section.
                              (ii) Civil service status.--The detail of an
                          employee under clause (i) shall be without
                          interruption or loss of civil service status or
                          privilege.
                        (B) State employees.--The Commission may--
                              (i) accept the services of personnel detailed
                          from the State; and

    [[Page 123 STAT. 1223]]

                              (ii) reimburse the State for services of
                          detailed personnel.
                (6) Procurement of temporary and intermittent services.--The
            Chairperson of the Commission may procure temporary and
            intermittent services in accordance with section 3109(b) of
            title 5, United States Code, at rates for individuals that do
            not exceed the daily equivalent of the annual rate of basic pay
            prescribed for level V of the Executive Schedule under section
            5316 of such title.
                (7) Volunteer and uncompensated services.--Notwithstanding
            section 1342 of title 31, United States Code, the Commission may
            accept and use such voluntary and uncompensated services as the
            Commission determines to be necessary.
                (8) Support services.--
                        (A) In general.--The Secretary shall provide to the
                    Commission, on a reimbursable basis, such administrative
                    support services as the Commission may request.
                        (B) Reimbursement.--Any reimbursement under this
                    paragraph shall be credited to the appropriation, fund,
                    or account used for paying the amounts reimbursed.
                (9) FACA nonapplicability.--Section 14(b) of the Federal
            Advisory Committee Act (5 U.S.C. App.) shall not apply to the
            Commission.
                (10) No effect on authority.--Nothing in this subsection
            supersedes the authority of the State, the National Park
            Service, the city of St. Augustine, or any designee of those
            entities, with respect to the commemoration.

        (f) Plans; Reports.--
                (1) Strategic plan.--The Commission shall prepare a
            strategic plan for the activities of the Commission carried out
            under this section.
                (2) Final report.--Not later than September 30, 2015, the
            Commission shall complete and submit to Congress a final report
            that contains--
                        (A) a summary of the activities of the Commission;
                        (B) a final accounting of funds received and
                    expended by the Commission; and
                        (C) the findings and recommendations of the
                    Commission.

        (g) Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            the Commission to carry out this section $500,000 for each of
            fiscal years 2009 through 2015.
                (2) <<NOTE: Expiration date.>>  Availability.--Amounts made
            available under paragraph (1) shall remain available until
            December 31, 2015.

        (h) Termination of Commission.--
                (1) Date of termination.--The Commission shall terminate on
            December 31, 2015.
                (2) Transfer of documents and materials.--Before the date of
            termination specified in paragraph (1), the Commission shall
            transfer all documents and materials of the Commission to the
            National Archives or another appropriate Federal entity.

    [[Page 123 STAT. 1224]]

                       TITLE VIII--NATIONAL HERITAGE AREAS

               Subtitle A--Designation of National Heritage Areas

    SEC. 8001. <<NOTE: 16 USC 461 note.>>  SANGRE DE CRISTO NATIONAL
                              HERITAGE AREA, COLORADO.

        (a) Definitions.--In this section:
                (1) Heritage area.--The term ``Heritage Area'' means the
            Sangre de Cristo National Heritage Area established by
            subsection (b)(1).
                (2) Management entity.--The term ``management entity'' means
            the management entity for the Heritage Area designated by
            subsection (b)(4).
                (3) Management plan.--The term ``management plan'' means the
            management plan for the Heritage Area required under subsection
            (d).
                (4) Map.--The term ``map'' means the map entitled ``Proposed
            Sangre De Cristo National Heritage Area'' and dated November
            2005.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (6) State.--The term ``State'' means the State of Colorado.

        (b) Sangre De Cristo National Heritage Area.--
                (1) Establishment.--There is established in the State the
            Sangre de Cristo National Heritage Area.
                (2) Boundaries.--The Heritage Area shall consist of--
                        (A) the counties of Alamosa, Conejos, and Costilla;
                    and
                        (B) the Monte Vista National Wildlife Refuge, the
                    Baca National Wildlife Refuge, the Great Sand Dunes
                    National Park and Preserve, and other areas included in
                    the map.
                (3) Map.--A map of the Heritage Area shall be--
                        (A) included in the management plan; and
                        (B) on file and available for public inspection in
                    the appropriate offices of the National Park Service.
                (4) Management entity.--
                        (A) In general.--The management entity for the
                    Heritage Area shall be the Sangre de Cristo National
                    Heritage Area Board of Directors.
                        (B) Membership requirements.--Members of the Board
                    shall include representatives from a broad cross-section
                    of the individuals, agencies, organizations, and
                    governments that were involved in the planning and
                    development of the Heritage Area before the date of
                    enactment of this Act.

        (c) Administration.--
                (1) Authorities.--For purposes of carrying out the
            management plan, the Secretary, acting through the management
            entity, may use amounts made available under this section to--
                        (A) make grants to the State or a political
                    subdivision of the State, nonprofit organizations, and
                    other persons;
                        (B) enter into cooperative agreements with, or
                    provide technical assistance to, the State or a
                    political subdivision

    [[Page 123 STAT. 1225]]

                    of the State, nonprofit organizations, and other
                    interested parties;
                        (C) hire and compensate staff, which shall include
                    individuals with expertise in natural, cultural, and
                    historical resources protection, and heritage
                    programming;
                        (D) obtain money or services from any source
                    including any that are provided under any other Federal
                    law or program;
                        (E) contract for goods or services; and
                        (F) undertake to be a catalyst for any other
                    activity that furthers the Heritage Area and is
                    consistent with the approved management plan.
                (2) Duties.--The management entity shall--
                        (A) <<NOTE: Management plan.>>  in accordance with
                    subsection (d), prepare and submit a management plan for
                    the Heritage Area to the Secretary;
                        (B) assist units of local government, regional
                    planning organizations, and nonprofit organizations in
                    carrying out the approved management plan by--
                              (i) carrying out programs and projects that
                          recognize, protect, and enhance important resource
                          values in the Heritage Area;
                              (ii) establishing and maintaining interpretive
                          exhibits and programs in the Heritage Area;
                              (iii) developing recreational and educational
                          opportunities in the Heritage Area;
                              (iv) increasing public awareness of, and
                          appreciation for, natural, historical, scenic, and
                          cultural resources of the Heritage Area;
                              (v) protecting and restoring historic sites
                          and buildings in the Heritage Area that are
                          consistent with Heritage Area themes;
                              (vi) ensuring that clear, consistent, and
                          appropriate signs identifying points of public
                          access, and sites of interest are posted
                          throughout the Heritage Area; and
                              (vii) promoting a wide range of partnerships
                          among governments, organizations, and individuals
                          to further the Heritage Area;
                        (C) consider the interests of diverse units of
                    government, businesses, organizations, and individuals
                    in the Heritage Area in the preparation and
                    implementation of the management plan;
                        (D) <<NOTE: Public information. Deadlines.>>
                    conduct meetings open to the public at least
                    semiannually regarding the development and
                    implementation of the management plan;
                        (E) for any year that Federal funds have been
                    received under this section--
                              (i) <<NOTE: Deadline. Reports.>>  submit an
                          annual report to the Secretary that describes the
                          activities, expenses, and income of the management
                          entity (including grants to any other entities
                          during the year that the report is made);
                              (ii) <<NOTE: Records.>>  make available to the
                          Secretary for audit all records relating to the
                          expenditure of the funds and any matching funds;

    [[Page 123 STAT. 1226]]

                              (iii) require, with respect to all agreements
                          authorizing expenditure of Federal funds by other
                          organizations, that the organizations receiving
                          the funds make available to the Secretary for
                          audit all records concerning the expenditure of
                          the funds; and
                        (F) encourage by appropriate means economic
                    viability that is consistent with the Heritage Area.
                (3) Prohibition on the acquisition of real property.--The
            management entity shall not use Federal funds made available
            under this section to acquire real property or any interest in
            real property.
                (4) Cost-sharing requirement.--The Federal share of the cost
            of any activity carried out using any assistance made available
            under this section shall be 50 percent.

        (d) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date of enactment of this Act, the management entity
            shall submit to the Secretary for approval a proposed management
            plan for the Heritage Area.
                (2) Requirements.--The management plan shall--
                        (A) incorporate an integrated and cooperative
                    approach for the protection, enhancement, and
                    interpretation of the natural, cultural, historic,
                    scenic, and recreational resources of the Heritage Area;
                        (B) take into consideration State and local plans;
                        (C) include--
                              (i) an inventory of--
                                        (I) the resources located in the
                                    core area described in subsection
                                    (b)(2); and
                                        (II) any other property in the core
                                    area that--
                                                (aa) is related to the
                                            themes of the Heritage Area; and
                                                (bb) should be preserved,
                                            restored, managed, or maintained
                                            because of the significance of
                                            the property;
                              (ii) comprehensive policies, strategies and
                          recommendations for conservation, funding,
                          management, and development of the Heritage Area;
                              (iii) a description of actions that
                          governments, private organizations, and
                          individuals have agreed to take to protect the
                          natural, historical and cultural resources of the
                          Heritage Area;
                              (iv) a program of implementation for the
                          management plan by the management entity that
                          includes a description of--
                                        (I) actions to facilitate ongoing
                                    collaboration among partners to promote
                                    plans for resource protection,
                                    restoration, and construction; and
                                        (II) specific commitments for
                                    implementation that have been made by
                                    the management entity or any government,
                                    organization, or individual for the
                                    first 5 years of operation;
                              (v) the identification of sources of funding
                          for carrying out the management plan;
                              (vi) analysis and recommendations for means by
                          which local, State, and Federal programs,
                          including the role of the National Park Service in
                          the Heritage

    [[Page 123 STAT. 1227]]

                          Area, may best be coordinated to carry out this
                          section; and
                              (vii) an interpretive plan for the Heritage
                          Area; and
                        (D) recommend policies and strategies for resource
                    management that consider and detail the application of
                    appropriate land and water management techniques,
                    including the development of intergovernmental and
                    interagency cooperative agreements to protect the
                    natural, historical, cultural, educational, scenic, and
                    recreational resources of the Heritage Area.
                (3) Deadline.--If a proposed management plan is not
            submitted to the Secretary by the date that is 3 years after the
            date of enactment of this Act, the management entity shall be
            ineligible to receive additional funding under this section
            until the date that the Secretary receives and approves the
            management plan.
                (4) Approval or disapproval of management plan.--
                        (A) <<NOTE: Deadline.>>  In general.--Not later than
                    180 days after the date of receipt of the management
                    plan under paragraph (1), the Secretary, in consultation
                    with the State, shall approve or disapprove the
                    management plan.
                        (B) Criteria for approval.--In determining whether
                    to approve the management plan, the Secretary shall
                    consider whether--
                              (i) the management entity is representative of
                          the diverse interests of the Heritage Area,
                          including governments, natural and historic
                          resource protection organizations, educational
                          institutions, businesses, and recreational
                          organizations;
                              (ii) the management entity has afforded
                          adequate opportunity, including public hearings,
                          for public and governmental involvement in the
                          preparation of the management plan; and
                              (iii) the resource protection and
                          interpretation strategies contained in the
                          management plan, if implemented, would adequately
                          protect the natural, historical, and cultural
                          resources of the Heritage Area.
                        (C) Action following disapproval.--If the Secretary
                    disapproves the management plan under subparagraph (A),
                    the Secretary shall--
                              (i) advise the management entity in writing of
                          the reasons for the disapproval;
                              (ii) <<NOTE: Recommen- dations.>>  make
                          recommendations for revisions to the management
                          plan; and
                              (iii) <<NOTE: Deadline.>>  not later than 180
                          days after the receipt of any proposed revision of
                          the management plan from the management entity,
                          approve or disapprove the proposed revision.
                        (D) Amendments.--
                              (i) In general.--The Secretary shall approve
                          or disapprove each amendment to the management
                          plan that the Secretary determines make a
                          substantial change to the management plan.
                              (ii) Use of funds.--The management entity
                          shall not use Federal funds authorized by this
                          section to

    [[Page 123 STAT. 1228]]

                          carry out any amendments to the management plan
                          until the Secretary has approved the amendments.

        (e) Relationship to Other Federal Agencies.--
                (1) In general.--Nothing in this section affects the
            authority of a Federal agency to provide technical or financial
            assistance under any other law.
                (2) Consultation and coordination.--The head of any Federal
            agency planning to conduct activities that may have an impact on
            the Heritage Area is encouraged to consult and coordinate the
            activities with the Secretary and the management entity to the
            maximum extent practicable.
                (3) Other federal agencies.--Nothing in this section--
                        (A) modifies, alters, or amends any law or
                    regulation authorizing a Federal agency to manage
                    Federal land under the jurisdiction of the Federal
                    agency;
                        (B) limits the discretion of a Federal land manager
                    to implement an approved land use plan within the
                    boundaries of the Heritage Area; or
                        (C) modifies, alters, or amends any authorized use
                    of Federal land under the jurisdiction of a Federal
                    agency.

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

        (g) Evaluation; Report.--
                (1) In general.--Not later than 3 years before the date on
            which authority for Federal funding terminates for the Heritage
            Area, the Secretary shall--
                        (A) conduct an evaluation of the accomplishments of
                    the Heritage Area; and
                        (B) prepare a report in accordance with paragraph
                    (3).
                (2) Evaluation.--An evaluation conducted under paragraph
            (1)(A) shall--
                        (A) assess the progress of the management entity
                    with respect to--
                              (i) accomplishing the purposes of this section
                          for the Heritage Area; and

    [[Page 123 STAT. 1229]]

                              (ii) achieving the goals and objectives of the
                          approved management plan for the Heritage Area;
                        (B) analyze the Federal, State, local, and private
                    investments in the Heritage Area to determine the
                    leverage and impact of the investments; and
                        (C) review the management structure, partnership
                    relationships, and funding of the Heritage Area for
                    purposes of identifying the critical components for
                    sustainability of the Heritage Area.
                (3) Report.--
                        (A) In general.--Based on the evaluation conducted
                    under paragraph (1)(A), the Secretary shall prepare a
                    report that includes recommendations for the future role
                    of the National Park Service, if any, with respect to
                    the Heritage Area.
                        (B) Required analysis.--If the report prepared under
                    subparagraph (A) recommends that Federal funding for the
                    Heritage Area be reauthorized, the report shall include
                    an analysis of--
                              (i) ways in which Federal funding for the
                          Heritage Area may be reduced or eliminated; and
                              (ii) the appropriate time period necessary to
                          achieve the recommended reduction or elimination.
                        (C) Submission to congress.--On completion of the
                    report, the Secretary shall submit the report to--
                              (i) the Committee on Energy and Natural
                          Resources of the Senate; and
                              (ii) the Committee on Natural Resources of the
                          House of Representatives.

        (h) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $10,000,000, of which not more
    than $1,000,000 may be made available for any fiscal year.
        (i) Termination of Authority.--The authority of the Secretary to
    provide assistance under this section terminates on the date that is 15
    years after the date of enactment of this Act.
    SEC. 8002. <<NOTE: 16 USC 461 note.>>  CACHE LA POUDRE RIVER
                              NATIONAL HERITAGE AREA, COLORADO.

        (a) Definitions.--In this section:
                (1) Heritage area.--The term ``Heritage Area'' means the
            Cache La Poudre River National Heritage Area established by
            subsection (b)(1).
                (2) Local coordinating entity.--The term ``local
            coordinating entity'' means the Poudre Heritage Alliance, the
            local coordinating entity for the Heritage Area designated by
            subsection (b)(4).
                (3) Management plan.--The term ``management plan'' means the
            management plan for the Heritage Area required under subsection
            (d)(1).
                (4) Map.--The term ``map'' means the map entitled ``Cache La
            Poudre River National Heritage Area'', numbered 960/80,003, and
            dated April, 2004.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (6) State.--The term ``State'' means the State of Colorado.

        (b) Cache La Poudre River National Heritage Area.--

    [[Page 123 STAT. 1230]]

                (1) Establishment.--There is established in the State the
            Cache La Poudre River National Heritage Area.
                (2) Boundaries.--The Heritage Area shall consist of the area
            depicted on the map.
                (3) Map.--The map shall be on file and available for public
            inspection in the appropriate offices of--
                        (A) the National Park Service; and
                        (B) the local coordinating entity.
                (4) Local coordinating entity.--The local coordinating
            entity for the Heritage Area shall be the Poudre Heritage
            Alliance, a nonprofit organization incorporated in the State.

        (c) Administration.--
                (1) Authorities.--To carry out the management plan, the
            Secretary, acting through the local coordinating entity, may use
            amounts made available under this section--
                        (A) to make grants to the State (including any
                    political subdivision of the State), nonprofit
                    organizations, and other individuals;
                        (B) to enter into cooperative agreements with, or
                    provide technical assistance to, the State (including
                    any political subdivision of the State), nonprofit
                    organizations, and other interested parties;
                        (C) to hire and compensate staff, which shall
                    include individuals with expertise in natural, cultural,
                    and historical resource protection, and heritage
                    programming;
                        (D) to obtain funds or services from any source,
                    including funds or services that are provided under any
                    other Federal law or program;
                        (E) to enter into contracts for goods or services;
                    and
                        (F) to serve as a catalyst for any other activity
                    that--
                              (i) furthers the purposes and goals of the
                          Heritage Area; and
                              (ii) is consistent with the approved
                          management plan.
                (2) Duties.--The local coordinating entity shall--
                        (A) <<NOTE: Management plan.>>  in accordance with
                    subsection (d), prepare and submit to the Secretary a
                    management plan for the Heritage Area;
                        (B) assist units of local government, regional
                    planning organizations, and nonprofit organizations in
                    carrying out the approved management plan by--
                              (i) carrying out programs and projects that
                          recognize, protect, and enhance important resource
                          values located in the Heritage Area;
                              (ii) establishing and maintaining interpretive
                          exhibits and programs in the Heritage Area;
                              (iii) developing recreational and educational
                          opportunities in the Heritage Area;
                              (iv) increasing public awareness of, and
                          appreciation for, the natural, historical, scenic,
                          and cultural resources of the Heritage Area;
                              (v) protecting and restoring historic sites
                          and buildings in the Heritage Area that are
                          consistent with Heritage Area themes;
                              (vi) ensuring that clear, consistent, and
                          appropriate signs identifying points of public
                          access, and

    [[Page 123 STAT. 1231]]

                          sites of interest, are posted throughout the
                          Heritage Area; and
                              (vii) promoting a wide range of partnerships
                          among governments, organizations, and individuals
                          to further the Heritage Area;
                        (C) consider the interests of diverse units of
                    government, businesses, organizations, and individuals
                    in the Heritage Area in the preparation and
                    implementation of the management plan;
                        (D) <<NOTE: Public information. Deadlines.>>
                    conduct meetings open to the public at least
                    semiannually regarding the development and
                    implementation of the management plan;
                        (E) for any year for which Federal funds have been
                    received under this section--
                              (i) <<NOTE: Deadline. Reports.>>  submit an
                          annual report to the Secretary that describes the
                          activities, expenses, and income of the local
                          coordinating entity (including grants to any other
                          entities during the year that the report is made);
                              (ii) <<NOTE: Records.>>  make available to the
                          Secretary for audit all records relating to the
                          expenditure of the funds and any matching funds;
                          and
                              (iii) <<NOTE: Records.>>  require, with
                          respect to all agreements authorizing expenditure
                          of Federal funds by other organizations, that the
                          organizations receiving the funds make available
                          to the Secretary for audit all records concerning
                          the expenditure of the funds; and
                        (F) encourage by appropriate means economic
                    viability that is consistent with the Heritage Area.
                (3) Prohibition on the acquisition of real property.--The
            local coordinating entity shall not use Federal funds made
            available under this section to acquire real property or any
            interest in real property.

        (d) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date of enactment of this Act, the local coordinating
            entity shall submit to the Secretary for approval a proposed
            management plan for the Heritage Area.
                (2) Requirements.--The management plan shall--
                        (A) incorporate an integrated and cooperative
                    approach for the protection, enhancement, and
                    interpretation of the natural, cultural, historic,
                    scenic, educational, and recreational resources of the
                    Heritage Area;
                        (B) take into consideration State and local plans;
                        (C) include--
                              (i) an inventory of the resources located in
                          the Heritage Area;
                              (ii) comprehensive policies, strategies, and
                          recommendations for conservation, funding,
                          management, and development of the Heritage Area;
                              (iii) a description of actions that
                          governments, private organizations, and
                          individuals have agreed to take to protect the
                          natural, cultural, historic, scenic, educational,
                          and recreational resources of the Heritage Area;
                              (iv) a program of implementation for the
                          management plan by the local coordinating entity
                          that includes a description of--

    [[Page 123 STAT. 1232]]

                                        (I) actions to facilitate ongoing
                                    collaboration among partners to promote
                                    plans for resource protection,
                                    restoration, and construction; and
                                        (II) specific commitments for
                                    implementation that have been made by
                                    the local coordinating entity or any
                                    government, organization, or individual
                                    for the first 5 years of operation;
                              (v) the identification of sources of funding
                          for carrying out the management plan;
                              (vi) analysis and recommendations for means by
                          which local, State, and Federal programs,
                          including the role of the National Park Service in
                          the Heritage Area, may best be coordinated to
                          carry out this section; and
                              (vii) an interpretive plan for the Heritage
                          Area; and
                        (D) recommend policies and strategies for resource
                    management that consider and detail the application of
                    appropriate land and water management techniques,
                    including the development of intergovernmental and
                    interagency cooperative agreements to protect the
                    natural, cultural, historic, scenic, educational, and
                    recreational resources of the Heritage Area.
                (3) Deadline.--If a proposed management plan is not
            submitted to the Secretary by the date that is 3 years after the
            date of enactment of this Act, the local coordinating entity
            shall be ineligible to receive additional funding under this
            section until the date on which the Secretary approves a
            management plan.
                (4) Approval or disapproval of management plan.--
                        (A) <<NOTE: Deadline.>>  In general.--Not later than
                    180 days after the date of receipt of the management
                    plan under paragraph (1), the Secretary, in consultation
                    with the State, shall approve or disapprove the
                    management plan.
                        (B) Criteria for approval.--In determining whether
                    to approve the management plan, the Secretary shall
                    consider whether--
                              (i) the local coordinating entity is
                          representative of the diverse interests of the
                          Heritage Area, including governments, natural and
                          historic resource protection organizations,
                          educational institutions, businesses, and
                          recreational organizations;
                              (ii) the local coordinating entity has
                          afforded adequate opportunity, including public
                          hearings, for public and governmental involvement
                          in the preparation of the management plan; and
                              (iii) the resource protection and
                          interpretation strategies contained in the
                          management plan, if implemented, would adequately
                          protect the natural, cultural, historic, scenic,
                          educational, and recreational resources of the
                          Heritage Area.
                        (C) Action following disapproval.--If the Secretary
                    disapproves the management plan under subparagraph (A),
                    the Secretary shall--
                              (i) advise the local coordinating entity in
                          writing of the reasons for the disapproval;

    [[Page 123 STAT. 1233]]

                              (ii) <<NOTE: Recommen- dations.>>  make
                          recommendations for revisions to the management
                          plan; and
                              (iii) <<NOTE: Deadline.>>  not later than 180
                          days after the date of receipt of any proposed
                          revision of the management plan from the local
                          coordinating entity, approve or disapprove the
                          proposed revision.
                (5) Amendments.--
                        (A) In general.--The Secretary shall approve or
                    disapprove each amendment to the management plan that
                    the Secretary determines would make a substantial change
                    to the management plan.
                        (B) Use of funds.--The local coordinating entity
                    shall not use Federal funds authorized to be
                    appropriated by this section to carry out any amendments
                    to the management plan until the Secretary has approved
                    the amendments.

        (e) Relationship to Other Federal Agencies.--
                (1) In general.--Nothing in this section affects the
            authority of a Federal agency to provide technical or financial
            assistance under any other law (including regulations).
                (2) Consultation and coordination.--To the maximum extent
            practicable, the head of any Federal agency planning to conduct
            activities that may have an impact on the Heritage Area is
            encouraged to consult and coordinate the activities with the
            Secretary and the local coordinating entity.
                (3) Other federal agencies.--Nothing in this section--
                        (A) modifies, alters, or amends any law (including
                    any regulation) authorizing a Federal agency to manage
                    Federal land under the jurisdiction of the Federal
                    agency;
                        (B) limits the discretion of a Federal land manager
                    to implement an approved land use plan within the
                    boundaries of the Heritage Area; or
                        (C) modifies, alters, or amends any authorized use
                    of Federal land under the jurisdiction of a Federal
                    agency.

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

    [[Page 123 STAT. 1234]]

                (7) creates any liability, or affects any liability under
            any other law (including regulations), of any private property
            owner with respect to any individual injured on the private
            property.

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

        (h) Funding.--
                (1) Authorization of appropriations.--There is authorized to
            be appropriated to carry out this section $10,000,000, of which
            not more than $1,000,000 may be made available for any fiscal
            year.
                (2) Cost-sharing requirement.--The Federal share of the cost
            of any activity carried out using any assistance made available
            under this section shall be 50 percent.

        (i) Termination of Authority.--The authority of the Secretary to
    provide assistance under this section terminates on the date that is 15
    years after the date of enactment of this Act.

    [[Page 123 STAT. 1235]]

        (j) Conforming Amendment.--The Cache La Poudre River Corridor Act
    (16 U.S.C. 461 note; Public Law 104-323) is repealed.
    SEC. 8003. <<NOTE: 16 USC 461 note.>>  SOUTH PARK NATIONAL
                              HERITAGE AREA, COLORADO.

        (a) Definitions.--In this section:
                (1) Board.--The term ``Board'' means the Board of Directors
            of the South Park National Heritage Area, comprised initially of
            the individuals, agencies, organizations, and governments that
            were involved in the planning and development of the Heritage
            Area before the date of enactment of this Act.
                (2) Heritage area.--The term ``Heritage Area'' means the
            South Park National Heritage Area established by subsection
            (b)(1).
                (3) Management entity.--The term ``management entity'' means
            the management entity for the Heritage Area designated by
            subsection (b)(4)(A).
                (4) Management plan.--The term ``management plan'' means the
            management plan for the Heritage Area required by subsection
            (d).
                (5) Map.--The term ``map'' means the map entitled ``South
            Park National Heritage Area Map (Proposed)'', dated January 30,
            2006.
                (6) Partner.--The term ``partner'' means a Federal, State,
            or local governmental entity, organization, private industry,
            educational institution, or individual involved in the
            conservation, preservation, interpretation, development or
            promotion of heritage sites or resources of the Heritage Area.
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (8) State.--The term ``State'' means the State of Colorado.
                (9) Technical assistance.--The term ``technical assistance''
            means any guidance, advice, help, or aid, other than financial
            assistance, provided by the Secretary.

        (b) South Park National Heritage Area.--
                (1) Establishment.--There is established in the State the
            South Park National Heritage Area.
                (2) Boundaries.--The Heritage Area shall consist of the
            areas included in the map.
                (3) Map.--A map of the Heritage Area shall be--
                        (A) included in the management plan; and
                        (B) on file and available for public inspection in
                    the appropriate offices of the National Park Service.
                (4) Management entity.--
                        (A) In general.--The management entity for the
                    Heritage Area shall be the Park County Tourism &
                    Community Development Office, in conjunction with the
                    South Park National Heritage Area Board of Directors.
                        (B) Membership requirements.--Members of the Board
                    shall include representatives from a broad cross-section
                    of individuals, agencies, organizations, and governments
                    that were involved in the planning and development of
                    the Heritage Area before the date of enactment of this
                    Act.

        (c) Administration.--
                (1) Prohibition on the acquisition of real property.--The
            management entity shall not use Federal funds made

    [[Page 123 STAT. 1236]]

            available under this section to acquire real property or any
            interest in real property.
                (2) Authorities.--For purposes of carrying out the
            management plan, the Secretary, acting through the management
            entity, may use amounts made available under this section to--
                        (A) make grants to the State or a political
                    subdivision of the State, nonprofit organizations, and
                    other persons;
                        (B) enter into cooperative agreements with, or
                    provide technical assistance to, the State or a
                    political subdivision of the State, nonprofit
                    organizations, and other interested parties;
                        (C) hire and compensate staff, which shall include
                    individuals with expertise in natural, cultural, and
                    historical resources protection, fundraising, heritage
                    facility planning and development, and heritage tourism
                    programming;
                        (D) obtain funds or services from any source,
                    including funds or services that are provided under any
                    other Federal law or program;
                        (E) enter into contracts for goods or services; and
                        (F) to facilitate the conduct of other projects and
                    activities that further the Heritage Area and are
                    consistent with the approved management plan.
                (3) Duties.--The management entity shall--
                        (A) <<NOTE: Management plan.>>  in accordance with
                    subsection (d), prepare and submit a management plan for
                    the Heritage Area to the Secretary;
                        (B) assist units of local government, local property
                    owners and businesses, and nonprofit organizations in
                    carrying out the approved management plan by--
                              (i) carrying out programs and projects that
                          recognize, protect, enhance, and promote important
                          resource values in the Heritage Area;
                              (ii) establishing and maintaining interpretive
                          exhibits and programs in the Heritage Area;
                              (iii) developing economic, recreational and
                          educational opportunities in the Heritage Area;
                              (iv) increasing public awareness of, and
                          appreciation for, historical, cultural, scenic,
                          recreational, agricultural, and natural resources
                          of the Heritage Area;
                              (v) protecting and restoring historic sites
                          and buildings in the Heritage Area that are
                          consistent with Heritage Area themes;
                              (vi) ensuring that clear, consistent, and
                          appropriate signs identifying points of public
                          access, and sites of interest are posted
                          throughout the Heritage Area;
                              (vii) promoting a wide range of partnerships
                          among governments, organizations, and individuals
                          to further the Heritage Area; and
                              (viii) planning and developing new heritage
                          attractions, products and services;
                        (C) consider the interests of diverse units of
                    government, businesses, organizations, and individuals
                    in the Heritage Area in the preparation and
                    implementation of the management plan;

    [[Page 123 STAT. 1237]]

                        (D) <<NOTE: Public information. Deadlines.>>
                    conduct meetings open to the public at least
                    semiannually regarding the development and
                    implementation of the management plan;
                        (E) for any year for which Federal funds have been
                    received under this section--
                              (i) <<NOTE: Deadline. Reports.>>  submit to
                          the Secretary an annual report that describes the
                          activities, expenses, and income of the management
                          entity (including grants to any other entities
                          during the year that the report is made);
                              (ii) <<NOTE: Records.>>  make available to the
                          Secretary for audit all records relating to the
                          expenditure of the Federal funds and any matching
                          funds; and
                              (iii) <<NOTE: Records.>>  require, with
                          respect to all agreements authorizing expenditure
                          of Federal funds by other organizations, that the
                          organizations receiving the funds make available
                          to the Secretary for audit all records concerning
                          the expenditure of the funds; and
                        (F) encourage by appropriate means economic
                    viability that is consistent with the Heritage Area.
                (4) Cost-sharing requirement.--The Federal share of the cost
            of any activity carried out using any assistance made available
            under this section shall be 50 percent.

        (d) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date of enactment of this Act, the management entity,
            with public participation, shall submit to the Secretary for
            approval a proposed management plan for the Heritage Area.
                (2) Requirements.--The management plan shall--
                        (A) incorporate an integrated and cooperative
                    approach for the protection, enhancement,
                    interpretation, development, and promotion of the
                    historical, cultural, scenic, recreational,
                    agricultural, and natural resources of the Heritage
                    Area;
                        (B) take into consideration State and local plans;
                        (C) include--
                              (i) an inventory of--
                                        (I) the resources located within the
                                    areas included in the map; and
                                        (II) any other eligible and
                                    participating property within the areas
                                    included in the map that--
                                                (aa) is related to the
                                            themes of the Heritage Area; and
                                                (bb) should be preserved,
                                            restored, managed, maintained,
                                            developed, or promoted because
                                            of the significance of the
                                            property;
                              (ii) comprehensive policies, strategies, and
                          recommendations for conservation, funding,
                          management, development, and promotion of the
                          Heritage Area;
                              (iii) a description of actions that
                          governments, private organizations, and
                          individuals have agreed to take to manage protect
                          the historical, cultural, scenic, recreational,
                          agricultural, and natural resources of the
                          Heritage Area;
                              (iv) a program of implementation for the
                          management plan by the management entity that
                          includes a description of--

    [[Page 123 STAT. 1238]]

                                        (I) actions to facilitate ongoing
                                    and effective collaboration among
                                    partners to promote plans for resource
                                    protection, enhancement, interpretation,
                                    restoration, and construction; and
                                        (II) specific commitments for
                                    implementation that have been made by
                                    the management entity or any government,
                                    organization, or individual for the
                                    first 5 years of operation;
                              (v) the identification of sources of funding
                          for carrying out the management plan;
                              (vi) an analysis of and recommendations for
                          means by which Federal, State, and local programs,
                          including the role of the National Park Service in
                          the Heritage Area, may best be coordinated to
                          carry out this section; and
                              (vii) an interpretive plan for the Heritage
                          Area; and
                        (D) recommend policies and strategies for resource
                    management that consider and detail the application of
                    appropriate land and water management techniques,
                    including the development of intergovernmental and
                    interagency cooperative agreements to protect the
                    historical, cultural, scenic, recreational,
                    agricultural, and natural resources of the Heritage
                    Area.
                (3) Deadline.--If a proposed management plan is not
            submitted to the Secretary by the date that is 3 years after the
            date of enactment of this Act, the management entity shall be
            ineligible to receive additional funding under this section
            until the date on which the Secretary receives and approves the
            management plan.
                (4) Approval or disapproval of management plan.--
                        (A) <<NOTE: Deadline.>>  In general.--Not later than
                    180 days after the date of receipt of the management
                    plan under paragraph (1), the Secretary, in consultation
                    with the State, shall approve or disapprove the
                    management plan.
                        (B) Criteria for approval.--In determining whether
                    to approve the management plan, the Secretary shall
                    consider whether--
                              (i) the management entity is representative of
                          the diverse interests of the Heritage Area,
                          including governments, natural and historical
                          resource protection organizations, educational
                          institutions, local businesses and industries,
                          community organizations, recreational
                          organizations, and tourism organizations;
                              (ii) the management entity has afforded
                          adequate opportunity, including public hearings,
                          for public and governmental involvement in the
                          preparation of the management plan; and
                              (iii) strategies contained in the management
                          plan, if implemented, would adequately balance the
                          voluntary protection, development, and
                          interpretation of the natural, historical,
                          cultural, scenic, recreational, and agricultural
                          resources of the Heritage Area.
                        (C) Action following disapproval.--If the Secretary
                    disapproves the management plan under subparagraph (A),
                    the Secretary shall--

    [[Page 123 STAT. 1239]]

                              (i) advise the management entity in writing of
                          the reasons for the disapproval;
                              (ii) <<NOTE: Recommen- dations.>>  make
                          recommendations for revisions to the management
                          plan; and
                              (iii) <<NOTE: Deadline.>>  not later than 180
                          days after the receipt of any proposed revision of
                          the management plan from the management entity,
                          approve or disapprove the proposed revision.
                        (D) Amendments.--
                              (i) In general.--The Secretary shall approve
                          or disapprove each amendment to the management
                          plan that the Secretary determines makes a
                          substantial change to the management plan.
                              (ii) Use of funds.--The management entity
                          shall not use Federal funds authorized by this
                          section to carry out any amendments to the
                          management plan until the Secretary has approved
                          the amendments.

        (e) Relationship to Other Federal Agencies.--
                (1) In general.--Nothing in this section affects the
            authority of a Federal agency to provide technical or financial
            assistance under any other law.
                (2) Consultation and coordination.--The head of any Federal
            agency planning to conduct activities that may have an impact on
            the Heritage Area is encouraged to consult and coordinate the
            activities with the Secretary and the management entity to the
            maximum extent practicable.
                (3) Other federal agencies.--Nothing in this section--
                        (A) modifies, alters, or amends any law or
                    regulation authorizing a Federal agency to manage
                    Federal land under the jurisdiction of the Federal
                    agency;
                        (B) limits the discretion of a Federal land manager
                    to implement an approved land use plan within the
                    boundaries of the Heritage Area; or
                        (C) modifies, alters, or amends any authorized use
                    of Federal land under the jurisdiction of a Federal
                    agency.

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

    [[Page 123 STAT. 1240]]

                (6) creates any liability, or affects any liability under
            any other law, of any private property owner with respect to any
            person injured on the private property.

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

        (h) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $10,000,000, of which not more
    than $1,000,000 may be made available for any fiscal year.
        (i) Termination of Authority.--The authority of the Secretary to
    provide assistance under this section terminates on the date that is 15
    years after the date of enactment of this Act.
    SEC. 8004. <<NOTE: 16 USC 461 note.>>  NORTHERN PLAINS NATIONAL
                              HERITAGE AREA, NORTH DAKOTA.

        (a) Definitions.--In this section:

    [[Page 123 STAT. 1241]]

                (1) Heritage area.--The term ``Heritage Area'' means the
            Northern Plains National Heritage Area established by subsection
            (b)(1).
                (2) Local coordinating entity.--The term ``local
            coordinating entity'' means the Northern Plains Heritage
            Foundation, the local coordinating entity for the Heritage Area
            designated by subsection (c)(1).
                (3) Management plan.--The term ``management plan'' means the
            management plan for the Heritage Area required under subsection
            (d).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (5) State.--The term ``State'' means the State of North
            Dakota.

        (b) Establishment.--
                (1) In general.--There is established the Northern Plains
            National Heritage Area in the State of North Dakota.
                (2) Boundaries.--The Heritage Area shall consist of--
                        (A) a core area of resources in Burleigh, McLean,
                    Mercer, Morton, and Oliver Counties in the State; and
                        (B) any sites, buildings, and districts within the
                    core area recommended by the management plan for
                    inclusion in the Heritage Area.
                (3) Map.--A map of the Heritage Area shall be--
                        (A) included in the management plan; and
                        (B) on file and available for public inspection in
                    the appropriate offices of the local coordinating entity
                    and the National Park Service.

        (c) Local Coordinating Entity.--
                (1) In general.--The local coordinating entity for the
            Heritage Area shall be the Northern Plains Heritage Foundation,
            a nonprofit corporation established under the laws of the State.
                (2) Duties.--To further the purposes of the Heritage Area,
            the Northern Plains Heritage Foundation, as the local
            coordinating entity, shall--
                        (A) <<NOTE: Management plan.>>  prepare a management
                    plan for the Heritage Area, and submit the management
                    plan to the Secretary, in accordance with this section;
                        (B) <<NOTE: Deadline. Reports.>>  submit an annual
                    report to the Secretary for each fiscal year for which
                    the local coordinating entity receives Federal funds
                    under this section, specifying--
                              (i) the specific performance goals and
                          accomplishments of the local coordinating entity;
                              (ii) the expenses and income of the local
                          coordinating entity;
                              (iii) the amounts and sources of matching
                          funds;
                              (iv) the amounts leveraged with Federal funds
                          and sources of the leveraged funds; and
                              (v) grants made to any other entities during
                          the fiscal year;
                        (C) <<NOTE: Records.>>  make available for audit for
                    each fiscal year for which the local coordinating entity
                    receives Federal funds under this section, all
                    information pertaining to the expenditure of the funds
                    and any matching funds; and
                        (D) encourage economic viability and sustainability
                    that is consistent with the purposes of the Heritage
                    Area.

    [[Page 123 STAT. 1242]]

                (3) Authorities.--For the purposes of preparing and
            implementing the approved management plan for the Heritage Area,
            the local coordinating entity may use Federal funds made
            available under this section to--
                        (A) make grants to political jurisdictions,
                    nonprofit organizations, and other parties within the
                    Heritage Area;
                        (B) enter into cooperative agreements with or
                    provide technical assistance to political jurisdictions,
                    nonprofit organizations, Federal agencies, and other
                    interested parties;
                        (C) hire and compensate staff, including individuals
                    with expertise in--
                              (i) natural, historical, cultural,
                          educational, scenic, and recreational resource
                          conservation;
                              (ii) economic and community development; and
                              (iii) heritage planning;
                        (D) obtain funds or services from any source,
                    including other Federal programs;
                        (E) contract for goods or services; and
                        (F) support activities of partners and any other
                    activities that further the purposes of the Heritage
                    Area and are consistent with the approved management
                    plan.
                (4) Prohibition on acquisition of real property.--The local
            coordinating entity may not use Federal funds authorized to be
            appropriated under this section to acquire any interest in real
            property.
                (5) Other sources.--Nothing in this section precludes the
            local coordinating entity from using Federal funds from other
            sources for authorized purposes.

        (d) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date of enactment of this Act, the local coordinating
            entity shall submit to the Secretary for approval a proposed
            management plan for the Heritage Area.
                (2) Requirements.--The management plan for the Heritage Area
            shall--
                        (A) describe comprehensive policies, goals,
                    strategies, and recommendations for telling the story of
                    the heritage of the area covered by the Heritage Area
                    and encouraging long-term resource protection,
                    enhancement, interpretation, funding, management, and
                    development of the Heritage Area;
                        (B) include a description of actions and commitments
                    that Federal, State, tribal, and local governments,
                    private organizations, and citizens will take to
                    protect, enhance, interpret, fund, manage, and develop
                    the natural, historical, cultural, educational, scenic,
                    and recreational resources of the Heritage Area;
                        (C) specify existing and potential sources of
                    funding or economic development strategies to protect,
                    enhance, interpret, fund, manage, and develop the
                    Heritage Area;
                        (D) include an inventory of the natural, historical,
                    cultural, educational, scenic, and recreational
                    resources of the Heritage Area relating to the national
                    importance and themes of the Heritage Area that should
                    be protected, enhanced, interpreted, managed, funded,
                    and developed;

    [[Page 123 STAT. 1243]]

                        (E) recommend policies and strategies for resource
                    management, including the development of
                    intergovernmental and interagency agreements to protect,
                    enhance, interpret, fund, manage, and develop the
                    natural, historical, cultural, educational, scenic, and
                    recreational resources of the Heritage Area;
                        (F) describe a program for implementation for the
                    management plan, including--
                              (i) performance goals;
                              (ii) plans for resource protection,
                          enhancement, interpretation, funding, management,
                          and development; and
                              (iii) specific commitments for implementation
                          that have been made by the local coordinating
                          entity or any Federal, State, tribal, or local
                          government agency, organization, business, or
                          individual;
                        (G) include an analysis of, and recommendations for,
                    means by which Federal, State, tribal, and local
                    programs may best be coordinated (including the role of
                    the National Park Service and other Federal agencies
                    associated with the Heritage Area) to further the
                    purposes of this section; and
                        (H) include a business plan that--
                              (i) describes the role, operation, financing,
                          and functions of the local coordinating entity and
                          of each of the major activities described in the
                          management plan; and
                              (ii) provides adequate assurances that the
                          local coordinating entity has the partnerships and
                          financial and other resources necessary to
                          implement the management plan for the Heritage
                          Area.
                (3) Deadline.--
                        (A) In general.--Not later than 3 years after the
                    date on which funds are first made available to develop
                    the management plan after designation of the Heritage
                    Area, the local coordinating entity shall submit the
                    management plan to the Secretary for approval.
                        (B) Termination of funding.--If the management plan
                    is not submitted to the Secretary in accordance with
                    subparagraph (A), the local coordinating entity shall
                    not qualify for any additional financial assistance
                    under this section until such time as the management
                    plan is submitted to and approved by the Secretary.
                (4) Approval of management plan.--
                        (A) <<NOTE: Deadline.>>  Review.--Not later than 180
                    days after receiving the plan, the Secretary shall
                    review and approve or disapprove the management plan for
                    the Heritage Area on the basis of the criteria
                    established under subparagraph (B).
                        (B) Criteria for approval.--In determining whether
                    to approve a management plan for the Heritage Area, the
                    Secretary shall consider whether--
                              (i) the local coordinating entity represents
                          the diverse interests of the Heritage Area,
                          including Federal, State, tribal, and local
                          governments, natural, and historic resource
                          protection organizations, educational

    [[Page 123 STAT. 1244]]

                          institutions, businesses, recreational
                          organizations, community residents, and private
                          property owners;
                              (ii) the local coordinating entity--
                                        (I) has afforded adequate
                                    opportunity for public and Federal,
                                    State, tribal, and local governmental
                                    involvement (including through workshops
                                    and hearings) in the preparation of the
                                    management plan; and
                                        (II) provides for at least
                                    semiannual public meetings to ensure
                                    adequate implementation of the
                                    management plan;
                              (iii) the resource protection, enhancement,
                          interpretation, funding, management, and
                          development strategies described in the management
                          plan, if implemented, would adequately protect,
                          enhance, interpret, fund, manage, and develop the
                          natural, historic, cultural, educational, scenic,
                          and recreational resources of the Heritage Area;
                              (iv) the management plan would not adversely
                          affect any activities authorized on Federal land
                          under public land laws or land use plans;
                              (v) the local coordinating entity has
                          demonstrated the financial capability, in
                          partnership with others, to carry out the plan;
                              (vi) the Secretary has received adequate
                          assurances from the appropriate State, tribal, and
                          local officials whose support is needed to ensure
                          the effective implementation of the State, tribal,
                          and local elements of the management plan; and
                              (vii) the management plan demonstrates
                          partnerships among the local coordinating entity,
                          Federal, State, tribal, and local governments,
                          regional planning organizations, nonprofit
                          organizations, or private sector parties for
                          implementation of the management plan.
                        (C) Disapproval.--
                              (i) In general.--If the Secretary disapproves
                          the management plan, the Secretary--
                                        (I) shall advise the local
                                    coordinating entity in writing of the
                                    reasons for the disapproval; and
                                        (II) may make recommendations to the
                                    local coordinating entity for revisions
                                    to the management plan.
                              (ii) Deadline.--Not later than 180 days after
                          receiving a revised management plan, the Secretary
                          shall approve or disapprove the revised management
                          plan.
                        (D) Amendments.--
                              (i) <<NOTE: Review.>>  In general.--An
                          amendment to the management plan that
                          substantially alters the purposes of the Heritage
                          Area shall be reviewed by the Secretary and
                          approved or disapproved in the same manner as the
                          original management plan.
                              (ii) Implementation.--The local coordinating
                          entity shall not use Federal funds authorized to
                          be appropriated by this section to implement an
                          amendment to the management plan until the
                          Secretary approves the amendment.

    [[Page 123 STAT. 1245]]

                        (E) Authorities.--The Secretary may--
                              (i) provide technical assistance under this
                          section for the development and implementation of
                          the management plan; and
                              (ii) enter into cooperative agreements with
                          interested parties to carry out this section.

        (e) Relationship to Other Federal Agencies.--
                (1) In general.--Nothing in this section affects the
            authority of a Federal agency to provide technical or financial
            assistance under any other law.
                (2) Technical and financial assistance.--
                        (A) In general.--On the request of the local
                    coordinating entity, the Secretary may provide financial
                    assistance and, on a reimbursable or nonreimbursable
                    basis, technical assistance to the local coordinating
                    entity to develop and implement the management plan.
                        (B) Cooperative agreements.--The Secretary may enter
                    into cooperative agreements with the local coordinating
                    entity and other public or private entities to provide
                    technical or financial assistance under subparagraph
                    (A).
                        (C) Priority.--In assisting the Heritage Area, the
                    Secretary shall give priority to actions that assist
                    in--
                              (i) conserving the significant natural,
                          historic, cultural, and scenic resources of the
                          Heritage Area; and
                              (ii) providing educational, interpretive, and
                          recreational opportunities consistent with the
                          purposes of the Heritage Area.
                (3) Consultation and coordination.--To the maximum extent
            practicable, the head of any Federal agency planning to conduct
            activities that may have an impact on the Heritage Area is
            encouraged to consult and coordinate the activities with the
            Secretary and the local coordinating entity.
                (4) Other federal agencies.--Nothing in this section--
                        (A) modifies or alters any laws (including
                    regulations) authorizing a Federal agency to manage
                    Federal land under the jurisdiction of the Federal
                    agency;
                        (B) limits the discretion of a Federal land manager
                    to implement an approved land use plan within the
                    boundaries of the Heritage Area; or
                        (C) modifies, alters, or amends any authorized use
                    of Federal land under the jurisdiction of a Federal
                    agency.

        (f) Private Property and Regulatory Protections.--Nothing in this
    section--
                (1) abridges the rights of any owner of public or private
            property, including the right to refrain from participating in
            any plan, project, program, or activity conducted within the
            Heritage Area;
                (2) requires any property owner to--
                        (A) permit public access (including access by
                    Federal, State, or local agencies) to the property of
                    the property owner; or
                        (B) modify public access to, or use of, the property
                    of the property owner under any other Federal, State, or
                    local law;
                (3) alters any duly adopted land use regulation, approved
            land use plan, or other regulatory authority of any Federal,
            State, tribal, or local agency;

    [[Page 123 STAT. 1246]]

                (4) conveys any land use or other regulatory authority to
            the local coordinating entity;
                (5) authorizes or implies the reservation or appropriation
            of water or water rights;
                (6) diminishes the authority of the State to manage fish and
            wildlife, including the regulation of fishing and hunting within
            the Heritage Area; or
                (7) creates any liability, or affects any liability under
            any other law, of any private property owner with respect to any
            person injured on the private property.

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

        (h) Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            carry out this section $10,000,000, of which not more than
            $1,000,000 may be made available for any fiscal year.

    [[Page 123 STAT. 1247]]

                (2) Cost-sharing requirement.--
                        (A) In general.--The Federal share of the total cost
                    of any activity under this section shall be not more
                    than 50 percent.
                        (B) Form.--The non-Federal contribution may be in
                    the form of in-kind contributions of goods or services
                    fairly valued.

        (i) Termination of Authority.--The authority of the Secretary to
    provide assistance under this section terminates on the date that is 15
    years after the date of enactment of this Act.
    SEC. 8005. <<NOTE: 16 USC 461 note.>>  BALTIMORE NATIONAL HERITAGE
                              AREA, MARYLAND.

        (a) Definitions.--In this section:
                (1) Heritage area.--The term ``Heritage Area'' means the
            Baltimore National Heritage Area, established by subsection
            (b)(1).
                (2) Local coordinating entity.--The term ``local
            coordinating entity'' means the local coordinating entity for
            the Heritage Area designated by subsection (b)(4).
                (3) Management plan.--The term ``management plan'' means the
            management plan for the Heritage Area required under subsection
            (c)(1)(A).
                (4) Map.--The term ``map'' means the map entitled
            ``Baltimore National Heritage Area'', numbered T10/80,000, and
            dated October 2007.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (6) State.--The term ``State'' means the State of Maryland.

        (b) Baltimore National Heritage Area.--
                (1) Establishment.--There is established the Baltimore
            National Heritage Area in the State.
                (2) Boundaries.--The Heritage Area shall be comprised of the
            following areas, as described on the map:
                        (A) The area encompassing the Baltimore City
                    Heritage Area certified by the Maryland Heritage Areas
                    Authority in October 2001 as part of the Baltimore City
                    Heritage Area Management Action Plan.
                        (B) The Mount Auburn Cemetery.
                        (C) The Cylburn Arboretum.
                        (D) The Middle Branch of the Patapsco River and
                    surrounding shoreline, including--
                              (i) the Cruise Maryland Terminal;
                              (ii) new marina construction;
                              (iii) the National Aquarium Aquatic Life
                          Center;
                              (iv) the Westport Redevelopment;
                              (v) the Gwynns Falls Trail;
                              (vi) the Baltimore Rowing Club; and
                              (vii) the Masonville Cove Environmental
                          Center.
                (3) Availability of map.--The map shall be on file and
            available for public inspection in the appropriate offices of
            the National Park Service and the Baltimore Heritage Area
            Association.
                (4) Local coordinating entity.--The Baltimore Heritage Area
            Association shall be the local coordinating entity for the
            Heritage Area.

        (c) Duties and Authorities of Local Coordinating Entity.--

    [[Page 123 STAT. 1248]]

                (1) Duties of the local coordinating entity.--To further the
            purposes of the Heritage Area, the local coordinating entity
            shall--
                        (A) <<NOTE: Management plan.>>  prepare, and submit
                    to the Secretary, in accordance with subsection (d), a
                    management plan for the Heritage Area;
                        (B) assist units of local government, regional
                    planning organizations, and nonprofit organizations in
                    implementing the approved management plan by--
                              (i) carrying out programs and projects that
                          recognize, protect, and enhance important resource
                          values within the Heritage Area;
                              (ii) establishing and maintaining interpretive
                          exhibits and programs within the Heritage Area;
                              (iii) developing recreational and educational
                          opportunities in the Heritage Area;
                              (iv) increasing public awareness of, and
                          appreciation for, natural, historic, scenic, and
                          cultural resources of the Heritage Area;
                              (v) protecting and restoring historic sites
                          and buildings in the Heritage Area that are
                          consistent with the themes of the Heritage Area;
                              (vi) ensuring that signs identifying points of
                          public access and sites of interest are posted
                          throughout the Heritage Area; and
                              (vii) promoting a wide range of partnerships
                          among governments, organizations, and individuals
                          to further the purposes of the Heritage Area;
                        (C) consider the interests of diverse units of
                    government, businesses, organizations, and individuals
                    in the Heritage Area in the preparation and
                    implementation of the management plan;
                        (D) <<NOTE: Public information. Deadlines.>>
                    conduct meetings open to the public at least
                    semiannually regarding the development and
                    implementation of the management plan;
                        (E) <<NOTE: Deadline. Reports.>>  submit an annual
                    report to the Secretary for each fiscal year for which
                    the local coordinating entity receives Federal funds
                    under this section specifying--
                              (i) the accomplishments of the local
                          coordinating entity;
                              (ii) the expenses and income of the local
                          coordinating entity;
                              (iii) the amounts and sources of matching
                          funds;
                              (iv) the amounts leveraged with Federal funds
                          and sources of the leveraged funds; and
                              (v) grants made to any other entities during
                          the fiscal year;
                        (F) <<NOTE: Records.>>  make available for audit for
                    each fiscal year for which the local coordinating entity
                    receives Federal funds under this section, all
                    information pertaining to the expenditure of the funds
                    and any matching funds;
                        (G) <<NOTE: Records.>>  require in all agreements
                    authorizing expenditures of Federal funds by other
                    organizations, that the receiving organizations make
                    available for audit all records and other information
                    pertaining to the expenditure of the funds; and

    [[Page 123 STAT. 1249]]

                        (H) encourage, by appropriate means, economic
                    development that is consistent with the purposes of the
                    Heritage Area.
                (2) Authorities.--The local coordinating entity may, subject
            to the prior approval of the Secretary, for the purposes of
            preparing and implementing the management plan, use Federal
            funds made available under this section to--
                        (A) make grants to the State, political subdivisions
                    of the State, nonprofit organizations, and other
                    persons;
                        (B) enter into cooperative agreements with, or
                    provide technical assistance to, the State, political
                    subdivisions of the State, nonprofit organizations,
                    Federal agencies, and other interested parties;
                        (C) hire and compensate staff;
                        (D) obtain funds or services from any source,
                    including funds and services provided under any other
                    Federal law or program;
                        (E) contract for goods or services; and
                        (F) support activities of partners and any other
                    activities that further the purposes of the Heritage
                    Area and are consistent with the approved management
                    plan.
                (3) Prohibition on acquisition of real property.--The local
            coordinating entity may not use Federal funds received under
            this section to acquire any interest in real property.

        (d) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date on which funds are made available to develop the
            management plan, the local coordinating entity shall submit to
            the Secretary for approval a proposed management plan for the
            Heritage Area.
                (2) Requirements.--The management plan for the Heritage Area
            shall--
                        (A) describe comprehensive policies, goals,
                    strategies, and recommendations for telling the story of
                    the heritage of the region and encouraging long-term
                    resource protection, enhancement, interpretation,
                    funding, management, and development of the Heritage
                    Area;
                        (B) take into consideration existing State, county,
                    and local plans in the development and implementation of
                    the management plan;
                        (C) include a description of actions and commitments
                    that governments, private organizations, and citizens
                    plan to take to protect, enhance, and interpret the
                    natural, historic, scenic, and cultural resources of the
                    Heritage Area;
                        (D) specify existing and potential sources of
                    funding or economic development strategies to protect,
                    enhance, interpret, fund, manage, and develop the
                    Heritage Area;
                        (E) include an inventory of the natural, historic,
                    cultural, educational, scenic, and recreational
                    resources of the Heritage Area relating to the stories
                    and themes of the region that should be protected,
                    enhanced, managed, or developed;
                        (F) recommend policies and strategies for resource
                    management including, the development of
                    intergovernmental and interagency agreements to protect
                    the natural, historic, cultural, educational, scenic,
                    and recreational resources of the Heritage Area;

    [[Page 123 STAT. 1250]]

                        (G) describe a program for implementation of the
                    management plan, including--
                              (i) performance goals;
                              (ii) plans for resource protection,
                          enhancement, and interpretation; and
                              (iii) specific commitments for implementation
                          that have been made by the local coordinating
                          entity or any government, organization, business,
                          or individual;
                        (H) include an analysis of, and recommendations for,
                    ways in which Federal, State, tribal, and local programs
                    may best be coordinated (including the role of the
                    National Park Service and other Federal agencies
                    associated with the Heritage Area) to further the
                    purposes of this section;
                        (I) include an interpretive plan for the Heritage
                    Area; and
                        (J) include a business plan that--
                              (i) describes the role, operation, financing,
                          and functions of the local coordinating entity and
                          of each of the major activities described in the
                          management plan; and
                              (ii) provides adequate assurances that the
                          local coordinating entity has the partnerships and
                          financial and other resources necessary to
                          implement the management plan for the Heritage
                          Area.
                (3) Termination of funding.--If the management plan is not
            submitted to the Secretary in accordance with this section, the
            local coordinating entity shall not qualify for additional
            financial assistance under this section until the management
            plan is submitted to, and approved by, the Secretary.
                (4) Approval of management plan.--
                        (A) <<NOTE: Deadline.>>  Review.--Not later than 180
                    days after the date on which the Secretary receives the
                    management plan, the Secretary shall approve or
                    disapprove the management plan.
                        (B) Consultation required.--The Secretary shall
                    consult with the Governor of the State and any tribal
                    government in which the Heritage Area is located before
                    approving the management plan.
                        (C) Criteria for approval.--In determining whether
                    to approve the management plan, the Secretary shall
                    consider whether--
                              (i) the local coordinating entity represents
                          the diverse interests of the Heritage Area,
                          including governments, natural and historic
                          resource protection organizations, educational
                          institutions, businesses, community residents, and
                          recreational organizations;
                              (ii) the local coordinating entity has
                          afforded adequate opportunity for public and
                          governmental involvement (including through
                          workshops and public meetings) in the preparation
                          of the management plan;
                              (iii) the resource protection and
                          interpretation strategies described in the
                          management plan, if implemented, would adequately
                          protect the natural, historic, and cultural
                          resources of the Heritage Area;
                              (iv) the management plan would not adversely
                          affect any activities authorized on Federal or
                          tribal land under applicable laws or land use
                          plans;

    [[Page 123 STAT. 1251]]

                              (v) the Secretary has received adequate
                          assurances from the appropriate State, tribal, and
                          local officials whose support is needed to ensure
                          the effective implementation of the State, tribal,
                          and local aspects of the management plan; and
                              (vi) the local coordinating entity has
                          demonstrated the financial capability, in
                          partnership with others, to carry out the
                          management plan.
                        (D) Action following disapproval.--
                              (i) In general.--If the Secretary disapproves
                          the management plan, the Secretary--
                                        (I) shall advise the local
                                    coordinating entity in writing of the
                                    reasons for the disapproval; and
                                        (II) may make recommendations to the
                                    local coordinating entity for revisions
                                    to the management plan.
                              (ii) Deadline.--Not later than 180 days after
                          receiving a revised management plan, the Secretary
                          shall approve or disapprove the revised management
                          plan.
                        (E) Amendments.--
                              (i) <<NOTE: Review.>>  In general.--An
                          amendment to the management plan that
                          substantially alters the purposes of the Heritage
                          Area shall be reviewed by the Secretary and
                          approved or disapproved in the same manner as the
                          original management plan.
                              (ii) Implementation.--The local coordinating
                          entity shall not use Federal funds authorized to
                          be appropriated by this section to implement an
                          amendment to the management plan until the
                          Secretary approves the amendment.

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

    [[Page 123 STAT. 1252]]

                              (ii) prepare a report with recommendations for
                          the future role of the National Park Service, if
                          any, with respect to the Heritage Area, in
                          accordance with subparagraph (C).
                        (B) Evaluation.--An evaluation conducted under
                    subparagraph (A)(i) shall--
                              (i) assess the progress of the local
                          coordinating entity with respect to--
                                        (I) accomplishing the purposes of
                                    this section for the Heritage Area; and
                                        (II) achieving the goals and
                                    objectives of the approved management
                                    plan for the Heritage Area;
                              (ii) analyze the Federal, State, local, and
                          private investments in the Heritage Area to
                          determine the leverage and impact of the
                          investments; and
                              (iii) review the management structure,
                          partnership relationships, and funding of the
                          Heritage Area for purposes of identifying the
                          critical components for sustainability of the
                          Heritage Area.
                        (C) Report.--
                              (i) In general.--Based on the evaluation
                          conducted under subparagraph (A)(i), the Secretary
                          shall prepare a report that includes
                          recommendations for the future role of the
                          National Park Service, if any, with respect to the
                          Heritage Area.
                              (ii) Required analysis.--If the report
                          prepared under this subparagraph recommends that
                          Federal funding for the Heritage Area be
                          reauthorized, the report shall include an analysis
                          of--
                                        (I) ways in which Federal funding
                                    for the Heritage Area may be reduced or
                                    eliminated; and
                                        (II) the appropriate time period
                                    necessary to achieve the recommended
                                    reduction or elimination.
                              (iii) Submission to congress.--On completion
                          of a report under this subparagraph, the Secretary
                          shall submit the report to--
                                        (I) the Committee on Energy and
                                    Natural Resources of the Senate; and
                                        (II) the Committee on Natural
                                    Resources of the House of
                                    Representatives.

        (f) Relationship to Other Federal Agencies.--
                (1) In general.--Nothing in this section affects the
            authority of a Federal agency to provide technical or financial
            assistance under any other law.
                (2) Consultation and coordination.--To the maximum extent
            practicable, the head of any Federal agency planning to conduct
            activities that may have an impact on the Heritage Area is
            encouraged to consult and coordinate the activities with the
            Secretary and the local coordinating entity.
                (3) Other federal agencies.--Nothing in this section--
                        (A) modifies, alters, or amends any laws (including
                    regulations) authorizing a Federal agency to manage
                    Federal land under the jurisdiction of the Federal
                    agency;
                        (B) limits the discretion of a Federal land manager
                    to implement an approved land use plan within the
                    boundaries of the Heritage Area; or

    [[Page 123 STAT. 1253]]

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

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

        (h) Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            carry out this section $10,000,000, of which not more than
            $1,000,000 may be made available for any fiscal year.
                (2) Cost-sharing requirement.--
                        (A) In general.--The Federal share of the total cost
                    of any activity under this section shall be not more
                    than 50 percent.
                        (B) Form.--The non-Federal contribution--
                              (i) shall be from non-Federal sources; and
                              (ii) may be in the form of in-kind
                          contributions of goods or services fairly valued.

        (i) Termination of Effectiveness.--The authority of the Secretary to
    provide assistance under this section terminates on the date that is 15
    years after the date of enactment of this Act.
    SEC. 8006. <<NOTE: 16 USC 461 note.>>  FREEDOM'S WAY NATIONAL
                              HERITAGE AREA, MASSACHUSETTS AND NEW
                              HAMPSHIRE.

        (a) Purposes.--The purposes of this section are--
                (1) to foster a close working relationship between the
            Secretary and all levels of government, the private sector, and
            local communities in the States of Massachusetts and New
            Hampshire;
                (2) to assist the entities described in paragraph (1) to
            preserve the special historic identity of the Heritage Area; and
                (3) to manage, preserve, protect, and interpret the
            cultural, historic, and natural resources of the Heritage Area
            for the educational and inspirational benefit of future
            generations.

        (b) Definitions.--In this section:

    [[Page 123 STAT. 1254]]

                (1) Heritage area.--The term ``Heritage Area'' means the
            Freedom's Way National Heritage Area established by subsection
            (c)(1).
                (2) Local coordinating entity.--The term ``local
            coordinating entity'' means the local coordinating entity for
            the Heritage Area designated by subsection (c)(4).
                (3) Management plan.--The term ``management plan'' means the
            management plan for the Heritage Area required under subsection
            (d)(1)(A).
                (4) Map.--The term ``map'' means the map entitled
            ``Freedom's Way National Heritage Area'', numbered T04/80,000,
            and dated July 2007.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (c) Establishment.--
                (1) In general.--There is established the Freedom's Way
            National Heritage Area in the States of Massachusetts and New
            Hampshire.
                (2) Boundaries.--
                        (A) In general.--The boundaries of the Heritage Area
                    shall be as generally depicted on the map.
                        (B) Revision.--The boundaries of the Heritage Area
                    may be revised if the revision is--
                              (i) proposed in the management plan;
                              (ii) approved by the Secretary in accordance
                          with subsection (e)(4); and
                              (iii) placed on file in accordance with
                          paragraph (3).
                (3) Availability of map.--The map shall be on file and
            available for public inspection in the appropriate offices of
            the National Park Service and the local coordinating entity.
                (4) Local coordinating entity.--The Freedom's Way Heritage
            Association, Inc., shall be the local coordinating entity for
            the Heritage Area.

        (d) Duties and Authorities of Local Coordinating Entity.--
                (1) Duties of the local coordinating entity.--To further the
            purposes of the Heritage Area, the local coordinating entity
            shall--
                        (A) <<NOTE: Management plan.>>  prepare, and submit
                    to the Secretary, in accordance with subsection (e), a
                    management plan for the Heritage Area;
                        (B) assist units of local government, regional
                    planning organizations, and nonprofit organizations in
                    implementing the approved management plan by--
                              (i) carrying out programs and projects that
                          recognize and protect important resource values
                          within the Heritage Area;
                              (ii) establishing and maintaining interpretive
                          exhibits and programs within the Heritage Area;
                              (iii) developing recreational and educational
                          opportunities in the Heritage Area;
                              (iv) increasing public awareness of, and
                          appreciation for, natural, historic, and cultural
                          resources of the Heritage Area;

    [[Page 123 STAT. 1255]]

                              (v) protecting and restoring historic
                          buildings in the Heritage Area that are consistent
                          with the themes of the Heritage Area; and
                              (vi) ensuring that signs identifying points of
                          public access and sites of interest are posted
                          throughout the Heritage Area;
                        (C) consider the interests of diverse units of
                    government, businesses, organizations, and individuals
                    in the Heritage Area in the preparation and
                    implementation of the management plan;
                        (D) <<NOTE: Public information. Deadlines.>>
                    conduct meetings open to the public at least quarterly
                    regarding the development and implementation of the
                    management plan;
                        (E) <<NOTE: Deadline. Reports.>>  submit an annual
                    report to the Secretary for each fiscal year for which
                    the local coordinating entity receives Federal funds
                    under this section specifying--
                              (i) the accomplishments of the local
                          coordinating entity;
                              (ii) the expenses and income of the local
                          coordinating entity;
                              (iii) the amounts and sources of matching
                          funds;
                              (iv) the amounts leveraged with Federal funds
                          and sources of the leveraged funds; and
                              (v) grants made to any other entities during
                          the fiscal year;
                        (F) <<NOTE: Records.>>  make available for audit for
                    each fiscal year for which the local coordinating entity
                    receives Federal funds under this section, all
                    information pertaining to the expenditure of the funds
                    and any matching funds;
                        (G) <<NOTE: Records.>>  require in all agreements
                    authorizing expenditures of Federal funds by other
                    organizations, that the receiving organizations make
                    available for audit all records and other information
                    pertaining to the expenditure of the funds; and
                        (H) encourage, by appropriate means, economic
                    development that is consistent with the purposes of the
                    Heritage Area.
                (2) Authorities.--The local coordinating entity may, subject
            to the prior approval of the Secretary, for the purposes of
            preparing and implementing the management plan, use Federal
            funds made available under this section to--
                        (A) make grants to the States of Massachusetts and
                    New Hampshire, political subdivisions of the States,
                    nonprofit organizations, and other persons;
                        (B) enter into cooperative agreements with, or
                    provide technical assistance to, the States of
                    Massachusetts and New Hampshire, political subdivisions
                    of the States, nonprofit organizations, Federal
                    agencies, and other interested parties;
                        (C) hire and compensate staff;
                        (D) obtain funds or services from any source,
                    including funds and services provided under any other
                    Federal law or program;
                        (E) contract for goods or services; and
                        (F) support activities of partners and any other
                    activities that further the purposes of the Heritage
                    Area and are consistent with the approved management
                    plan.

    [[Page 123 STAT. 1256]]

                (3) Prohibition on acquisition of real property.--The local
            coordinating entity may not use Federal funds received under
            this section to acquire any interest in real property.
                (4) Use of funds for non-federal property.--The local
            coordinating entity may use Federal funds made available under
            this section to assist non-Federal property that is--
                        (A) described in the management plan; or
                        (B) listed, or eligible for listing, on the National
                    Register of Historic Places.

        (e) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date on which funds are made available to develop the
            management plan, the local coordinating entity shall submit to
            the Secretary for approval a proposed management plan for the
            Heritage Area.
                (2) Requirements.--The management plan for the Heritage Area
            shall--
                        (A) describe comprehensive policies, goals,
                    strategies, and recommendations for the conservation,
                    funding, management, and development of the Heritage
                    Area;
                        (B) take into consideration existing State, county,
                    and local plans in the development and implementation of
                    the management plan;
                        (C) provide a framework for coordination of the
                    plans considered under subparagraph (B) to present a
                    unified historic preservation and interpretation plan;
                        (D) contain the contributions of residents, public
                    agencies, and private organizations within the Heritage
                    Area;
                        (E) include a description of actions and commitments
                    that governments, private organizations, and citizens
                    plan to take to protect, enhance, and interpret the
                    natural, historic, scenic, and cultural resources of the
                    Heritage Area;
                        (F) specify existing and potential sources of
                    funding or economic development strategies to conserve,
                    manage, and develop the Heritage Area;
                        (G) include an inventory of the natural, historic,
                    and recreational resources of the Heritage Area,
                    including a list of properties that--
                              (i) are related to the themes of the Heritage
                          Area; and
                              (ii) should be conserved, restored, managed,
                          developed, or maintained;
                        (H) recommend policies and strategies for resource
                    management that--
                              (i) apply appropriate land and water
                          management techniques;
                              (ii) include the development of
                          intergovernmental and interagency agreements to
                          protect the natural, historic, and cultural
                          resources of the Heritage Area; and
                              (iii) support economic revitalization efforts;
                        (I) describe a program for implementation of the
                    management plan, including--
                              (i) restoration and construction plans or
                          goals;
                              (ii) a program of public involvement;
                              (iii) annual work plans; and
                              (iv) annual reports;

    [[Page 123 STAT. 1257]]

                        (J) include an analysis of, and recommendations for,
                    ways in which Federal, State, tribal, and local programs
                    may best be coordinated (including the role of the
                    National Park Service and other Federal agencies
                    associated with the Heritage Area) to further the
                    purposes of this section;
                        (K) include an interpretive plan for the Heritage
                    Area; and
                        (L) include a business plan that--
                              (i) describes the role, operation, financing,
                          and functions of the local coordinating entity and
                          of each of the major activities described in the
                          management plan; and
                              (ii) provides adequate assurances that the
                          local coordinating entity has the partnerships and
                          financial and other resources necessary to
                          implement the management plan for the Heritage
                          Area.
                (3) Termination of funding.--If the management plan is not
            submitted to the Secretary in accordance with this section, the
            local coordinating entity shall not qualify for additional
            financial assistance under this section until the management
            plan is submitted to, and approved by, the Secretary.
                (4) Approval of management plan.--
                        (A) <<NOTE: Deadline.>>  Review.--Not later than 180
                    days after the date on which the Secretary receives the
                    management plan, the Secretary shall approve or
                    disapprove the management plan.
                        (B) Criteria for approval.--In determining whether
                    to approve the management plan, the Secretary shall
                    consider whether--
                              (i) the local coordinating entity represents
                          the diverse interests of the Heritage Area,
                          including governments, natural and historic
                          resource protection organizations, educational
                          institutions, businesses, community residents, and
                          recreational organizations;
                              (ii) the local coordinating entity has
                          afforded adequate opportunity for public and
                          governmental involvement (including through
                          workshops and public meetings) in the preparation
                          of the management plan;
                              (iii) the resource protection and
                          interpretation strategies described in the
                          management plan, if implemented, would adequately
                          protect the natural, historic, and cultural
                          resources of the Heritage Area;
                              (iv) the management plan would not adversely
                          affect any activities authorized on Federal or
                          tribal land under applicable laws or land use
                          plans;
                              (v) the Secretary has received adequate
                          assurances from the appropriate State, tribal, and
                          local officials whose support is needed to ensure
                          the effective implementation of the State, tribal,
                          and local aspects of the management plan; and
                              (vi) the local coordinating entity has
                          demonstrated the financial capability, in
                          partnership with others, to carry out the
                          management plan.
                        (C) Action following disapproval.--
                              (i) In general.--If the Secretary disapproves
                          the management plan, the Secretary--

    [[Page 123 STAT. 1258]]

                                        (I) shall advise the local
                                    coordinating entity in writing of the
                                    reasons for the disapproval; and
                                        (II) may make recommendations to the
                                    local coordinating entity for revisions
                                    to the management plan.
                              (ii) Deadline.--Not later than 180 days after
                          receiving a revised management plan, the Secretary
                          shall approve or disapprove the revised management
                          plan.
                        (D) Amendments.--
                              (i) <<NOTE: Review.>>  In general.--An
                          amendment to the management plan that
                          substantially alters the purposes of the Heritage
                          Area shall be reviewed by the Secretary and
                          approved or disapproved in the same manner as the
                          original management plan.
                              (ii) Implementation.--The local coordinating
                          entity shall not use Federal funds authorized to
                          be appropriated by this section to implement an
                          amendment to the management plan until the
                          Secretary approves the amendment.

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

    [[Page 123 STAT. 1259]]

                                        (II) achieving the goals and
                                    objectives of the approved management
                                    plan for the Heritage Area;
                              (ii) analyze the Federal, State, local, and
                          private investments in the Heritage Area to
                          determine the leverage and impact of the
                          investments; and
                              (iii) review the management structure,
                          partnership relationships, and funding of the
                          Heritage Area for purposes of identifying the
                          critical components for sustainability of the
                          Heritage Area.
                        (C) Report.--
                              (i) In general.--Based on the evaluation
                          conducted under subparagraph (A)(i), the Secretary
                          shall prepare a report that includes
                          recommendations for the future role of the
                          National Park Service, if any, with respect to the
                          Heritage Area.
                              (ii) Required analysis.--If the report
                          prepared under this subparagraph recommends that
                          Federal funding for the Heritage Area be
                          reauthorized, the report shall include an analysis
                          of--
                                        (I) ways in which Federal funding
                                    for the Heritage Area may be reduced or
                                    eliminated; and
                                        (II) the appropriate time period
                                    necessary to achieve the recommended
                                    reduction or elimination.
                              (iii) Submission to congress.--On completion
                          of a report under this subparagraph, the Secretary
                          shall submit the report to--
                                        (I) the Committee on Energy and
                                    Natural Resources of the Senate; and
                                        (II) the Committee on Natural
                                    Resources of the House of
                                    Representatives.

        (g) Relationship to Other Federal Agencies.--
                (1) In general.--Nothing in this section affects the
            authority of a Federal agency to provide technical or financial
            assistance under any other law.
                (2) Consultation and coordination.--To the maximum extent
            practicable, the head of any Federal agency planning to conduct
            activities that may have an impact on the Heritage Area is
            encouraged to consult and coordinate the activities with the
            Secretary and the local coordinating entity.
                (3) Other federal agencies.--Nothing in this section--
                        (A) modifies, alters, or amends any laws (including
                    regulations) authorizing a Federal agency to manage
                    Federal land under the jurisdiction of the Federal
                    agency;
                        (B) limits the discretion of a Federal land manager
                    to implement an approved land use plan within the
                    boundaries of the Heritage Area; or
                        (C) modifies, alters, or amends any authorized use
                    of Federal land under the jurisdiction of a Federal
                    agency.

        (h) Property Owners and Regulatory Protections.--Nothing in this
    section--
                (1) abridges the rights of any owner of public or private
            property, including the right to refrain from participating in
            any plan, project, program, or activity conducted within the
            Heritage Area;
                (2) requires any property owner to--
                        (A) permit public access (including Federal, tribal,
                    State, or local government access) to the property; or

    [[Page 123 STAT. 1260]]

                        (B) modify any provisions of Federal, tribal, State,
                    or local law with regard to public access or use of
                    private land;
                (3) alters any duly adopted land use regulations, approved
            land use plan, or any other regulatory authority of any Federal,
            State, or local agency, or tribal government;
                (4) conveys any land use or other regulatory authority to
            the local coordinating entity;
                (5) authorizes or implies the reservation or appropriation
            of water or water rights;
                (6) diminishes the authority of the States of Massachusetts
            and New Hampshire to manage fish and wildlife, including the
            regulation of fishing and hunting within the Heritage Area; or
                (7) creates any liability, or affects any liability under
            any other law, of any private property owner with respect to any
            person injured on the private property.

        (i) Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            carry out this section $10,000,000, of which not more than
            $1,000,000 may be made available for any fiscal year.
                (2) Availability.--Funds made available under paragraph (1)
            shall remain available until expended.
                (3) Cost-sharing requirement.--
                        (A) In general.--The Federal share of the total cost
                    of any activity under this section shall be not more
                    than 50 percent.
                        (B) Form.--The non-Federal contribution may be in
                    the form of in-kind contributions of goods or services
                    fairly valued.

        (j) Termination of Financial Assistance.--The authority of the
    Secretary to provide financial assistance under this section terminates
    on the date that is 15 years after the date of enactment of this Act.
    SEC. 8007. <<NOTE: 16 USC 461 note.>>  MISSISSIPPI HILLS NATIONAL
                              HERITAGE AREA.

        (a) Definitions.--In this section:
                (1) Heritage area.--The term ``Heritage Area'' means the
            Mississippi Hills National Heritage Area established by
            subsection (b)(1).
                (2) Local coordinating entity.--The term ``local
            coordinating entity'' means the local coordinating entity for
            Heritage Area designated by subsection (b)(3)(A).
                (3) Management plan.--The term ``management plan'' means the
            management plan for the Heritage Area required under subsection
            (c)(1)(A).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (5) State.--The term ``State'' means the State of
            Mississippi.

        (b) Mississippi Hills National Heritage Area.--
                (1) Establishment.--There is established the Mississippi
            Hills National Heritage Area in the State.
                (2) Boundaries.--
                        (A) Affected counties.--The Heritage Area shall
                    consist of all, or portions of, as specified by the
                    boundary description in subparagraph (B), Alcorn,
                    Attala, Benton,

    [[Page 123 STAT. 1261]]

                    Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto,
                    Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes,
                    Marshall, Monroe, Montgomery, Noxubee, Oktibbeha,
                    Panola, Pontotoc, Prentiss, Tate, Tippah, Tishomingo,
                    Union, Webster, Winston, and Yalobusha Counties in the
                    State.
                        (B) Boundary description.--The Heritage Area shall
                    have the following boundary description:
                              (i) traveling counterclockwise, the Heritage
                          Area shall be bounded to the west by U.S. Highway
                          51 from the Tennessee State line until it
                          intersects Interstate 55 (at Geeslin Corner
                          approximately \1/2\ mile due north of Highway
                          Interchange 208);
                              (ii) from this point, Interstate 55 shall be
                          the western boundary until it intersects with
                          Mississippi Highway 12 at Highway Interchange 156,
                          the intersection of which shall be the southwest
                          terminus of the Heritage Area;
                              (iii) from the southwest terminus, the
                          boundary shall--
                                        (I) extend east along Mississippi
                                    Highway 12 until it intersects U.S.
                                    Highway 51;
                                        (II) follow Highway 51 south until
                                    it is intersected again by Highway 12;
                                        (III) extend along Highway 12 into
                                    downtown Kosciusko where it intersects
                                    Mississippi Highway 35;
                                        (IV) follow Highway 35 south until
                                    it is intersected by Mississippi Highway
                                    14; and
                                        (V) extend along Highway 14 until it
                                    reaches the Alabama State line, the
                                    intersection of which shall be the
                                    southeast terminus of the Heritage Area;
                              (iv) from the southeast terminus, the boundary
                          of the Heritage Area shall follow the Mississippi-
                          Alabama State line until it reaches the
                          Mississippi-Tennessee State line, the intersection
                          of which shall be the northeast terminus of the
                          Heritage Area; and
                              (v) the boundary shall extend due west until
                          it reaches U.S. Highway 51, the intersection of
                          which shall be the northwest terminus of the
                          Heritage Area.
                (3) Local coordinating entity.--
                        (A) <<NOTE: Designation.>>  In general.--The local
                    coordinating entity for the Heritage Area shall be the
                    Mississippi Hills Heritage Area Alliance, a nonprofit
                    organization registered by the State, with the
                    cooperation and support of the University of
                    Mississippi.
                        (B) Board of directors.--
                              (i) In general.--The local coordinating entity
                          shall be governed by a Board of Directors
                          comprised of not more than 30 members.
                              (ii) Composition.--Members of the Board of
                          Directors shall consist of--
                                        (I) not more than 1 representative
                                    from each of the counties described in
                                    paragraph (2)(A); and
                                        (II) any ex-officio members that may
                                    be appointed by the Board of Directors,
                                    as the Board of Directors determines to
                                    be necessary.

    [[Page 123 STAT. 1262]]

        (c) Duties and Authorities of Local Coordinating Entity.--
                (1) Duties of the local coordinating entity.--To further the
            purposes of the Heritage Area, the local coordinating entity
            shall--
                        (A) <<NOTE: Management plan.>>  prepare, and submit
                    to the Secretary, in accordance with subsection (d), a
                    management plan for the Heritage Area;
                        (B) assist units of local government, regional
                    planning organizations, and nonprofit organizations in
                    implementing the approved management plan by--
                              (i) establishing and maintaining interpretive
                          exhibits and programs within the Heritage Area;
                              (ii) developing recreational opportunities in
                          the Heritage Area;
                              (iii) increasing public awareness of, and
                          appreciation for, natural, historical, cultural,
                          archaeological, and recreational resources of the
                          Heritage Area;
                              (iv) restoring historic sites and buildings in
                          the Heritage Area that are consistent with the
                          themes of the Heritage Area; and
                              (v) carrying out any other activity that the
                          local coordinating entity determines to be
                          consistent with this section;
                        (C) <<NOTE: Public information. Deadline.>>  conduct
                    meetings open to the public at least annually regarding
                    the development and implementation of the management
                    plan;
                        (D) <<NOTE: Deadline. Reports.>>  submit an annual
                    report to the Secretary for each fiscal year for which
                    the local coordinating entity receives Federal funds
                    under this section specifying--
                              (i) the accomplishments of the local
                          coordinating entity;
                              (ii) the expenses and income of the local
                          coordinating entity;
                              (iii) the amounts and sources of matching
                          funds;
                              (iv) the amounts leveraged with Federal funds
                          and sources of the leveraged funds; and
                              (v) grants made to any other entities during
                          the fiscal year;
                        (E) <<NOTE: Records.>>  make available for audit for
                    each fiscal year for which the local coordinating entity
                    receives Federal funds under this section, all
                    information pertaining to the expenditure of the funds
                    and any matching funds;
                        (F) <<NOTE: Records.>>  require in all agreements
                    authorizing expenditures of Federal funds by other
                    organizations, that the receiving organizations make
                    available for audit all records and other information
                    pertaining to the expenditure of the funds; and
                        (G) ensure that each county included in the Heritage
                    Area is appropriately represented on any oversight
                    advisory committee established under this section to
                    coordinate the Heritage Area.
                (2) Authorities.--The local coordinating entity may, subject
            to the prior approval of the Secretary, for the purposes of
            preparing and implementing the management plan, use Federal
            funds made available under this section to--

    [[Page 123 STAT. 1263]]

                        (A) make grants and loans to the State, political
                    subdivisions of the State, nonprofit organizations, and
                    other persons;
                        (B) enter into cooperative agreements with, or
                    provide technical assistance to, the State, political
                    subdivisions of the State, nonprofit organizations, and
                    other organizations;
                        (C) hire and compensate staff;
                        (D) obtain funds or services from any source,
                    including funds and services provided under any other
                    Federal law or program; and
                        (E) contract for goods or services.
                (3) Prohibition on acquisition of real property.--The local
            coordinating entity may not use Federal funds received under
            this section to acquire any interest in real property.

        (d) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date on which funds are made available to develop the
            management plan, the local coordinating entity shall submit to
            the Secretary for approval a proposed management plan for the
            Heritage Area.
                (2) Requirements.--The management plan for the Heritage Area
            shall--
                        (A) provide recommendations for the preservation,
                    conservation, enhancement, funding, management,
                    interpretation, development, and promotion of the
                    cultural, historical, archaeological, natural, and
                    recreational resources of the Heritage Area;
                        (B) specify existing and potential sources of
                    funding or economic development strategies to protect,
                    enhance, interpret, fund, manage, and develop the
                    Heritage Area;
                        (C) include--
                              (i) an inventory of the natural, historical,
                          cultural, archaeological, and recreational
                          resources of the Heritage Area; and
                              (ii) an analysis of how Federal, State,
                          tribal, and local programs may best be coordinated
                          to promote and carry out this section;
                        (D) provide recommendations for educational and
                    interpretive programs to provide information to the
                    public on the resources of the Heritage Area; and
                        (E) involve residents of affected communities and
                    tribal and local governments.
                (3) Termination of funding.--If the management plan is not
            submitted to the Secretary in accordance with this subsection,
            the local coordinating entity shall not qualify for additional
            financial assistance under this section until the management
            plan is submitted to, and approved by, the Secretary.
                (4) Approval of management plan.--
                        (A) <<NOTE: Deadline.>>  Review.--Not later than 180
                    days after the date on which the Secretary receives the
                    management plan, the Secretary shall approve or
                    disapprove the management plan.
                        (B) Consultation required.--The Secretary shall
                    consult with the Governor of the State and any tribal
                    government in which the Heritage Area is located before
                    approving the management plan.

    [[Page 123 STAT. 1264]]

                        (C) Criteria for approval.--In determining whether
                    to approve the management plan, the Secretary shall
                    consider whether--
                              (i) the local coordinating entity represents
                          the diverse interests of the Heritage Area,
                          including governments, natural and historical
                          resource protection organizations, educational
                          institutions, businesses, community residents, and
                          recreational organizations;
                              (ii) the local coordinating entity has
                          afforded adequate opportunity for public and
                          governmental involvement (including through
                          workshops and public meetings) in the preparation
                          of the management plan;
                              (iii) the resource protection and
                          interpretation strategies described in the
                          management plan, if implemented, would adequately
                          protect the natural, historical, cultural,
                          archaeological, and recreational resources of the
                          Heritage Area;
                              (iv) the management plan would not adversely
                          affect any activities authorized on Federal or
                          tribal land under applicable laws or land use
                          plans;
                              (v) the Secretary has received adequate
                          assurances from the appropriate State, tribal, and
                          local officials whose support is needed to ensure
                          the effective implementation of the State, tribal,
                          and local aspects of the management plan; and
                              (vi) the local coordinating entity has
                          demonstrated the financial capability, in
                          partnership with others, to carry out the
                          management plan.
                        (D) Action following disapproval.--
                              (i) In general.--If the Secretary disapproves
                          the management plan, the Secretary--
                                        (I) shall advise the local
                                    coordinating entity in writing of the
                                    reasons for the disapproval; and
                                        (II) may make recommendations to the
                                    local coordinating entity for revisions
                                    to the management plan.
                              (ii) Deadline.--Not later than 180 days after
                          receiving a revised management plan, the Secretary
                          shall approve or disapprove the revised management
                          plan.
                        (E) Review; amendments.--
                              (i) In general.--After approval by the
                          Secretary of the management plan, the Alliance
                          shall periodically--
                                        (I) review the management plan; and
                                        (II) <<NOTE: Recommen- dations.>>
                                    submit to the Secretary, for review and
                                    approval by the Secretary, any
                                    recommendations for revisions to the
                                    management plan.
                              (ii) In general.--An amendment to the
                          management plan that substantially alters the
                          purposes of the Heritage Area shall be reviewed by
                          the Secretary and approved or disapproved in the
                          same manner as the original management plan.
                              (iii) Implementation.--The local coordinating
                          entity shall not use Federal funds authorized to
                          be

    [[Page 123 STAT. 1265]]

                          appropriated by this section to implement an
                          amendment to the management plan until the
                          Secretary approves the amendment.

        (e) Duties and Authorities of the Secretary.--
                (1) Technical and financial assistance.--
                        (A) In general.--On the request of the local
                    coordinating entity, the Secretary may provide technical
                    and financial assistance, on a reimbursable or
                    nonreimbursable basis (as determined by the Secretary),
                    to the local coordinating entity to develop and
                    implement the management plan.
                        (B) Cooperative agreements.--The Secretary may enter
                    into cooperative agreements with the local coordinating
                    entity and other public or private entities to provide
                    technical or financial assistance under subparagraph
                    (A).
                        (C) Priority.--In assisting the Heritage Area, the
                    Secretary shall give priority to actions that assist
                    in--
                              (i) conserving the significant natural,
                          historical, cultural, archaeological, and
                          recreational resources of the Heritage Area; and
                              (ii) providing educational, interpretive, and
                          recreational opportunities consistent with the
                          purposes of the Heritage Area.
                (2) Evaluation; report.--
                        (A) In general.--Not later than 3 years before the
                    date on which authority for Federal funding terminates
                    for the Heritage Area under subsection (i), the
                    Secretary shall--
                              (i) conduct an evaluation of the
                          accomplishments of the Heritage Area; and
                              (ii) prepare a report with recommendations for
                          the future role of the National Park Service, if
                          any, with respect to the Heritage Area, in
                          accordance with subparagraph (C).
                        (B) Evaluation.--An evaluation conducted under
                    subparagraph (A)(i) shall--
                              (i) assess the progress of the local
                          coordinating entity with respect to--
                                        (I) accomplishing the purposes of
                                    this section for the Heritage Area; and
                                        (II) achieving the goals and
                                    objectives of the approved management
                                    plan for the Heritage Area;
                              (ii) analyze the Federal, State, local, and
                          private investments in the Heritage Area to
                          determine the leverage and impact of the
                          investments; and
                              (iii) review the management structure,
                          partnership relationships, and funding of the
                          Heritage Area for purposes of identifying the
                          critical components for sustainability of the
                          Heritage Area.
                        (C) Report.--
                              (i) In general.--Based on the evaluation
                          conducted under subparagraph (A)(i), the Secretary
                          shall prepare a report that includes
                          recommendations for the future role of the
                          National Park Service, if any, with respect to the
                          Heritage Area.
                              (ii) Required analysis.--If the report
                          prepared under this subparagraph recommends that
                          Federal

    [[Page 123 STAT. 1266]]

                          funding for the Heritage Area be reauthorized, the
                          report shall include an analysis of--
                                        (I) ways in which Federal funding
                                    for the Heritage Area may be reduced or
                                    eliminated; and
                                        (II) the appropriate time period
                                    necessary to achieve the recommended
                                    reduction or elimination.
                              (iii) Submission to congress.--On completion
                          of a report under this subparagraph, the Secretary
                          shall submit the report to--
                                        (I) the Committee on Energy and
                                    Natural Resources of the Senate; and
                                        (II) the Committee on Natural
                                    Resources of the House of
                                    Representatives.

        (f) Relationship to Other Federal Agencies.--
                (1) In general.--Nothing in this section affects the
            authority of a Federal agency to provide technical or financial
            assistance under any other law.
                (2) Consultation and coordination.--To the maximum extent
            practicable, the head of any Federal agency planning to conduct
            activities that may have an impact on the Heritage Area is
            encouraged to consult and coordinate the activities with the
            Secretary and the local coordinating entity.
                (3) Other federal agencies.--Nothing in this section--
                        (A) modifies, alters, or amends any laws (including
                    regulations) authorizing a Federal agency to manage
                    Federal land under the jurisdiction of the Federal
                    agency;
                        (B) limits the discretion of a Federal land manager
                    to implement an approved land use plan within the
                    boundaries of the Heritage Area; or
                        (C) modifies, alters, or amends any authorized use
                    of Federal land under the jurisdiction of a Federal
                    agency.

        (g) Effect.--
                (1) Property owners and regulatory protections.--Nothing in
            this section--
                        (A) abridges the rights of any owner of public or
                    private property, including the right to refrain from
                    participating in any plan, project, program, or activity
                    conducted within the Heritage Area;
                        (B) requires any property owner to--
                              (i) permit public access (including Federal,
                          tribal, State, or local government access) to the
                          property; or
                              (ii) modify any provisions of Federal, tribal,
                          State, or local law with regard to public access
                          or use of private land;
                        (C) alters any duly adopted land use regulations,
                    approved land use plan, or any other regulatory
                    authority of any Federal, State, or local agency, or
                    tribal government;
                        (D) conveys any land use or other regulatory
                    authority to the local coordinating entity;
                        (E) authorizes or implies the reservation or
                    appropriation of water or water rights;
                        (F) diminishes the authority of the State to manage
                    fish and wildlife, including the regulation of fishing
                    and hunting within the Heritage Area; or
                        (G) creates any liability, or affects any liability
                    under any other law, of any private property owner with
                    respect to any person injured on the private property.

    [[Page 123 STAT. 1267]]

                (2) No effect on indian tribes.--Nothing in this section--
                        (A) restricts an Indian tribe from protecting
                    cultural or religious sites on tribal land; or
                        (B) diminishes the trust responsibilities or
                    government-to-government obligations of the United
                    States to any Indian tribe recognized by the Federal
                    Government.

        (h) Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            carry out this section $10,000,000, of which not more than
            $1,000,000 may be made available for any fiscal year.
                (2) Availability.--Amounts made available under paragraph
            (1) shall remain available until expended.
                (3) Cost-sharing requirement.--
                        (A) In general.--The Federal share of the total cost
                    of any activity under this section shall be not more
                    than 50 percent.
                        (B) Form.--The non-Federal contribution--
                              (i) shall be from non-Federal sources; and
                              (ii) may be in the form of in-kind
                          contributions of goods or services fairly valued.

        (i) Termination of Financial Assistance.--The authority of the
    Secretary to provide financial assistance under this section terminates
    on the date that is 15 years after the date of enactment of this Act.
    SEC. 8008. <<NOTE: 16 USC 461 note.>>  MISSISSIPPI DELTA NATIONAL
                              HERITAGE AREA.

        (a) Definitions.--In this section:
                (1) Board.--The term ``Board'' means the Board of Directors
            of the local coordinating entity.
                (2) Heritage area.--The term ``Heritage Area'' means the
            Mississippi Delta National Heritage Area established by
            subsection (b)(1).
                (3) Local coordinating entity.--The term ``local
            coordinating entity'' means the local coordinating entity for
            the Heritage Area designated by subsection (b)(4)(A).
                (4) Management plan.--The term ``management plan'' means the
            management plan for the Heritage Area developed under subsection
            (d).
                (5) Map.--The term ``map'' means the map entitled
            ``Mississippi Delta National Heritage Area'', numbered T13/
            80,000, and dated April 2008.
                (6) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (7) State.--The term ``State'' means the State of
            Mississippi.

        (b) Establishment.--
                (1) Establishment.--There is established in the State the
            Mississippi Delta National Heritage Area.
                (2) Boundaries.--The Heritage Area shall include all
            counties in the State that contain land located in the alluvial
            floodplain of the Mississippi Delta, including Bolivar, Carroll,
            Coahoma, Desoto, Holmes, Humphreys, Issaquena, Leflore, Panola,
            Quitman, Sharkey, Sunflower, Tallahatchie, Tate, Tunica, Warren,
            Washington, and Yazoo Counties in the State, as depicted on the
            map.

    [[Page 123 STAT. 1268]]

                (3) Availability of map.--The map shall be on file and
            available for public inspection in the office of the Director of
            the National Park Service.
                (4) Local coordinating entity.--
                        (A) Designation.--The Mississippi Delta National
                    Heritage Area Partnership shall be the local
                    coordinating entity for the Heritage Area.
                        (B) Board of directors.--
                              (i) Composition.--
                                        (I) In general.--The local
                                    coordinating entity shall be governed by
                                    a Board of Directors composed of 15
                                    members, of whom--
                                                (aa) 1 member shall be
                                            appointed by Delta State
                                            University;
                                                (bb) 1 member shall be
                                            appointed by Mississippi Valley
                                            State University;
                                                (cc) 1 member shall be
                                            appointed by Alcorn State
                                            University;
                                                (dd) 1 member shall be
                                            appointed by the Delta
                                            Foundation;
                                                (ee) 1 member shall be
                                            appointed by the Smith Robertson
                                            Museum;
                                                (ff) 1 member shall be
                                            appointed from the office of the
                                            Governor of the State;
                                                (gg) 1 member shall be
                                            appointed by Delta Council;
                                                (hh) 1 member shall be
                                            appointed from the Mississippi
                                            Arts Commission;
                                                (ii) 1 member shall be
                                            appointed from the Mississippi
                                            Department of Archives and
                                            History;
                                                (jj) 1 member shall be
                                            appointed from the Mississippi
                                            Humanities Council; and
                                                (kk) up to 5 additional
                                            members shall be appointed for
                                            staggered 1- and 2-year terms by
                                            County boards in the Heritage
                                            Area.
                                        (II) Residency requirements.--At
                                    least 7 members of the Board shall
                                    reside in the Heritage Area.
                              (ii) Officers.--
                                        (I) In general.--At the initial
                                    meeting of the Board, the members of the
                                    Board shall appoint a Chairperson, Vice
                                    Chairperson, and Secretary/Treasurer.
                                        (II) Duties.--
                                                (aa) Chairperson.--The
                                            duties of the Chairperson shall
                                            include--

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

    [[Page 123 STAT. 1269]]

                              (iii) Management authority.--
                                        (I) In general.--The Board shall--
                                                (aa) exercise all corporate
                                            powers of the local coordinating
                                            entity;
                                                (bb) manage the activities
                                            and affairs of the local
                                            coordinating entity; and
                                                (cc) <<NOTE: Policies.>>
                                            subject to any limitations in
                                            the articles and bylaws of the
                                            local coordinating entity, this
                                            section, and any other
                                            applicable Federal or State law,
                                            establish the policies of the
                                            local coordinating entity.
                                        (II) Staff.--The Board shall have
                                    the authority to employ any services and
                                    staff that are determined to be
                                    necessary by a majority vote of the
                                    Board.
                              (iv) Bylaws.--
                                        (I) In general.--The Board may amend
                                    or repeal the bylaws of the local
                                    coordinating entity at any meeting of
                                    the Board by a majority vote of the
                                    Board.
                                        (II) Notice.--The Board shall
                                    provide notice of any meeting of the
                                    Board at which an amendment to the
                                    bylaws is to be considered that includes
                                    the text or a summary of the proposed
                                    amendment.
                              (v) <<NOTE: Deadline.>>  Minutes.--Not later
                          than 60 days after a meeting of the Board, the
                          Board shall distribute the minutes of the meeting
                          among all Board members and the county supervisors
                          in each county within the Heritage Area.

        (c) Duties and Authorities of Local Coordinating Entity.--
                (1) Duties of the local coordinating entity.--To further the
            purposes of the Heritage Area, the local coordinating entity
            shall--
                        (A) <<NOTE: Management plan.>>  prepare, and submit
                    to the Secretary, in accordance with subsection (d), a
                    management plan for the Heritage Area;
                        (B) assist units of local government, regional
                    planning organizations, and nonprofit organizations in
                    implementing the approved management plan by--
                              (i) carrying out programs and projects that
                          recognize, protect, and enhance important resource
                          values within the Heritage Area;
                              (ii) establishing and maintaining interpretive
                          exhibits and programs within the Heritage Area;
                              (iii) developing recreational and educational
                          opportunities in the Heritage Area;
                              (iv) increasing public awareness of, and
                          appreciation for, natural, historic, scenic, and
                          cultural resources of the Heritage Area;
                              (v) protecting and restoring historic sites
                          and buildings in the Heritage Area that are
                          consistent with the themes of the Heritage Area;
                              (vi) ensuring that signs identifying points of
                          public access and sites of interest are posted
                          throughout the Heritage Area; and

    [[Page 123 STAT. 1270]]

                              (vii) promoting a wide range of partnerships
                          among governments, organizations, and individuals
                          to further the purposes of the Heritage Area;
                        (C) consider the interests of diverse units of
                    government, businesses, organizations, and individuals
                    in the Heritage Area in the preparation and
                    implementation of the management plan;
                        (D) <<NOTE: Public information. Deadlines.>>
                    conduct meetings open to the public at least
                    semiannually regarding the development and
                    implementation of the management plan;
                        (E) <<NOTE: Deadline. Reports.>>  submit an annual
                    report to the Secretary for each fiscal year for which
                    the local coordinating entity receives Federal funds
                    under this section specifying--
                              (i) the accomplishments of the local
                          coordinating entity;
                              (ii) the expenses and income of the local
                          coordinating entity;
                              (iii) the amounts and sources of matching
                          funds;
                              (iv) the amounts leveraged with Federal funds
                          and sources of the leveraged funds; and
                              (v) grants made to any other entities during
                          the fiscal year;
                        (F) <<NOTE: Records.>>  make available for audit for
                    each fiscal year for which the local coordinating entity
                    receives Federal funds under this section, all
                    information pertaining to the expenditure of the funds
                    and any matching funds;
                        (G) <<NOTE: Records.>>  require in all agreements
                    authorizing expenditures of Federal funds by other
                    organizations, that the receiving organizations make
                    available for audit all records and other information
                    pertaining to the expenditure of the funds; and
                        (H) encourage, by appropriate means, economic
                    development that is consistent with the purposes of the
                    Heritage Area.
                (2) Authorities.--The local coordinating entity may, subject
            to the prior approval of the Secretary, for the purposes of
            preparing and implementing the management plan, use Federal
            funds made available under this section to--
                        (A) make grants to the State, political subdivisions
                    of the State, nonprofit organizations, and other
                    persons;
                        (B) enter into cooperative agreements with, or
                    provide technical assistance to, the State, political
                    subdivisions of the State, nonprofit organizations,
                    Federal agencies, and other interested parties;
                        (C) hire and compensate staff;
                        (D) obtain funds or services from any source,
                    including funds and services provided under any other
                    Federal law or program;
                        (E) contract for goods or services; and
                        (F) support activities of partners and any other
                    activities that further the purposes of the Heritage
                    Area and are consistent with the approved management
                    plan.
                (3) Prohibition on acquisition of real property.--The local
            coordinating entity may not use Federal funds received under
            this section to acquire any interest in real property.

        (d) Management Plan.--

    [[Page 123 STAT. 1271]]

                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date on which funds are made available to develop the
            management plan, the local coordinating entity shall submit to
            the Secretary for approval a proposed management plan for the
            Heritage Area.
                (2) Requirements.--The management plan for the Heritage Area
            shall--
                        (A) describe comprehensive policies, goals,
                    strategies, and recommendations for telling the story of
                    the heritage of the region and encouraging long-term
                    resource protection, enhancement, interpretation,
                    funding, management, and development of the Heritage
                    Area;
                        (B) take into consideration existing State, county,
                    and local plans in the development and implementation of
                    the management plan;
                        (C) include a description of actions and commitments
                    that governments, private organizations, and citizens
                    plan to take to protect, enhance, and interpret the
                    cultural, historical, archaeological, natural, and
                    recreational resources of the Heritage Area;
                        (D) specify existing and potential sources of
                    funding or economic development strategies to protect,
                    enhance, interpret, fund, manage, and develop the
                    Heritage Area;
                        (E) include an inventory of the cultural,
                    historical, archaeological, natural, and recreational
                    resources of the Heritage Area relating to the stories
                    and themes of the region that should be protected,
                    enhanced, managed, or developed;
                        (F) recommend policies and strategies for resource
                    management including, the development of
                    intergovernmental and interagency agreements to protect
                    the natural, historic, cultural, educational, scenic,
                    and recreational resources of the Heritage Area;
                        (G) describe a program for implementation of the
                    management plan, including--
                              (i) performance goals;
                              (ii) plans for resource protection,
                          enhancement, and interpretation; and
                              (iii) specific commitments for implementation
                          that have been made by the local coordinating
                          entity or any government, organization, business,
                          or individual;
                        (H) include an analysis of, and recommendations for,
                    ways in which Federal, State, tribal, and local programs
                    may best be coordinated (including the role of the
                    National Park Service and other Federal agencies
                    associated with the Heritage Area) to further the
                    purposes of this section;
                        (I) include an interpretive plan for the Heritage
                    Area; and
                        (J) include a business plan that--
                              (i) describes the role, operation, financing,
                          and functions of the local coordinating entity and
                          of each of the major activities described in the
                          management plan; and
                              (ii) provides adequate assurances that the
                          local coordinating entity has the partnerships and
                          financial and other resources necessary to
                          implement the management plan for the Heritage
                          Area.

    [[Page 123 STAT. 1272]]

                (3) Termination of funding.--If the management plan is not
            submitted to the Secretary in accordance with this subsection,
            the local coordinating entity shall not qualify for additional
            financial assistance under this section until the management
            plan is submitted to, and approved by, the Secretary.
                (4) Approval of management plan.--
                        (A) <<NOTE: Deadline.>>  Review.--Not later than 180
                    days after the date on which the Secretary receives the
                    management plan, the Secretary shall approve or
                    disapprove the management plan.
                        (B) Consultation required.--The Secretary shall
                    consult with the Governor of the State and any tribal
                    government in which the Heritage Area is located before
                    approving the management plan.
                        (C) Criteria for approval.--In determining whether
                    to approve the management plan, the Secretary shall
                    consider whether--
                              (i) the local coordinating entity represents
                          the diverse interests of the Heritage Area,
                          including governments, natural and historic
                          resource protection organizations, educational
                          institutions, businesses, community residents, and
                          recreational organizations;
                              (ii) the local coordinating entity has
                          afforded adequate opportunity for public and
                          governmental involvement (including through
                          workshops and public meetings) in the preparation
                          of the management plan;
                              (iii) the resource protection and
                          interpretation strategies described in the
                          management plan, if implemented, would adequately
                          protect the cultural, historical, archaeological,
                          natural, and recreational resources of the
                          Heritage Area;
                              (iv) the management plan would not adversely
                          affect any activities authorized on Federal or
                          tribal land under applicable laws or land use
                          plans;
                              (v) the Secretary has received adequate
                          assurances from the appropriate State, tribal, and
                          local officials whose support is needed to ensure
                          the effective implementation of the State, tribal,
                          and local aspects of the management plan; and
                              (vi) the local coordinating entity has
                          demonstrated the financial capability, in
                          partnership with others, to carry out the
                          management plan.
                        (D) Action following disapproval.--
                              (i) In general.--If the Secretary disapproves
                          the management plan, the Secretary--
                                        (I) shall advise the local
                                    coordinating entity in writing of the
                                    reasons for the disapproval; and
                                        (II) may make recommendations to the
                                    local coordinating entity for revisions
                                    to the management plan.
                              (ii) Deadline.--Not later than 180 days after
                          receiving a revised management plan, the Secretary
                          shall approve or disapprove the revised management
                          plan.
                        (E) Amendments.--
                              (i) In general.--An amendment to the
                          management plan that substantially alters the
                          purposes of

    [[Page 123 STAT. 1273]]

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

        (e) Duties and Authorities of the Secretary.--
                (1) Technical and financial assistance.--
                        (A) In general.--On the request of the local
                    coordinating entity, the Secretary may provide technical
                    and financial assistance, on a reimbursable or
                    nonreimbursable basis (as determined by the Secretary),
                    to the local coordinating entity to develop and
                    implement the management plan.
                        (B) Cooperative agreements.--The Secretary may enter
                    into cooperative agreements with the local coordinating
                    entity and other public or private entities to provide
                    technical or financial assistance under subparagraph
                    (A).
                        (C) Priority.--In assisting the Heritage Area, the
                    Secretary shall give priority to actions that assist
                    in--
                              (i) conserving the significant cultural,
                          historical, archaeological, natural, and
                          recreational resources of the Heritage Area; and
                              (ii) providing educational, interpretive, and
                          recreational opportunities consistent with the
                          purposes of the Heritage Area.
                        (D) Prohibition of certain requirements.--The
                    Secretary may not, as a condition of the provision of
                    technical or financial assistance under this subsection,
                    require any recipient of the assistance to impose or
                    modify any land use restriction or zoning ordinance.
                (2) Evaluation; report.--
                        (A) In general.--Not later than 3 years before the
                    date on which authority for Federal funding terminates
                    for the Heritage Area under subsection (i), the
                    Secretary shall--
                              (i) conduct an evaluation of the
                          accomplishments of the Heritage Area; and
                              (ii) prepare a report with recommendations for
                          the future role of the National Park Service, if
                          any, with respect to the Heritage Area, in
                          accordance with subparagraph (C).
                        (B) Evaluation.--An evaluation conducted under
                    subparagraph (A)(i) shall--
                              (i) assess the progress of the local
                          coordinating entity with respect to--
                                        (I) accomplishing the purposes of
                                    this section for the Heritage Area; and
                                        (II) achieving the goals and
                                    objectives of the approved management
                                    plan for the Heritage Area;
                              (ii) analyze the Federal, State, local, and
                          private investments in the Heritage Area to
                          determine the leverage and impact of the
                          investments; and
                              (iii) review the management structure,
                          partnership relationships, and funding of the
                          Heritage Area for

    [[Page 123 STAT. 1274]]

                          purposes of identifying the critical components
                          for sustainability of the Heritage Area.
                        (C) Report.--
                              (i) In general.--Based on the evaluation
                          conducted under subparagraph (A)(i), the Secretary
                          shall prepare a report that includes
                          recommendations for the future role of the
                          National Park Service, if any, with respect to the
                          Heritage Area.
                              (ii) Required analysis.--If the report
                          prepared under this subparagraph recommends that
                          Federal funding for the Heritage Area be
                          reauthorized, the report shall include an analysis
                          of--
                                        (I) ways in which Federal funding
                                    for the Heritage Area may be reduced or
                                    eliminated; and
                                        (II) the appropriate time period
                                    necessary to achieve the recommended
                                    reduction or elimination.
                              (iii) Submission to congress.--On completion
                          of a report under this subparagraph, the Secretary
                          shall submit the report to--
                                        (I) the Committee on Energy and
                                    Natural Resources of the Senate; and
                                        (II) the Committee on Natural
                                    Resources of the House of
                                    Representatives.

        (f) Relationship to Other Federal Agencies.--
                (1) In general.--Nothing in this section affects the
            authority of a Federal agency to provide technical or financial
            assistance under any other law.
                (2) Consultation and coordination.--To the maximum extent
            practicable, the head of any Federal agency planning to conduct
            activities that may have an impact on the Heritage Area is
            encouraged to consult and coordinate the activities with the
            Secretary and the local coordinating entity.
                (3) Other federal agencies.--Nothing in this section--
                        (A) modifies, alters, or amends any laws (including
                    regulations) authorizing a Federal agency to manage
                    Federal land under the jurisdiction of the Federal
                    agency;
                        (B) limits the discretion of a Federal land manager
                    to implement an approved land use plan within the
                    boundaries of the Heritage Area; or
                        (C) modifies, alters, or amends any authorized use
                    of Federal land under the jurisdiction of a Federal
                    agency.

        (g) Property Owners and Regulatory Protections.--Nothing in this
    section--
                (1) abridges the rights of any owner of public or private
            property, including the right to refrain from participating in
            any plan, project, program, or activity conducted within the
            Heritage Area;
                (2) requires any property owner to--
                        (A) permit public access (including Federal, tribal,
                    State, or local government access) to the property; or
                        (B) modify any provisions of Federal, tribal, State,
                    or local law with regard to public access or use of
                    private land;
                (3) alters any duly adopted land use regulations, approved
            land use plan, or any other regulatory authority of any Federal,
            State, or local agency, or tribal government;

    [[Page 123 STAT. 1275]]

                (4) conveys any land use or other regulatory authority to
            the local coordinating entity;
                (5) authorizes or implies the reservation or appropriation
            of water or water rights;
                (6) diminishes the authority of the State to manage fish and
            wildlife, including the regulation of fishing and hunting within
            the Heritage Area;
                (7) creates any liability, or affects any liability under
            any other law, of any private property owner with respect to any
            person injured on the private property;
                (8) restricts an Indian tribe from protecting cultural or
            religious sites on tribal land; or
                (9) diminishes the trust responsibilities of government-to-
            government obligations of the United States of any federally
            recognized Indian tribe.

        (h) Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            carry out this section $10,000,000, of which not more than
            $1,000,000 may be made available for any fiscal year.
                (2) Cost-sharing requirement.--
                        (A) In general.--The Federal share of the total cost
                    of any activity under this section shall be not more
                    than 50 percent.
                        (B) Form.--The non-Federal contribution--
                              (i) shall be from non-Federal sources; and
                              (ii) may be in the form of in-kind
                          contributions of goods or services fairly valued.

        (i) Termination of Financial Assistance.--The authority of the
    Secretary to provide financial assistance under this section terminates
    on the date that is 15 years after the date of enactment of this Act.
    SEC. 8009. <<NOTE: 16 USC 461 note.>>  MUSCLE SHOALS NATIONAL
                              HERITAGE AREA, ALABAMA.

        (a) Purposes.--The purposes of this section are--
                (1) to preserve, support, conserve, and interpret the legacy
            of the region represented by the Heritage Area as described in
            the feasibility study prepared by the National Park Service;
                (2) to promote heritage, cultural, and recreational tourism,
            and to develop educational and cultural programs for visitors
            and the general public;
                (3) to recognize and interpret important events and
            geographic locations representing key developments in the growth
            of the United States, including the Native American, Colonial
            American, European American, and African American heritage;
                (4) to recognize and interpret the manner by which the
            distinctive geography of the region has shaped the development
            of the settlement, defense, transportation, commerce, and
            culture of the region;
                (5) to provide a cooperative management framework to foster
            a close working relationship with all levels of government, the
            private sector, and the local communities in the region to
            identify, preserve, interpret, and develop the historical,
            cultural, scenic, and natural resources of the region for the
            educational and inspirational benefit of current and future
            generations; and

    [[Page 123 STAT. 1276]]

                (6) to provide appropriate linkages between units of the
            National Park System and communities, governments, and
            organizations within the Heritage Area.

        (b) Definitions.--In this section:
                (1) Heritage area.--The term ``Heritage Area'' means the
            Muscle Shoals National Heritage Area established by subsection
            (c)(1).
                (2) Local coordinating entity.--The term ``local
            coordinating entity'' means the Muscle Shoals Regional Center,
            the local coordinating entity for the Heritage Area designated
            by subsection (c)(4).
                (3) Management plan.--The term ``management plan'' means the
            plan for the Heritage Area required under subsection (d)(1)(A).
                (4) Map.--The term ``map'' means the map entitled ``Muscle
            Shoals National Heritage Area'', numbered T08/80,000, and dated
            October 2007.
                (5) State.--The term ``State'' means the State of Alabama.

        (c) Establishment.--
                (1) In general.--There is established the Muscle Shoals
            National Heritage Area in the State.
                (2) Boundaries.--The Heritage Area shall be comprised of the
            following areas, as depicted on the map:
                        (A) The Counties of Colbert, Franklin, Lauderdale,
                    Lawrence, Limestone, and Morgan, Alabama.
                        (B) The Wilson Dam.
                        (C) The Handy Home.
                        (D) The birthplace of Helen Keller.
                (3) Availability map.--The map shall be on file and
            available for public inspection in the appropriate offices of
            the National Park Service and the local coordinating entity.
                (4) <<NOTE: Designation.>>  Local coordinating entity.--The
            Muscle Shoals Regional Center shall be the local coordinating
            entity for the Heritage Area.

        (d) Duties and Authorities of Local Coordinating Entity.--
                (1) Duties of the local coordinating entity.--To further the
            purposes of the Heritage Area, the local coordinating entity
            shall--
                        (A) <<NOTE: Management plan.>>  prepare, and submit
                    to the Secretary, in accordance with subsection (e), a
                    management plan for the Heritage Area;
                        (B) <<NOTE: Deadline. Reports.>>  submit an annual
                    report to the Secretary for each fiscal year for which
                    the local coordinating entity receives Federal funds
                    under this section specifying--
                              (i) the accomplishments of the local
                          coordinating entity;
                              (ii) the expenses and income of the local
                          coordinating entity;
                              (iii) the amounts and sources of matching
                          funds;
                              (iv) the amounts leveraged with Federal funds
                          and sources of the leveraged funds; and
                              (v) grants made to any other entities during
                          the fiscal year;
                        (C) <<NOTE: Records.>>  make available for audit for
                    each fiscal year for which the local coordinating entity
                    receives Federal funds

    [[Page 123 STAT. 1277]]

                    under this section, all information pertaining to the
                    expenditure of the funds and any matching funds;
                        (D) encourage, by appropriate means, economic
                    development that is consistent with the purposes of the
                    Heritage Area; and
                        (E) serve as a catalyst for the implementation of
                    projects and programs among diverse partners in the
                    Heritage Area.
                (2) Authorities.--The local coordinating entity may, subject
            to the prior approval of the Secretary, for the purposes of
            preparing and implementing the management plan, use Federal
            funds made available under this section to--
                        (A) make grants to the State, political subdivisions
                    of the State, nonprofit organizations, and other
                    persons;
                        (B) enter into cooperative agreements with, or
                    provide technical assistance to, the State, political
                    subdivisions of the State, nonprofit organizations,
                    Federal agencies, and other interested parties;
                        (C) hire and compensate staff, including individuals
                    with expertise in--
                              (i) natural, historical, cultural,
                          educational, scenic, and recreational resource
                          conservation;
                              (ii) economic and community development; and
                              (iii) heritage planning;
                        (D) obtain funds or services from any source,
                    including funds and services provided under any other
                    Federal law or program;
                        (E) contract for goods or services; and
                        (F) support activities of partners and any other
                    activities that further the purposes of the Heritage
                    Area and are consistent with the approved management
                    plan.
                (3) Prohibition on acquisition of real property.--The local
            coordinating entity may not use Federal funds received under
            this section to acquire any interest in real property.

        (e) Management Plan.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 3 years
            after the date on which funds are made available to develop the
            management plan, the local coordinating entity shall submit to
            the Secretary for approval a proposed management plan for the
            Heritage Area.
                (2) Requirements.--The management plan for the Heritage Area
            shall--
                        (A) describe comprehensive policies, goals,
                    strategies, and recommendations for telling the story of
                    the heritage of the area covered by the Heritage Area
                    and encouraging long-term resource protection,
                    enhancement, interpretation, funding, management, and
                    development of the Heritage Area;
                        (B) include a description of actions and commitments
                    that Federal, State, tribal, and local governments,
                    private organizations, and citizens plan to take to
                    protect, enhance, interpret, fund, manage, and develop
                    the natural, historic, cultural, educational, scenic,
                    and recreational resources of the Heritage Area;
                        (C) specify existing and potential sources of
                    funding or economic development strategies to protect,
                    enhance, interpret, fund, manage, and develop the
                    Heritage Area;

    [[Page 123 STAT. 1278]]

                        (D) include an inventory of the natural, historic,
                    cultural, educational, scenic, and recreational
                    resources of the Heritage Area relating to the stories
                    and themes of the Heritage Area that should be
                    protected, enhanced, interpreted, managed, funded, or
                    developed;
                        (E) recommend policies and strategies for resource
                    management, including the development of
                    intergovernmental and interagency agreements to protect,
                    enhance, interpret, fund, manage, and develop the
                    natural, historic, cultural, educational, scenic, and
                    recreational resources of the Heritage Area;
                        (F) describe a program for implementation of the
                    management plan, including--
                              (i) performance goals;
                              (ii) plans for resource protection,
                          enhancement, interpretation, funding, management,
                          and development; and
                              (iii) specific commitments for implementation
                          that have been made by the local coordinating
                          entity or any Federal, State, tribal, or local
                          government agency, organization, business, or
                          individual;
                        (G) include an analysis of, and recommendations for,
                    ways in which Federal, State, tribal, and local programs
                    may best be coordinated (including the role of the
                    National Park Service and other Federal agencies
                    associated with the Heritage Area) to further the
                    purposes of this section; and
                        (H) include a business plan that--
                              (i) describes the role, operation, financing,
                          and functions of the local coordinating entity and
                          of each of the major activities described in the
                          management plan; and
                              (ii) provides adequate assurances that the
                          local coordinating entity has the partnerships and
                          financial and other resources necessary to
                          implement the management plan for the Heritage
                          Area.
                (3) <<NOTE: Deadline.>>  Termination of funding.--If the
            management plan is not submitted to the Secretary by the date
            that is 3 years after the date on which funds are first made
            available to develop the management plan, the local coordinating
            entity shall not qualify for additional financial assistance
            under this section until the management plan is submitted to,
            and approved by, the Secretary.
                (4) Approval of management plan.--
                        (A) <<NOTE: Deadline.>>  Review.--Not later than 180
                    days after the date on which the Secretary receives the
                    management plan, the Secretary shall approve or
                    disapprove the management plan.
                        (B) Consultation required.--The Secretary shall
                    consult with the Governor of the State in which the
                    Heritage Area is located before approving the management
                    plan.
                        (C) Criteria for approval.--In determining whether
                    to approve the management plan, the Secretary shall
                    consider whether--
                              (i) the local coordinating entity represents
                          the diverse interests of the Heritage Area,
                          including Federal, State, tribal, and local
                          governments, natural and

    [[Page 123 STAT. 1279]]

                          historic resource protection organizations,
                          educational institutions, businesses, community
                          residents, recreational organizations, and private
                          property owners;
                              (ii) the local coordinating entity--
                                        (I) has afforded adequate
                                    opportunity for public and Federal,
                                    State, tribal, and local governmental
                                    involvement (including through workshops
                                    and public meetings) in the preparation
                                    of the management plan; and
                                        (II) provides for at least
                                    semiannual public meetings to ensure
                                    adequate implementation of the
                                    management plan;
                              (iii) the resource protection, enhancement,
                          interpretation, funding, management, and
                          development strategies described in the management
                          plan, if implemented, would adequately protect,
                          enhance, interpret, fund, manage, and develop the
                          natural, historic, cultural, scenic, and
                          recreational resources of the Heritage Area;
                              (iv) the management plan would not adversely
                          affect any activities authorized on Federal land
                          under applicable laws or land use plans;
                              (v) the Secretary has received adequate
                          assurances from the appropriate State, tribal, and
                          local officials whose support is needed to ensure
                          the effective implementation of the State, tribal,
                          and local aspects of the management plan;
                              (vi) the local coordinating entity has
                          demonstrated the financial capability, in
                          partnership with others, to carry out the
                          management plan; and
                              (vii) the management plan demonstrates
                          partnerships among the local coordinating entity,
                          Federal, State, tribal, and local governments,
                          regional planning organizations, nonprofit
                          organizations, and private sector parties for
                          implementation of the management plan.
                        (D) Disapproval.--
                              (i) In general.--If the Secretary disapproves
                          the management plan, the Secretary--
                                        (I) shall advise the local
                                    coordinating entity in writing of the
                                    reasons for the disapproval; and
                                        (II) may make recommendations to the
                                    local coordinating entity for revisions
                                    to the management plan.
                              (ii) Deadline.--Not later than 180 days after
                          receiving a revised management plan, the Secretary
                          shall approve or disapprove the revised management
                          plan.
                        (E) Amendments.--
                              (i) <<NOTE: Review.>>  In general.--An
                          amendment to the management plan that
                          substantially alters the purposes of the Heritage
                          Area shall be reviewed by the Secretary and
                          approved or disapproved in the same manner as the
                          original management plan.
                              (ii) Implementation.--The local coordinating
                          entity shall not use Federal funds authorized by
                          this

    [[Page 123 STAT. 1280]]

                          section to implement an amendment to the
                          management plan until the Secretary approves the
                          amendment.
                        (F) Authorities.--The Secretary may--
                              (i) provide technical assistance under the
                          authority of this section for the development and
                          implementation of the management plan; and
                              (ii) enter into cooperative agreements with
                          interested parties to carry out this section.

        (f) Duties and Authorities of the Secretary.--
                (1) Technical and financial assistance.--
                        (A) In general.--On the request of the local
                    coordinating entity, the Secretary may provide technical
                    and financial assistance, on a reimbursable or
                    nonreimbursable basis (as determined by the Secretary),
                    to the local coordinating entity to develop and
                    implement the management plan.
                        (B) Cooperative agreements.--The Secretary may enter
                    into cooperative agreements with the local coordinating
                    entity and other public or private entities to provide
                    technical or financial assistance under subparagraph
                    (A).
                (2) Evaluation; report.--
                        (A) In general.--Not later than 3 years before the
                    date on which authority for Federal funding terminates
                    for the Heritage Area under subsection (j), the
                    Secretary shall--
                              (i) conduct an evaluation of the
                          accomplishments of the Heritage Area; and
                              (ii) prepare a report with recommendations for
                          the future role of the National Park Service, if
                          any, with respect to the Heritage Area, in
                          accordance with subparagraph (C).
                        (B) Evaluation.--An evaluation conducted under
                    subparagraph (A)(i) shall--
                              (i) assess the progress of the local
                          coordinating entity with respect to--
                                        (I) accomplishing the purposes of
                                    this section for the Heritage Area; and
                                        (II) achieving the goals and
                                    objectives of the approved management
                                    plan for the Heritage Area;
                              (ii) analyze the Federal, State, tribal,
                          local, and private investments in the Heritage
                          Area to determine the leverage and impact of the
                          investments; and
                              (iii) review the management structure,
                          partnership relationships, and funding of the
                          Heritage Area for purposes of identifying the
                          critical components for sustainability of the
                          Heritage Area.
                        (C) Report.--
                              (i) In general.--Based on the evaluation
                          conducted under subparagraph (A)(i), the Secretary
                          shall prepare a report that includes
                          recommendations for the future role of the
                          National Park Service, if any, with respect to the
                          Heritage Area.
                              (ii) Required analysis.--If the report
                          prepared under this subparagraph recommends that
                          Federal funding for the Heritage Area be
                          reauthorized, the report shall include an analysis
                          of--

    [[Page 123 STAT. 1281]]

                                        (I) ways in which Federal funding
                                    for the Heritage Area may be reduced or
                                    eliminated; and
                                        (II) the appropriate time period
                                    necessary to achieve the recommended
                                    reduction or elimination.
                              (iii) Submission to congress.--On completion
                          of a report under this subparagraph, the Secretary
                          shall submit the report to--
                                        (I) the Committee on Energy and
                                    Natural Resources of the Senate; and
                                        (II) the Committee on Natural
                                    Resources of the House of
                                    Representatives.

        (g) Relationship to Other Federal Agencies.--
                (1) In general.--Nothing in this section affects the
            authority of a Federal agency to provide technical or financial
            assistance under any other law.
                (2) Consultation and coordination.--To the maximum extent
            practicable, the head of any Federal agency planning to conduct
            activities that may have an impact on the Heritage Area is
            encouraged to consult and coordinate the activities with the
            Secretary and the local coordinating entity to the maximum
            extent practicable.
                (3) Other federal agencies.--Nothing in this section--
                        (A) modifies, alters, or amends any laws (including
                    regulations) authorizing a Federal agency to manage
                    Federal land under the jurisdiction of the Federal
                    agency;
                        (B) limits the discretion of a Federal land manager
                    to implement an approved land use plan within the
                    boundaries of the Heritage Area; or
                        (C) modifies, alters, or amends any authorized use
                    of Federal land under the jurisdiction of a Federal
                    agency.

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

        (i) Authorization of Appropriations.--

    [[Page 123 STAT. 1282]]

                (1) In general.--There is authorized to be appropriated to
            carry out this section $10,000,000, of which not more than
            $1,000,000 may be made available for any fiscal year.
                (2) Availability.--Funds made available under paragraph (1)
            shall remain available until expended.
                (3) Cost-sharing requirement.--
                        (A) In general.--The Federal share of the total cost
                    of any activity under this section shall be not more
                    than 50 percent.
                        (B) Form.--The non-Federal contribution may be in
                    the form of in-kind contributions of goods or services
                    fairly valued.
                (4) Use of federal funds from other sources.--Nothing in
            this section precludes the local coordinating entity from using
            Federal funds available under provisions of law other than this
            section for the purposes for which those funds were authorized.

        (j) Termination of Effectiveness.--The authority of the Secretary to
    provide financial assistance under this section terminates on the date
    that is 15 years after the date of enactment of this Act.
    SEC. 8010. <<NOTE: 16 USC 461 note.>>  KENAI MOUNTAINS-TURNAGAIN
                              ARM NATIONAL HERITAGE AREA, ALASKA.

        (a) Definitions.--In this section:
                (1) Heritage area.--The term ``Heritage Area'' means the
            Kenai Mountains-Turnagain Arm National Heritage Area established
            by subsection (b)(1).
                (2) Local coordinating entity.--The term ``local
            coordinating entity'' means the Kenai Mountains-Turnagain Arm
            Corridor Communities Association.
                (3) Management plan.--The term ``management plan'' means the
            plan prepared by the local coordinating entity for the Heritage
            Area that specifies actions, policies, strategies, performance
            goals, and recommendations to meet the goals of the Heritage
            Area, in accordance with this section.
                (4) Map.--The term ``map'' means the map entitled ``Proposed
            Kenai Mountains-Turnagain Arm NHA'' and dated August 7, 2007.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (b) Designation of the Kenai Mountains-Turnagain Arm National
    Heritage Area.--
                (1) Establishment.--There is established the Kenai
            Mountains-Turnagain Arm National Heritage Area.
                (2) Boundaries.--The Heritage Area shall be comprised of the
            land in the Kenai Mountains and upper Turnagain Arm region, as
            generally depicted on the map.
                (3) Availability of map.--The map shall be on file and
            available for public inspection in--
                        (A) the appropriate offices of the Forest Service,
                    Chugach National Forest;
                        (B) the Alaska Regional Office of the National Park
                    Service; and
                        (C) the office of the Alaska State Historic
                    Preservation Officer.

        (c) Management Plan.--

    [[Page 123 STAT. 1283]]

                (1) Local coordinating entity.--The local coordinating
            entity, in partnership with other interested parties, shall
            develop a management plan for the Heritage Area in accordance
            with this section.
                (2) Requirements.--The management plan for the Heritage Area
            shall--
                        (A) describe comprehensive policies, goals,
                    strategies, and recommendations for use in--
                              (i) telling the story of the heritage of the
                          area covered by the Heritage Area; and
                              (ii) encouraging long-term resource
                          protection, enhancement, interpretation, funding,
                          management, and development of the Heritage Area;
                        (B) include a description of actions and commitments
                    that the Federal Government, State, tribal, and local
                    governments, private organizations, and citizens will
                    take to protect, enhance, interpret, fund, manage, and
                    develop the natural, historical, cultural, educational,
                    scenic, and recreational resources of the Heritage Area;
                        (C) specify existing and potential sources of
                    funding or economic development strategies to protect,
                    enhance, interpret, fund, manage, and develop the
                    Heritage Area;
                        (D) include an inventory of the natural, historical,
                    cultural, educational, scenic, and recreational
                    resources of the Heritage Area relating to the national
                    importance and themes of the Heritage Area that should
                    be protected, enhanced, interpreted, managed, funded,
                    and developed;
                        (E) recommend policies and strategies for resource
                    management, including the development of
                    intergovernmental and interagency agreements to protect,
                    enhance, interpret, fund, manage, and develop the
                    natural, historical, cultural, educational, scenic, and
                    recreational resources of the Heritage Area;
                        (F) describe a program for implementation for the
                    management plan, including--
                              (i) performance goals;
                              (ii) plans for resource protection,
                          enhancement, interpretation, funding, management,
                          and development; and
                              (iii) specific commitments for implementation
                          that have been made by the local coordinating
                          entity or any Federal, State, tribal, or local
                          government agency, organization, business, or
                          individual;
                        (G) include an analysis of, and recommendations for,
                    means by which Federal, State, tribal, and local
                    programs may best be coordinated (including the role of
                    the National Park Service, the Forest Service, and other
                    Federal agencies associated with the Heritage Area) to
                    further the purposes of this section; and
                        (H) include a business plan that--
                              (i) describes the role, operation, financing,
                          and functions of the local coordinating entity and
                          each of the major activities contained in the
                          management plan; and
                              (ii) provides adequate assurances that the
                          local coordinating entity has the partnerships and
                          financial

    [[Page 123 STAT. 1284]]

                          and other resources necessary to implement the
                          management plan for the Heritage Area.
                (3) Deadline.--
                        (A) In general.--Not later than 3 years after the
                    date on which funds are first made available to develop
                    the management plan after the date of enactment of this
                    Act, the local coordinating entity shall submit the
                    management plan to the Secretary for approval.
                        (B) Termination of funding.--If the management plan
                    is not submitted to the Secretary in accordance with
                    subparagraph (A), the local coordinating entity shall
                    not qualify for any additional financial assistance
                    under this section until such time as the management
                    plan is submitted to and approved by the Secretary.
                (4) Approval of management plan.--
                        (A) <<NOTE: Deadline.>>  Review.--Not later than 180
                    days after receiving the management plan under paragraph
                    (3), the Secretary shall review and approve or
                    disapprove the management plan for a Heritage Area on
                    the basis of the criteria established under subparagraph
                    (C).
                        (B) Consultation.--The Secretary shall consult with
                    the Governor of the State in which the Heritage Area is
                    located before approving a management plan for the
                    Heritage Area.
                        (C) Criteria for approval.--In determining whether
                    to approve a management plan for the Heritage Area, the
                    Secretary shall consider whether--
                              (i) the local coordinating entity represents
                          the diverse interests of the Heritage Area,
                          including the Federal Government, State, tribal,
                          and local governments, natural and historical
                          resource protection organizations, educational
                          institutions, businesses, recreational
                          organizations, community residents, and private
                          property owners;
                              (ii) the local coordinating entity--
                                        (I) has afforded adequate
                                    opportunity for public and Federal,
                                    State, tribal, and local governmental
                                    involvement (including through workshops
                                    and hearings) in the preparation of the
                                    management plan; and
                                        (II) provides for at least
                                    semiannual public meetings to ensure
                                    adequate implementation of the
                                    management plan;
                              (iii) the resource protection, enhancement,
                          interpretation, funding, management, and
                          development strategies described in the management
                          plan, if implemented, would adequately protect,
                          enhance, interpret, fund, manage, and develop the
                          natural, historical, cultural, educational,
                          scenic, and recreational resources of the Heritage
                          Area;
                              (iv) the management plan would not adversely
                          affect any activities authorized on Federal land
                          under public land laws or land use plans;
                              (v) the local coordinating entity has
                          demonstrated the financial capability, in
                          partnership with other interested parties, to
                          carry out the plan;

    [[Page 123 STAT. 1285]]

                              (vi) the Secretary has received adequate
                          assurances from the appropriate State, tribal, and
                          local officials whose support is needed to ensure
                          the effective implementation of the State, tribal,
                          and local elements of the management plan; and
                              (vii) the management plan demonstrates
                          partnerships among the local coordinating entity,
                          Federal Government, State, tribal, and local
                          governments, regional planning organizations,
                          nonprofit organizations, or private sector parties
                          for implementation of the management plan.
                        (D) Disapproval.--
                              (i) In general.--If the Secretary disapproves
                          the management plan, the Secretary--
                                        (I) shall advise the local
                                    coordinating entity in writing of the
                                    reasons for the disapproval; and
                                        (II) may make recommendations to the
                                    local coordinating entity for revisions
                                    to the management plan.
                              (ii) Deadline.--Not later than 180 days after
                          receiving a revised management plan, the Secretary
                          shall approve or disapprove the revised management
                          plan.
                        (E) Amendments.--
                              (i) <<NOTE: Review.>>  In general.--An
                          amendment to the management plan that
                          substantially alters the purposes of the Heritage
                          Area shall be reviewed by the Secretary and
                          approved or disapproved in the same manner as the
                          original management plan.
                              (ii) Implementation.--The local coordinating
                          entity shall not use Federal funds authorized by
                          this section to implement an amendment to the
                          management plan until the Secretary approves the
                          amendment.
                        (F) Authorities.--The Secretary may--
                              (i) provide technical assistance under the
                          authority of this section for the development and
                          implementation of the management plan; and
                              (ii) enter into cooperative agreements with
                          interested parties to carry out this section.

        (d) Evaluation; Report.--
                (1) In general.--Not later than 3 years before the date on
            which authority for Federal funding terminates for the Heritage
            Area under this section, the Secretary shall--
                        (A) conduct an evaluation of the accomplishments of
                    the Heritage Area; and
                        (B) prepare a report in accordance with paragraph
                    (3).
                (2) Evaluation.--An evaluation conducted under paragraph
            (1)(A) shall--
                        (A) assess the progress of the local coordinating
                    entity with respect to--
                              (i) accomplishing the purposes of the
                          authorizing legislation for the Heritage Area; and
                              (ii) achieving the goals and objectives of the
                          approved management plan for the Heritage Area;

    [[Page 123 STAT. 1286]]

                        (B) analyze the Federal, State, tribal, local, and
                    private investments in the Heritage Area to determine
                    the impact of the investments; and
                        (C) review the management structure, partnership
                    relationships, and funding of the Heritage Area for
                    purposes of identifying the critical components for
                    sustainability of the Heritage Area.
                (3) Report.--Based on the evaluation conducted under
            paragraph (1)(A), the Secretary shall submit to the Committee on
            Energy and Natural Resources of the Senate and the Committee on
            Natural Resources of the House of Representatives a report that
            includes recommendations for the future role of the National
            Park Service, if any, with respect to the Heritage Area.

        (e) Local Coordinating Entity.--
                (1) Duties.--To further the purposes of the Heritage Area,
            in addition to developing the management plan for the Heritage
            Area under subsection (c), the local coordinating entity shall--
                        (A) serve to facilitate and expedite the
                    implementation of projects and programs among diverse
                    partners in the Heritage Area;
                        (B) <<NOTE: Deadline. Reports.>>  submit an annual
                    report to the Secretary for each fiscal year for which
                    the local coordinating entity receives Federal funds
                    under this section, specifying--
                              (i) the specific performance goals and
                          accomplishments of the local coordinating entity;
                              (ii) the expenses and income of the local
                          coordinating entity;
                              (iii) the amounts and sources of matching
                          funds;
                              (iv) the amounts leveraged with Federal funds
                          and sources of the leveraging; and
                              (v) grants made to any other entities during
                          the fiscal year;
                        (C) <<NOTE: Records.>>  make available for audit for
                    each fiscal year for which the local coordinating entity
                    receives Federal funds under this section, all
                    information pertaining to the expenditure of the funds
                    and any matching funds; and
                        (D) encourage economic viability and sustainability
                    that is consistent with the purposes of the Heritage
                    Area.
                (2) Authorities.--For the purpose of preparing and
            implementing the approved management plan for the Heritage Area
            under subsection (c), the local coordinating entity may use
            Federal funds made available under this section--
                        (A) to make grants to political jurisdictions,
                    nonprofit organizations, and other parties within the
                    Heritage Area;
                        (B) to enter into cooperative agreements with or
                    provide technical assistance to political jurisdictions,
                    nonprofit organizations, Federal agencies, and other
                    interested parties;
                        (C) to hire and compensate staff, including
                    individuals with expertise in--
                              (i) natural, historical, cultural,
                          educational, scenic, and recreational resource
                          conservation;
                              (ii) economic and community development; and
                              (iii) heritage planning;
                        (D) to obtain funds or services from any source,
                    including other Federal programs;

    [[Page 123 STAT. 1287]]

                        (E) to enter into contracts for goods or services;
                    and
                        (F) to support activities of partners and any other
                    activities that further the purposes of the Heritage
                    Area and are consistent with the approved management
                    plan.
                (3) Prohibition on acquisition of real property.--The local
            coordinating entity may not use Federal funds authorized under
            this section to acquire any interest in real property.

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

        (g) Private Property and Regulatory Protections.--Nothing in this
    section--
                (1) abridges the rights of any property owner (whether
            public or private), including the right to refrain from
            participating in any plan, project, program, or activity
            conducted within the Heritage Area;
                (2) requires any property owner to permit public access
            (including access by Federal, State, tribal, or local agencies)
            to the property of the property owner, or to modify public
            access or use of property of the property owner under any other
            Federal, State, tribal, or local law;
                (3) alters any duly adopted land use regulation, approved
            land use plan, or other regulatory authority (such as the
            authority to make safety improvements or increase the capacity
            of existing roads or to construct new roads) of any Federal,
            State, tribal, or local agency, or conveys any land use or other
            regulatory authority to any local coordinating entity, including
            development and management of energy or water or water-related
            infrastructure;
                (4) authorizes or implies the reservation or appropriation
            of water or water rights;
                (5) diminishes the authority of any State to manage fish and
            wildlife, including the regulation of fishing and hunting within
            the Heritage Area; or
                (6) creates any liability, or affects any liability under
            any other law, of any private property owner with respect to any
            person injured on the private property.

        (h) Funding.--
                (1) Authorization of appropriations.--Subject to paragraph
            (2), there is authorized to be appropriated to carry out this
            section $1,000,000 for each fiscal year, to remain available
            until expended.

    [[Page 123 STAT. 1288]]

                (2) Limitation on total amounts appropriated.--Not more than
            a total of $10,000,000 may be made available to carry out this
            section.
                (3) Cost-sharing.--
                        (A) In general.--The Federal share of the total cost
                    of any activity carried out under this section shall not
                    exceed 50 percent.
                        (B) Form of non-federal share.--The non-Federal
                    share of the cost of any activity carried out under this
                    section may be provided in the form of in-kind
                    contributions of goods or services fairly valued.

        (i) Termination of Authority.--The authority of the Secretary to
    provide financial assistance under this section terminates on the date
    that is 15 years after the date of enactment of this Act.

                               Subtitle B--Studies

    SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA.

        (a) Definitions.--In this section:
                (1) Corridor.--The term ``Corridor'' means the Chattahoochee
            Trace National Heritage Corridor.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (3) Study area.--The term ``study area'' means the study
            area described in subsection (b)(2).

        (b) Study.--
                (1) In general.--The Secretary, in consultation with State
            historic preservation officers, State historical societies,
            State tourism offices, and other appropriate organizations or
            agencies, shall conduct a study to assess the suitability and
            feasibility of designating the study area as the Chattahoochee
            Trace National Heritage Corridor.
                (2) Study area.--The study area includes--
                        (A) the portion of the Apalachicola-Chattahoochee-
                    Flint River Basin and surrounding areas, as generally
                    depicted on the map entitled ``Chattahoochee Trace
                    National Heritage Corridor, Alabama/Georgia'', numbered
                    T05/80000, and dated July 2007; and
                        (B) any other areas in the State of Alabama or
                    Georgia that--
                              (i) have heritage aspects that are similar to
                          the areas depicted on the map described in
                          subparagraph (A); and
                              (ii) are adjacent to, or in the vicinity of,
                          those areas.
                (3) Requirements.--The study shall include analysis,
            documentation, and determinations on whether the study area--
                        (A) has an assemblage of natural, historic, and
                    cultural resources that--
                              (i) represent distinctive aspects of the
                          heritage of the United States;
                              (ii) are worthy of recognition, conservation,
                          interpretation, and continuing use; and
                              (iii) would be best managed--

    [[Page 123 STAT. 1289]]

                                        (I) through partnerships among
                                    public and private entities; and
                                        (II) by linking diverse and
                                    sometimes noncontiguous resources and
                                    active communities;
                        (B) reflects traditions, customs, beliefs, and
                    folklife that are a valuable part of the story of the
                    United States;
                        (C) provides--
                              (i) outstanding opportunities to conserve
                          natural, historic, cultural, or scenic features;
                          and
                              (ii) outstanding recreational and educational
                          opportunities;
                        (D) contains resources that--
                              (i) are important to any identified themes of
                          the study area; and
                              (ii) retain a degree of integrity capable of
                          supporting interpretation;
                        (E) includes residents, business interests,
                    nonprofit organizations, and State and local governments
                    that--
                              (i) are involved in the planning of the
                          Corridor;
                              (ii) have developed a conceptual financial
                          plan that outlines the roles of all participants
                          in the Corridor, including the Federal Government;
                          and
                              (iii) have demonstrated support for the
                          designation of the Corridor;
                        (F) has a potential management entity to work in
                    partnership with the individuals and entities described
                    in subparagraph (E) to develop the Corridor while
                    encouraging State and local economic activity; and
                        (G) has a conceptual boundary map that is supported
                    by the public.

        (c) Report.--Not later than the 3rd fiscal year after the date on
    which funds are first made available to carry out this section, the
    Secretary shall submit to the Committee on Natural Resources of the
    House of Representatives and the Committee on Energy and Natural
    Resources of the Senate a report that describes--
                (1) the findings of the study; and
                (2) any conclusions and recommendations of the Secretary.
    SEC. 8102. NORTHERN NECK, VIRGINIA.

        (a) Definitions.--In this section:
                (1) Proposed heritage area.--The term ``proposed Heritage
            Area'' means the proposed Northern Neck National Heritage Area.
                (2) State.--The term ``State'' means the State of Virginia.
                (3) Study area.--The term ``study area'' means the area that
            is comprised of--
                        (A) the area of land located between the Potomac and
                    Rappahannock rivers of the eastern coastal region of the
                    State;
                        (B) Westmoreland, Northumberland, Richmond, King
                    George, and Lancaster Counties of the State; and
                        (C) any other area that--
                              (i) has heritage aspects that are similar to
                          the heritage aspects of the areas described in
                          subparagraph (A) or (B); and
                              (ii) is located adjacent to, or in the
                          vicinity of, those areas.

    [[Page 123 STAT. 1290]]

        (b) Study.--
                (1) In general.--In accordance with paragraphs (2) and (3),
            the Secretary, in consultation with appropriate State historic
            preservation officers, State historical societies, and other
            appropriate organizations, shall conduct a study to determine
            the suitability and feasibility of designating the study area as
            the Northern Neck National Heritage Area.
                (2) Requirements.--The study shall include analysis,
            documentation, and determinations on whether the study area--
                        (A) has an assemblage of natural, historical,
                    cultural, educational, scenic, or recreational resources
                    that together are nationally important to the heritage
                    of the United States;
                        (B) represents distinctive aspects of the heritage
                    of the United States worthy of recognition,
                    conservation, interpretation, and continuing use;
                        (C) is best managed as such an assemblage through
                    partnerships among public and private entities at the
                    local or regional level;
                        (D) reflects traditions, customs, beliefs, and
                    folklife that are a valuable part of the heritage of the
                    United States;
                        (E) provides outstanding opportunities to conserve
                    natural, historical, cultural, or scenic features;
                        (F) provides outstanding recreational or educational
                    opportunities;
                        (G) contains resources and has traditional uses that
                    have national importance;
                        (H) includes residents, business interests,
                    nonprofit organizations, and appropriate Federal
                    agencies and State and local governments that are
                    involved in the planning of, and have demonstrated
                    significant support for, the designation and management
                    of the proposed Heritage Area;
                        (I) has a proposed local coordinating entity that is
                    responsible for preparing and implementing the
                    management plan developed for the proposed Heritage
                    Area;
                        (J) with respect to the designation of the study
                    area, has the support of the proposed local coordinating
                    entity and appropriate Federal agencies and State and
                    local governments, each of which has documented the
                    commitment of the entity to work in partnership with
                    each other entity to protect, enhance, interpret, fund,
                    manage, and develop the resources located in the study
                    area;
                        (K) through the proposed local coordinating entity,
                    has developed a conceptual financial plan that outlines
                    the roles of all participants (including the Federal
                    Government) in the management of the proposed Heritage
                    Area;
                        (L) has a proposal that is consistent with continued
                    economic activity within the area; and
                        (M) has a conceptual boundary map that is supported
                    by the public and appropriate Federal agencies.
                (3) Additional consultation requirement.--In conducting the
            study under paragraph (1), the Secretary shall--
                        (A) consult with the managers of any Federal land
                    located within the study area; and

    [[Page 123 STAT. 1291]]

                        (B) before making any determination with respect to
                    the designation of the study area, secure the
                    concurrence of each manager with respect to each finding
                    of the study.

        (c) Determination.--
                (1) In general.--The Secretary, in consultation with the
            Governor of the State, shall review, comment on, and determine
            if the study area meets each requirement described in subsection
            (b)(2) for designation as a national heritage area.
                (2) Report.--
                        (A) In general.--Not later than 3 fiscal years after
                    the date on which funds are first made available to
                    carry out the study, the Secretary shall submit a report
                    describing the findings, conclusions, and
                    recommendations of the study to--
                              (i) the Committee on Energy and Natural
                          Resources of the Senate; and
                              (ii) the Committee on Natural Resources of the
                          House of Representatives.
                        (B) Requirements.--
                              (i) In general.--The report shall contain--
                                        (I) any comments that the Secretary
                                    has received from the Governor of the
                                    State relating to the designation of the
                                    study area as a national heritage area;
                                    and
                                        (II) a finding as to whether the
                                    study area meets each requirement
                                    described in subsection (b)(2) for
                                    designation as a national heritage area.
                              (ii) Disapproval.--If the Secretary determines
                          that the study area does not meet any requirement
                          described in subsection (b)(2) for designation as
                          a national heritage area, the Secretary shall
                          include in the report a description of each reason
                          for the determination.

         Subtitle C--Amendments Relating to National Heritage Corridors

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

        (a) Termination of Authority.--Section 106(b) of the Quinebaug and
    Shetucket Rivers Valley National Heritage Corridor Act of 1994 (16
    U.S.C. 461 note; Public Law 103-449) is amended by striking ``September
    30, 2009'' and inserting ``September 30, 2015''.
        (b) Evaluation; Report.--Section 106 of the Quinebaug and Shetucket
    Rivers Valley National Heritage Corridor Act of 1994 (16 U.S.C. 461
    note; Public Law 103-449) is amended by adding at the end the following:
        ``(c) Evaluation; Report.--
                ``(1) In general.--Not later than 3 years before the date on
            which authority for Federal funding terminates for the Corridor,
            the Secretary shall--
                        ``(A) conduct an evaluation of the accomplishments
                    of the Corridor; and
                        ``(B) prepare a report in accordance with paragraph
                    (3).

    [[Page 123 STAT. 1292]]

                ``(2) Evaluation.--An evaluation conducted under paragraph
            (1)(A) shall--
                        ``(A) assess the progress of the management entity
                    with respect to--
                              ``(i) accomplishing the purposes of this title
                          for the Corridor; and
                              ``(ii) achieving the goals and objectives of
                          the management plan for the Corridor;
                        ``(B) analyze the Federal, State, local, and private
                    investments in the Corridor to determine the leverage
                    and impact of the investments; and
                        ``(C) review the management structure, partnership
                    relationships, and funding of the Corridor for purposes
                    of identifying the critical components for
                    sustainability of the Corridor.
                ``(3) Report.--
                        ``(A) In general.--Based on the evaluation conducted
                    under paragraph (1)(A), the Secretary shall prepare a
                    report that includes recommendations for the future role
                    of the National Park Service, if any, with respect to
                    the Corridor.
                        ``(B) Required analysis.--If the report prepared
                    under subparagraph (A) recommends that Federal funding
                    for the Corridor be reauthorized, the report shall
                    include an analysis of--
                              ``(i) ways in which Federal funding for the
                          Corridor may be reduced or eliminated; and
                              ``(ii) the appropriate time period necessary
                          to achieve the recommended reduction or
                          elimination.
                        ``(C) Submission to congress.--On completion of the
                    report, the Secretary shall submit the report to--
                              ``(i) the Committee on Energy and Natural
                          Resources of the Senate; and
                              ``(ii) the Committee on Natural Resources of
                          the House of Representatives.''.

        (c) Authorization of Appropriations.--Section 109(a) of the
    Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of
    1994 (16 U.S.C. 461 note; Public Law 103-449) is amended by striking
    ``$10,000,000'' and inserting ``$15,000,000''.
    SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR.

        The Delaware and Lehigh National Heritage Corridor Act of 1988 (16
    U.S.C. 461 note; Public Law 100-692) is amended--
                (1) in section 9--
                        (A) by striking ``The Commission'' and inserting the
                    following:

        ``(a) In General.--The Commission''; and
                        (B) by adding at the end the following:

        ``(b) <<NOTE: Effective date.>>  Corporation as Local Coordinating
    Entity.--Beginning on the date of enactment of the Omnibus Public Land
    Management Act of 2009, the Corporation shall be the local coordinating
    entity for the Corridor.

        ``(c) Implementation of Management Plan.--The Corporation shall
    assume the duties of the Commission for the implementation of the Plan.
        ``(d) Use of Funds.--The Corporation may use Federal funds made
    available under this Act--

    [[Page 123 STAT. 1293]]

                ``(1) to make grants to, and enter into cooperative
            agreements with, the Federal Government, the Commonwealth,
            political subdivisions of the Commonwealth, nonprofit
            organizations, and individuals;
                ``(2) to hire, train, and compensate staff; and
                ``(3) to enter into contracts for goods and services.

        ``(e) Restriction on Use of Funds.--The Corporation may not use
    Federal funds made available under this Act to acquire land or an
    interest in land.'';
                (2) in section 10--
                        (A) in the first sentence of subsection (c), by
                    striking ``shall assist the Commission'' and inserting
                    ``shall, on the request of the Corporation, assist'';
                        (B) in subsection (d)--
                              (i) by striking ``Commission'' each place it
                          appears and inserting ``Corporation'';
                              (ii) by striking ``The Secretary'' and
                          inserting the following:
                ``(1) In general.--The Secretary''; and
                              (iii) by adding at the end the following:
                ``(2) Cooperative agreements.--The Secretary may enter into
            cooperative agreements with the Corporation and other public or
            private entities for the purpose of providing technical
            assistance and grants under paragraph (1).
                ``(3) Priority.--In providing assistance to the Corporation
            under paragraph (1), the Secretary shall give priority to
            activities that assist in--
                        ``(A) conserving the significant natural, historic,
                    cultural, and scenic resources of the Corridor; and
                        ``(B) providing educational, interpretive, and
                    recreational opportunities consistent with the purposes
                    of the Corridor.''; and
                        (C) by adding at the end the following:

        ``(e) Transition Memorandum of Understanding.--The Secretary shall
    enter into a memorandum of understanding with the Corporation to
    ensure--
                ``(1) appropriate transition of management of the Corridor
            from the Commission to the Corporation; and
                ``(2) coordination regarding the implementation of the
            Plan.'';
                (3) in section 11, in the matter preceding paragraph (1), by
            striking ``directly affecting'';
                (4) in section 12--
                        (A) in subsection (a), by striking ``Commission''
                    each place it appears and inserting ``Corporation'';
                        (B) in subsection (c)(1), by striking ``2007'' and
                    inserting ``2012''; and
                        (C) by adding at the end the following:

        ``(d) Termination of Assistance.--The authority of the Secretary to
    provide financial assistance under this Act terminates on the date that
    is 5 years after the date of enactment of this subsection.''; and
                (5) in section 14--
                        (A) by redesignating paragraphs (4), (5), and (6) as
                    paragraphs (5), (6), and (7), respectively; and
                        (B) by inserting after paragraph (3) the following:

    [[Page 123 STAT. 1294]]

                ``(4) <<NOTE: Definition.>>  the term `Corporation' means
            the Delaware & Lehigh National Heritage Corridor, Incorporated,
            an organization described in section 501(c)(3), and exempt from
            Federal tax under section 501(a), of the Internal Revenue Code
            of 1986;''.
    SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.

        The Erie Canalway National Heritage Corridor Act (16 U.S.C. 461
    note; Public Law 106-554) is amended--
                (1) in section 804--
                        (A) in subsection (b)--
                              (i) in the matter preceding paragraph (1), by
                          striking ``27'' and inserting ``at least 21
                          members, but not more than 27'';
                              (ii) in paragraph (2), by striking
                          ``Environment'' and inserting ``Environmental'';
                          and
                              (iii) in paragraph (3)--
                                        (I) in the matter preceding
                                    subparagraph (A), by striking ``19'';
                                        (II) by striking subparagraph (A);
                                        (III) by redesignating subparagraphs
                                    (B) and (C) as subparagraphs (A) and
                                    (B), respectively;
                                        (IV) in subparagraph (B) (as
                                    redesignated by subclause (III)), by
                                    striking the second sentence; and
                                        (V) by inserting after subparagraph
                                    (B) (as redesignated by subclause (III))
                                    the following:
                        ``(C) The remaining members shall be--
                              ``(i) appointed by the Secretary, based on
                          recommendations from each member of the House of
                          Representatives, the district of which encompasses
                          the Corridor; and
                              ``(ii) persons that are residents of, or
                          employed within, the applicable congressional
                          districts.'';
                        (B) in subsection (f), by striking ``Fourteen
                    members of the Commission'' and inserting ``A majority
                    of the serving Commissioners'';
                        (C) in subsection (g), by striking ``14 of its
                    members'' and inserting ``a majority of the serving
                    Commissioners'';
                        (D) in subsection (h), by striking paragraph (4) and
                    inserting the following:
                ``(4)(A) to appoint any staff that may be necessary to carry
            out the duties of the Commission, subject to the provisions of
            title 5, United States Code, relating to appointments in the
            competitive service; and
                ``(B) to fix the compensation of the staff, in accordance
            with the provisions of chapter 51 and subchapter III of chapter
            53 of title 5, United States Code, relating to the
            classification of positions and General Schedule pay rates;'';
            and
                        (E) in subsection (j), by striking ``10 years'' and
                    inserting ``15 years'';
                (2) in section 807--
                        (A) in subsection (e), by striking ``with regard to
                    the preparation and approval of the Canalway Plan''; and
                        (B) by adding at the end the following:

        ``(f) Operational Assistance.--Subject to the availability of
    appropriations, the Superintendent of Saratoga National Historical Park
    may, on request, provide to public and private organizations

    [[Page 123 STAT. 1295]]

    in the Corridor (including the Commission) any operational assistance
    that is appropriate to assist with the implementation of the Canalway
    Plan.''; and
                (3) in section 810(a)(1), in the first sentence, by striking
            ``any fiscal year'' and inserting ``any fiscal year, to remain
            available until expended''.
    SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL
                              HERITAGE CORRIDOR.

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

                           Subtitle D--Effect of Title

    SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.

        Nothing in this title shall be construed as affecting access for
    recreational activities otherwise allowed by law or regulation,
    including hunting, fishing, or trapping.

                 TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

                         Subtitle A--Feasibility Studies

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

        (a) In General.--The Secretary of the Interior, acting through the
    Bureau of Reclamation, may conduct feasibility studies on projects that
    address water shortages within the Snake, Boise, and Payette River
    systems in the State of Idaho, and are considered appropriate for
    further study by the Bureau of Reclamation Boise Payette water storage
    assessment report issued during 2006.
        (b) Bureau of Reclamation.--A study conducted under this section
    shall comply with Bureau of Reclamation policy standards and guidelines
    for studies.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of the Interior to carry out this section
    $3,000,000.
        (d) Termination of Effectiveness.--The authority provided by this
    section terminates on the date that is 10 years after the date of
    enactment of this Act.
    SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA.

        (a) Definitions.--In this section:
                (1) Appraisal report.--The term ``appraisal report'' means
            the appraisal report concerning the augmentation alternatives
            for the Sierra Vista Subwatershed in the State of Arizona, dated
            June 2007 and prepared by the Bureau of Reclamation.
                (2) Principles and guidelines.--The term ``principles and
            guidelines'' means the report entitled ``Economic and
            Environmental Principles and Guidelines for Water and Related
            Land

    [[Page 123 STAT. 1296]]

            Resources Implementation Studies'' issued on March 10, 1983, by
            the Water Resources Council established under title I of the
            Water Resources Planning Act (42 U.S.C. 1962a et seq.).
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (b) Sierra Vista Subwatershed Feasibility Study.--
                (1) Study.--
                        (A) In general.--In accordance with the reclamation
                    laws and the principles and guidelines, the Secretary,
                    acting through the Commissioner of Reclamation, may
                    complete a feasibility study of alternatives to augment
                    the water supplies within the Sierra Vista Subwatershed
                    in the State of Arizona that are identified as
                    appropriate for further study in the appraisal report.
                        (B) Inclusions.--In evaluating the feasibility of
                    alternatives under subparagraph (A), the Secretary
                    shall--
                              (i) include--
                                        (I) any required environmental
                                    reviews;
                                        (II) the construction costs and
                                    projected operations, maintenance, and
                                    replacement costs for each alternative;
                                    and
                                        (III) the economic feasibility of
                                    each alternative;
                              (ii) take into consideration the ability of
                          Federal, tribal, State, and local government
                          sources and private sources to fund capital
                          construction costs and annual operation,
                          maintenance, energy, and replacement costs;
                              (iii) establish the basis for--
                                        (I) any cost-sharing allocations;
                                    and
                                        (II) anticipated repayment, if any,
                                    of Federal contributions; and
                              (iv) perform a cost-benefit analysis.
                (2) Cost sharing requirement.--
                        (A) In general.--The Federal share of the total
                    costs of the study under paragraph (1) shall not exceed
                    45 percent.
                        (B) Form of non-federal share.--The non-Federal
                    share required under subparagraph (A) may be in the form
                    of any in-kind service that the Secretary determines
                    would contribute substantially toward the conduct and
                    completion of the study under paragraph (1).
                (3) Statement of congressional intent relating to completion
            of study.--It is <<NOTE: Deadline.>>  the intent of Congress
            that the Secretary complete the study under paragraph (1) by a
            date that is not later than 30 months after the date of
            enactment of this Act.
                (4) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary to carry out this subsection
            $1,260,000.

        (c) Water Rights.--Nothing in this section affects--
                (1) any valid or vested water right in existence on the date
            of enactment of this Act; or
                (2) any application for water rights pending before the date
            of enactment of this Act.
    SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA.

        (a) Feasibility Study, Project Development, Cost Share.--

    [[Page 123 STAT. 1297]]

                (1) In general.--The Secretary of the Interior (hereinafter
            referred to as ``Secretary''), in consultation and cooperation
            with the City of San Diego and the Sweetwater Authority, is
            authorized to undertake a study to determine the feasibility of
            constructing a four reservoir intertie system to improve water
            storage opportunities, water supply reliability, and water yield
            of the existing non-Federal water storage system. The
            feasibility study shall document the Secretary's engineering,
            environmental, and economic investigation of the proposed
            reservoir and intertie project taking into consideration the
            range of potential solutions and the circumstances and needs of
            the area to be served by the proposed reservoir and intertie
            project, the potential benefits to the people of that service
            area, and improved operations of the proposed reservoir and
            intertie system. The Secretary shall indicate in the feasibility
            report required under paragraph (4) whether the proposed
            reservoir and intertie project is recommended for construction.
                (2) Federal cost share.--The Federal share of the costs of
            the feasibility study shall not exceed 50 percent of the total
            study costs. The Secretary may accept as part of the non-Federal
            cost share, any contribution of such in-kind services by the
            City of San Diego and the Sweetwater Authority that the
            Secretary determines will contribute toward the conduct and
            completion of the study.
                (3) Cooperation.--The Secretary shall consult and cooperate
            with appropriate State, regional, and local authorities in
            implementing this subsection.
                (4) Feasibility report.--The Secretary shall submit to
            Congress a feasibility report for the project the Secretary
            recommends, and to seek, as the Secretary deems appropriate,
            specific authority to develop and construct any recommended
            project. This report shall include--
                        (A) good faith letters of intent by the City of San
                    Diego and the Sweetwater Authority and its non-Federal
                    partners to indicate that they have committed to share
                    the allocated costs as determined by the Secretary; and
                        (B) a schedule identifying the annual operation,
                    maintenance, and replacement costs that should be
                    allocated to the City of San Diego and the Sweetwater
                    Authority, as well as the current and expected financial
                    capability to pay operation, maintenance, and
                    replacement costs.

        (b) Federal Reclamation Projects.--Nothing in this section shall
    supersede or amend the provisions of Federal Reclamation laws or laws
    associated with any project or any portion of any project constructed
    under any authority of Federal Reclamation laws.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary $3,000,000 for the Federal cost share of
    the study authorized in subsection (a).
        (d) Sunset.--The authority of the Secretary to carry out any
    provisions of this section shall terminate 10 years after the date of
    the enactment of this Act.

    [[Page 123 STAT. 1298]]

                       Subtitle B--Project Authorizations

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

        (a) Definitions.--In this section:
                (1) District.--The term ``District'' means the Tumalo
            Irrigation District, Oregon.
                (2) Project.--The term ``Project'' means the Tumalo
            Irrigation District Water Conservation Project authorized under
            subsection (b)(1).
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (b) Authorization To Plan, Design and Construct the Tumalo Water
    Conservation Project.--
                (1) Authorization.--The Secretary, in cooperation with the
            District--
                        (A) may participate in the planning, design, and
                    construction of the Tumalo Irrigation District Water
                    Conservation Project in Deschutes County, Oregon; and
                        (B) for purposes of planning and designing the
                    Project, shall take into account any appropriate studies
                    and reports prepared by the District.
                (2) Cost-sharing requirement.--
                        (A) Federal share.--The Federal share of the total
                    cost of the Project shall be 25 percent, which shall be
                    nonreimbursable to the United States.
                        (B) Credit toward non-federal share.--The Secretary
                    shall credit toward the non-Federal share of the Project
                    any amounts that the District provides toward the
                    design, planning, and construction before the date of
                    enactment of this Act.
                (3) Title.--The District shall hold title to any facilities
            constructed under this section.
                (4) Operation and maintenance costs.--The District shall pay
            the operation and maintenance costs of the Project.
                (5) Effect.--Any assistance provided under this section
            shall not be considered to be a supplemental or additional
            benefit under Federal reclamation law (the Act of June 17, 1902
            (32 Stat. 388, chapter 1093), and Acts supplemental to and
            amendatory of that Act (43 U.S.C. 371 et seq.).

        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary for the Federal share of the cost of the
    Project $4,000,000.
        (d) Termination of Authority.--The authority of the Secretary to
    carry out this section shall expire on the date that is 10 years after
    the date of enactment of this Act.
    SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT, CALIFORNIA.

        (a) Definitions.--In this section:
                (1) District.--The term ``District'' means the Madera
            Irrigation District, Madera, California.
                (2) Project.--The term ``Project'' means the Madera Water
            Supply Enhancement Project, a groundwater bank on the 13,646-
            acre Madera Ranch in Madera, California, owned, operated,
            maintained, and managed by the District that will plan,

    [[Page 123 STAT. 1299]]

            design, and construct recharge, recovery, and delivery systems
            able to store up to 250,000 acre-feet of water and recover up to
            55,000 acre-feet of water per year, as substantially described
            in the California Environmental Quality Act, Final Environmental
            Impact Report for the Madera Irrigation District Water Supply
            Enhancement Project, September 2005.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (4) Total cost.--The term ``total cost'' means all
            reasonable costs, such as the planning, design, permitting, and
            construction of the Project and the acquisition costs of lands
            used or acquired by the District for the Project.

        (b) Project Feasibility.--
                (1) Project feasible.--Pursuant to the Reclamation Act of
            1902 (32 Stat. 388) and Acts amendatory thereof and supplemental
            thereto, the Project is feasible and no further studies or
            actions regarding feasibility are necessary.
                (2) Applicability of other laws.--The Secretary shall
            implement the authority provided in this section in accordance
            with all applicable Federal laws, including the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
            the Endangered Species Act of 1973 (7 U.S.C. 136; 16 U.S.C. 460
            et seq.).

        (c) Cooperative Agreement.--All final planning and design and the
    construction of the Project authorized by this section shall be
    undertaken in accordance with a cooperative agreement between the
    Secretary and the District for the Project. Such cooperative agreement
    shall set forth in a manner acceptable to the Secretary and the District
    the responsibilities of the District for participating, which shall
    include--
                (1) engineering and design;
                (2) construction; and
                (3) the administration of contracts pertaining to any of the
            foregoing.

        (d) Authorization for the Madera Water Supply and Enhancement
    Project.--
                (1) <<NOTE: Contracts.>>  Authorization of construction.--
            The Secretary, acting pursuant to the Federal reclamation laws
            (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory
            thereof or supplementary thereto, is authorized to enter into a
            cooperative agreement through the Bureau of Reclamation with the
            District for the support of the final design and construction of
            the Project.
                (2) Total cost.--The total cost of the Project for the
            purposes of determining the Federal cost share shall not exceed
            $90,000,000.
                (3) Cost share.--The Federal share of the capital costs of
            the Project shall be provided on a nonreimbursable basis and
            shall not exceed 25 percent of the total cost. Capital,
            planning, design, permitting, construction, and land acquisition
            costs incurred by the District prior to the date of the
            enactment of this Act shall be considered a portion of the non-
            Federal cost share.
                (4) Credit for non-federal work.--The District shall receive
            credit toward the non-Federal share of the cost of the Project
            for--

    [[Page 123 STAT. 1300]]

                        (A) in-kind services that the Secretary determines
                    would contribute substantially toward the completion of
                    the project;
                        (B) reasonable costs incurred by the District as a
                    result of participation in the planning, design,
                    permitting, and construction of the Project; and
                        (C) the acquisition costs of lands used or acquired
                    by the District for the Project.
                (5) Limitation.--The Secretary shall not provide funds for
            the operation or maintenance of the Project authorized by this
            subsection. The operation, ownership, and maintenance of the
            Project shall be the sole responsibility of the District.
                (6) Plans and analyses consistent with federal law.--Before
            obligating funds for design or construction under this
            subsection, the Secretary shall work cooperatively with the
            District to use, to the extent possible, plans, designs, and
            engineering and environmental analyses that have already been
            prepared by the District for the Project. The Secretary shall
            ensure that such information as is used is consistent with
            applicable Federal laws and regulations.
                (7) Title; responsibility; liability.--Nothing in this
            subsection or the assistance provided under this subsection
            shall be construed to transfer title, responsibility, or
            liability related to the Project to the United States.
                (8) Authorization of appropriation.--There is authorized to
            be appropriated to the Secretary to carry out this subsection
            $22,500,000 or 25 percent of the total cost of the Project,
            whichever is less.

        (e) Sunset.--The authority of the Secretary to carry out any
    provisions of this section shall terminate 10 years after the date of
    the enactment of this Act.
    SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, NEW
                              MEXICO.

        (a) Definitions.--In this section:
                (1) Authority.--The term ``Authority'' means the Eastern New
            Mexico Rural Water Authority, an entity formed under State law
            for the purposes of planning, financing, developing, and
            operating the System.
                (2) Engineering report.--The term ``engineering report''
            means the report entitled ``Eastern New Mexico Rural Water
            System Preliminary Engineering Report'' and dated October 2006.
                (3) Plan.--The term ``plan'' means the operation,
            maintenance, and replacement plan required by subsection (c)(2).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (5) State.--The term ``State'' means the State of New
            Mexico.
                (6) System.--
                        (A) In general.--The term ``System'' means the
                    Eastern New Mexico Rural Water System, a water delivery
                    project designed to deliver approximately 16,500 acre-
                    feet of water per year from the Ute Reservoir to the
                    cities of Clovis, Elida, Grady, Melrose, Portales, and
                    Texico and other locations in Curry, Roosevelt, and Quay
                    Counties in the State.

    [[Page 123 STAT. 1301]]

                        (B) Inclusions.--The term ``System'' includes the
                    major components and associated infrastructure
                    identified as the ``Best Technical Alternative'' in the
                    engineering report.
                (7) Ute reservoir.--The term ``Ute Reservoir'' means the
            impoundment of water created in 1962 by the construction of the
            Ute Dam on the Canadian River, located approximately 32 miles
            upstream of the border between New Mexico and Texas.

        (b) Eastern New Mexico Rural Water System.--
                (1) Financial assistance.--
                        (A) In general.--The Secretary may provide financial
                    and technical assistance to the Authority to assist in
                    planning, designing, conducting related preconstruction
                    activities for, and constructing the System.
                        (B) Use.--
                              (i) In general.--Any financial assistance
                          provided under subparagraph (A) shall be obligated
                          and expended only in accordance with a cooperative
                          agreement entered into under subsection (d)(1)(B).
                              (ii) Limitations.--Financial assistance
                          provided under clause (i) shall not be used--
                                        (I) for any activity that is
                                    inconsistent with constructing the
                                    System; or
                                        (II) to plan or construct facilities
                                    used to supply irrigation water for
                                    irrigated agricultural purposes.
                (2) Cost-sharing requirement.--
                        (A) In general.--The Federal share of the total cost
                    of any activity or construction carried out using
                    amounts made available under this section shall be not
                    more than 75 percent of the total cost of the System.
                        (B) System development costs.--For purposes of
                    subparagraph (A), the total cost of the System shall
                    include any costs incurred by the Authority or the State
                    on or after October 1, 2003, for the development of the
                    System.
                (3) Limitation.--No amounts made available under this
            section may be used for the construction of the System until--
                        (A) a plan is developed under subsection (c)(2); and
                        (B) the Secretary and the Authority have complied
                    with any requirements of the National Environmental
                    Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable
                    to the System.
                (4) Title to project works.--Title to the infrastructure of
            the System shall be held by the Authority or as may otherwise be
            specified under State law.

        (c) Operation, Maintenance, and Replacement Costs.--
                (1) In general.--The Authority shall be responsible for the
            annual operation, maintenance, and replacement costs associated
            with the System.
                (2) Operation, maintenance, and replacement plan.--The
            Authority, in consultation with the Secretary, shall develop an
            operation, maintenance, and replacement plan that establishes
            the rates and fees for beneficiaries of the System in the amount
            necessary to ensure that the System is properly maintained and
            capable of delivering approximately 16,500 acre-feet of water
            per year.

    [[Page 123 STAT. 1302]]

        (d) Administrative Provisions.--
                (1) Cooperative agreements.--
                        (A) In general.--The Secretary may enter into any
                    contract, grant, cooperative agreement, or other
                    agreement that is necessary to carry out this section.
                        (B) Cooperative agreement for provision of financial
                    assistance.--
                              (i) In general.--The Secretary shall enter
                          into a cooperative agreement with the Authority to
                          provide financial assistance and any other
                          assistance requested by the Authority for
                          planning, design, related preconstruction
                          activities, and construction of the System.
                              (ii) Requirements.--The cooperative agreement
                          entered into under clause (i) shall, at a minimum,
                          specify the responsibilities of the Secretary and
                          the Authority with respect to--
                                        (I) ensuring that the cost-share
                                    requirements established by subsection
                                    (b)(2) are met;
                                        (II) completing the planning and
                                    final design of the System;
                                        (III) any environmental and cultural
                                    resource compliance activities required
                                    for the System; and
                                        (IV) the construction of the System.
                (2) Technical assistance.--At the request of the Authority,
            the Secretary may provide to the Authority any technical
            assistance that is necessary to assist the Authority in
            planning, designing, constructing, and operating the System.
                (3) <<NOTE: Consultation.>>  Biological assessment.--The
            Secretary shall consult with the New Mexico Interstate Stream
            Commission and the Authority in preparing any biological
            assessment under the Endangered Species Act of 1973 (16 U.S.C.
            1531 et seq.) that may be required for planning and constructing
            the System.
                (4) Effect.--Nothing in this section--
                        (A) affects or preempts--
                              (i) State water law; or
                              (ii) an interstate compact relating to the
                          allocation of water; or
                        (B) confers on any non-Federal entity the ability to
                    exercise any Federal rights to--
                              (i) the water of a stream; or
                              (ii) any groundwater resource.

        (e) Authorization of Appropriations.--
                (1) In general.--In accordance with the adjustment carried
            out under paragraph (2), there is authorized to be appropriated
            to the Secretary to carry out this section an amount not greater
            than $327,000,000.
                (2) Adjustment.--The amount made available under paragraph
            (1) shall be adjusted to reflect changes in construction costs
            occurring after January 1, 2007, as indicated by engineering
            cost indices applicable to the types of construction necessary
            to carry out this section.
                (3) Nonreimbursable amounts.--Amounts made available to the
            Authority in accordance with the cost-sharing requirement under
            subsection (b)(2) shall be nonreimbursable and nonreturnable to
            the United States.

    [[Page 123 STAT. 1303]]

                (4) Availability of funds.--At the end of each fiscal year,
            any unexpended funds appropriated pursuant to this section shall
            be retained for use in future fiscal years consistent with this
            section.
    SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA.

        (a) In General.--The Reclamation Wastewater and Groundwater Study
    and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
    seq.) is amended by adding at the end the following:
    ``SEC. 1649. <<NOTE: 43 USC 390h-32.>>  RANCHO CALIFORNIA WATER
                              DISTRICT PROJECT, CALIFORNIA.

        ``(a) Authorization.--The Secretary, in cooperation with the Rancho
    California Water District, California, may participate in the design,
    planning, and construction of permanent facilities for water recycling,
    demineralization, and desalination, and distribution of non-potable
    water supplies in Southern Riverside County, California.
        ``(b) Cost Sharing.--The Federal share of the cost of the project
    described in subsection (a) shall not exceed 25 percent of the total
    cost of the project or $20,000,000, whichever is less.
        ``(c) Limitation.--Funds provided by the Secretary under this
    section shall not be used for operation or maintenance of the project
    described in subsection (a).''.
        (b) Clerical Amendment.--The table of items in section 2 of Public
    Law 102-575 is amended by inserting after the last item the following:

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

    SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO.

        (a) Definitions.--In this section:
                (1) Assessment.--The term ``assessment'' means the
            engineering document that is--
                        (A) entitled ``Jackson Gulch Inlet Canal Project,
                    Jackson Gulch Outlet Canal Project, Jackson Gulch
                    Operations Facilities Project: Condition Assessment and
                    Recommendations for Rehabilitation'';
                        (B) dated February 2004; and
                        (C) on file with the Bureau of Reclamation.
                (2) District.--The term ``District'' means the Mancos Water
            Conservancy District established under the Water Conservancy Act
            (Colo. Rev. Stat. 37-45-101 et seq.).
                (3) Project.--The term ``Project'' means the Jackson Gulch
            rehabilitation project, a program for the rehabilitation of the
            Jackson Gulch Canal system and other infrastructure in the
            State, as described in the assessment.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Commissioner of Reclamation.
                (5) State.--The term ``State'' means the State of Colorado.

        (b) Authorization of Jackson Gulch Rehabilitation Project.--
                (1) <<NOTE: Payments.>>  In general.--Subject to the
            reimbursement requirement described in paragraph (3), the
            Secretary shall pay the Federal share of the total cost of
            carrying out the Project.

    [[Page 123 STAT. 1304]]

                (2) Use of existing information.--In preparing any studies
            relating to the Project, the Secretary shall, to the maximum
            extent practicable, use existing studies, including engineering
            and resource information provided by, or at the direction of--
                        (A) Federal, State, or local agencies; and
                        (B) the District.
                (3) Reimbursement requirement.--
                        (A) Amount.--The Secretary shall recover from the
                    District as reimbursable expenses the lesser of--
                              (i) the amount equal to 35 percent of the cost
                          of the Project; or
                              (ii) $2,900,000.
                        (B) Manner.--The Secretary shall recover
                    reimbursable expenses under subparagraph (A)--
                              (i) in a manner agreed to by the Secretary and
                          the District;
                              (ii) over a period of 15 years; and
                              (iii) with no interest.
                        (C) Credit.--In determining the exact amount of
                    reimbursable expenses to be recovered from the District,
                    the Secretary shall credit the District for any amounts
                    it paid before the date of enactment of this Act for
                    engineering work and improvements directly associated
                    with the Project.
                (4) Prohibition on operation and maintenance costs.--The
            District shall be responsible for the operation and maintenance
            of any facility constructed or rehabilitated under this section.
                (5) Liability.--The United States shall not be liable for
            damages of any kind arising out of any act, omission, or
            occurrence relating to a facility rehabilitated or constructed
            under this section.
                (6) Effect.--An activity provided Federal funding under this
            section shall not be considered a supplemental or additional
            benefit under--
                        (A) the reclamation laws; or
                        (B) the Act of August 11, 1939 (16 U.S.C. 590y et
                    seq.).
                (7) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary to pay the Federal share of the
            total cost of carrying out the Project $8,250,000.
    SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.

        (a) Findings and Purpose.--
                (1) Findings.--Congress finds that--
                        (A) drought, population increases, and environmental
                    needs are exacerbating water supply issues across the
                    western United States, including the Rio Grande Basin in
                    New Mexico;
                        (B) a report developed by the Bureau of Reclamation
                    and the Bureau of Indian Affairs in 2000 identified a
                    serious need for the rehabilitation and repair of
                    irrigation infrastructure of the Rio Grande Pueblos;
                        (C) inspection of existing irrigation infrastructure
                    of the Rio Grande Pueblos shows that many key
                    facilities,

    [[Page 123 STAT. 1305]]

                    such as diversion structures and main conveyance
                    ditches, are unsafe and barely, if at all, operable;
                        (D) the benefits of rehabilitating and repairing
                    irrigation infrastructure of the Rio Grande Pueblos
                    include--
                              (i) water conservation;
                              (ii) extending available water supplies;
                              (iii) increased agricultural productivity;
                              (iv) economic benefits;
                              (v) safer facilities; and
                              (vi) the preservation of the culture of Indian
                          Pueblos in the State;
                        (E) certain Indian Pueblos in the Rio Grande Basin
                    receive water from facilities operated or owned by the
                    Bureau of Reclamation; and
                        (F) rehabilitation and repair of irrigation
                    infrastructure of the Rio Grande Pueblos would improve--
                              (i) overall water management by the Bureau of
                          Reclamation; and
                              (ii) the ability of the Bureau of Reclamation
                          to help address potential water supply conflicts
                          in the Rio Grande Basin.
                (2) Purpose.--The purpose of this section is to direct the
            Secretary--
                        (A) to assess the condition of the irrigation
                    infrastructure of the Rio Grande Pueblos;
                        (B) to establish priorities for the rehabilitation
                    of irrigation infrastructure of the Rio Grande Pueblos
                    in accordance with specified criteria; and
                        (C) to implement projects to rehabilitate and
                    improve the irrigation infrastructure of the Rio Grande
                    Pueblos.

        (b) Definitions.--In this section:
                (1) 2004 agreement.--The term ``2004 Agreement'' means the
            agreement entitled ``Agreement By and Between the United States
            of America and the Middle Rio Grande Conservancy District,
            Providing for the Payment of Operation and Maintenance Charges
            on Newly Reclaimed Pueblo Indian Lands in the Middle Rio Grande
            Valley, New Mexico'' and executed in September 2004 (including
            any successor agreements and amendments to the agreement).
                (2) Designated engineer.--The term ``designated engineer''
            means a Federal employee designated under the Act of February
            14, 1927 (69 Stat. 1098, chapter 138) to represent the United
            States in any action involving the maintenance, rehabilitation,
            or preservation of the condition of any irrigation structure or
            facility on land located in the Six Middle Rio Grande Pueblos.
                (3) District.--The term ``District'' means the Middle Rio
            Grande Conservancy District, a political subdivision of the
            State established in 1925.
                (4) Pueblo irrigation infrastructure.--The term ``Pueblo
            irrigation infrastructure'' means any diversion structure,
            conveyance facility, or drainage facility that is--
                        (A) in existence as of the date of enactment of this
                    Act; and
                        (B) located on land of a Rio Grande Pueblo that is
                    associated with--

    [[Page 123 STAT. 1306]]

                              (i) the delivery of water for the irrigation
                          of agricultural land; or
                              (ii) the carriage of irrigation return flows
                          and excess water from the land that is served.
                (5) Rio grande basin.--The term ``Rio Grande Basin'' means
            the headwaters of the Rio Chama and the Rio Grande Rivers
            (including any tributaries) from the State line between Colorado
            and New Mexico downstream to the elevation corresponding with
            the spillway crest of Elephant Butte Dam at 4,457.3 feet mean
            sea level.
                (6) Rio grande pueblo.--The term ``Rio Grande Pueblo'' means
            any of the 18 Pueblos that--
                        (A) occupy land in the Rio Grande Basin; and
                        (B) are included on the list of federally recognized
                    Indian tribes published by the Secretary in accordance
                    with section 104 of the Federally Recognized Indian
                    Tribe List Act of 1994 (25 U.S.C. 479a-1).
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Commissioner of Reclamation.
                (8) Six middle rio grande pueblos.--The term ``Six Middle
            Rio Grande Pueblos'' means each of the Pueblos of Cochiti, Santo
            Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
                (9) Special project.--The term ``special project'' has the
            meaning given the term in the 2004 Agreement.
                (10) State.--The term ``State'' means the State of New
            Mexico.

        (c) Irrigation Infrastructure Study.--
                (1) Study.--
                        (A) <<NOTE: Effective date.>>  In general.--On the
                    date of enactment of this Act, the Secretary, in
                    accordance with subparagraph (B), and in consultation
                    with the Rio Grande Pueblos, shall--
                              (i) conduct a study of Pueblo irrigation
                          infrastructure; and
                              (ii) based on the results of the study,
                          develop a list of projects (including a cost
                          estimate for each project), that are recommended
                          to be implemented over a 10-year period to repair,
                          rehabilitate, or reconstruct Pueblo irrigation
                          infrastructure.
                        (B) <<NOTE: Notification.>>  Required consent.--In
                    carrying out subparagraph (A), the Secretary shall only
                    include each individual Rio Grande Pueblo that notifies
                    the Secretary that the Pueblo consents to participate
                    in--
                              (i) the conduct of the study under
                          subparagraph (A)(i); and
                              (ii) the development of the list of projects
                          under subparagraph (A)(ii) with respect to the
                          Pueblo.
                (2) Priority.--
                        (A) Consideration of factors.--
                              (i) In general.--In developing the list of
                          projects under paragraph (1)(A)(ii), the Secretary
                          shall--
                                        (I) consider each of the factors
                                    described in subparagraph (B); and
                                        (II) prioritize the projects
                                    recommended for implementation based
                                    on--
                                                (aa) a review of each of the
                                            factors; and

    [[Page 123 STAT. 1307]]

                                                (bb) a consideration of the
                                            projected benefits of the
                                            project on completion of the
                                            project.
                              (ii) Eligibility of projects.--A project is
                          eligible to be considered and prioritized by the
                          Secretary if the project addresses at least 1
                          factor described in subparagraph (B).
                        (B) Factors.--The factors referred to in
                    subparagraph (A) are--
                              (i)(I) the extent of disrepair of the Pueblo
                          irrigation infrastructure; and
                              (II) the effect of the disrepair on the
                          ability of the applicable Rio Grande Pueblo to
                          irrigate agricultural land using Pueblo irrigation
                          infrastructure;
                              (ii) whether, and the extent that, the repair,
                          rehabilitation, or reconstruction of the Pueblo
                          irrigation infrastructure would provide an
                          opportunity to conserve water;
                              (iii)(I) the economic and cultural impacts
                          that the Pueblo irrigation infrastructure that is
                          in disrepair has on the applicable Rio Grande
                          Pueblo; and
                              (II) the economic and cultural benefits that
                          the repair, rehabilitation, or reconstruction of
                          the Pueblo irrigation infrastructure would have on
                          the applicable Rio Grande Pueblo;
                              (iv) the opportunity to address water supply
                          or environmental conflicts in the applicable river
                          basin if the Pueblo irrigation infrastructure is
                          repaired, rehabilitated, or reconstructed; and
                              (v) the overall benefits of the project to
                          efficient water operations on the land of the
                          applicable Rio Grande Pueblo.
                (3) Consultation.--In developing the list of projects under
            paragraph (1)(A)(ii), the Secretary shall consult with the
            Director of the Bureau of Indian Affairs (including the
            designated engineer with respect to each proposed project that
            affects the Six Middle Rio Grande Pueblos), the Chief of the
            Natural Resources Conservation Service, and the Chief of
            Engineers to evaluate the extent to which programs under the
            jurisdiction of the respective agencies may be used--
                        (A) to assist in evaluating projects to repair,
                    rehabilitate, or reconstruct Pueblo irrigation
                    infrastructure; and
                        (B) to implement--
                              (i) a project recommended for implementation
                          under paragraph (1)(A)(ii); or
                              (ii) any other related project (including on-
                          farm improvements) that may be appropriately
                          coordinated with the repair, rehabilitation, or
                          reconstruction of Pueblo irrigation infrastructure
                          to improve the efficient use of water in the Rio
                          Grande Basin.
                (4) Report.--Not later than 2 years after the date of
            enactment of this Act, the Secretary shall submit to the
            Committee on Energy and Natural Resources of the Senate and the
            Committee on Resources of the House of Representatives a report
            that includes--
                        (A) the list of projects recommended for
                    implementation under paragraph (1)(A)(ii); and
                        (B) any findings of the Secretary with respect to--

    [[Page 123 STAT. 1308]]

                              (i) the study conducted under paragraph
                          (1)(A)(i);
                              (ii) the consideration of the factors under
                          paragraph (2)(B); and
                              (iii) the consultations under paragraph (3).
                (5) <<NOTE: Deadline.>>  Periodic review.--Not later than 4
            years after the date on which the Secretary submits the report
            under paragraph (4) and every 4 years thereafter, the Secretary,
            in consultation with each Rio Grande Pueblo, shall--
                        (A) review the report submitted under paragraph (4);
                    and
                        (B) update the list of projects described in
                    paragraph (4)(A) in accordance with each factor
                    described in paragraph (2)(B), as the Secretary
                    determines to be appropriate.

        (d)  Irrigation Infrastructure Grants.--
                (1) In general.--The Secretary may provide grants to, and
            enter into contracts or other agreements with, the Rio Grande
            Pueblos to plan, design, construct, or otherwise implement
            projects to repair, rehabilitate, reconstruct, or replace Pueblo
            irrigation infrastructure that are recommended for
            implementation under subsection (c)(1)(A)(ii)--
                        (A) to increase water use efficiency and
                    agricultural productivity for the benefit of a Rio
                    Grande Pueblo;
                        (B) to conserve water; or
                        (C) to otherwise enhance water management or help
                    avert water supply conflicts in the Rio Grande Basin.
                (2) Limitation.--Assistance provided under paragraph (1)
            shall not be used for--
                        (A) the repair, rehabilitation, or reconstruction of
                    any major impoundment structure; or
                        (B) any on-farm improvements.
                (3) Consultation.--In carrying out a project under paragraph
            (1), the Secretary shall--
                        (A) consult with, and obtain the approval of, the
                    applicable Rio Grande Pueblo;
                        (B) consult with the Director of the Bureau of
                    Indian Affairs; and
                        (C) as appropriate, coordinate the project with any
                    work being conducted under the irrigation operations and
                    maintenance program of the Bureau of Indian Affairs.
                (4) Cost-sharing requirement.--
                        (A) Federal share.--
                              (i) In general.--Except as provided in clause
                          (ii), the Federal share of the total cost of
                          carrying out a project under paragraph (1) shall
                          be not more than 75 percent.
                              (ii) <<NOTE: Waiver authority.>>  Exception.--
                          The Secretary may waive or limit the non-Federal
                          share required under clause (i) if the Secretary
                          determines, based on a demonstration of financial
                          hardship by the Rio Grande Pueblo, that the Rio
                          Grande Pueblo is unable to contribute the required
                          non-Federal share.
                        (B) District contributions.--
                              (i) In general.--The Secretary may accept from
                          the District a partial or total contribution
                          toward the non-Federal share required for a
                          project carried out under paragraph (1) on land
                          located in any of the

    [[Page 123 STAT. 1309]]

                          Six Middle Rio Grande Pueblos if the Secretary
                          determines that the project is a special project.
                              (ii) Limitation.--Nothing in clause (i)
                          requires the District to contribute to the non-
                          Federal share of the cost of a project carried out
                          under paragraph (1).
                        (C) State contributions.--
                              (i) In general.--The Secretary may accept from
                          the State a partial or total contribution toward
                          the non-Federal share for a project carried out
                          under paragraph (1).
                              (ii) Limitation.--Nothing in clause (i)
                          requires the State to contribute to the non-
                          Federal share of the cost of a project carried out
                          under paragraph (1).
                        (D) Form of non-federal share.--The non-Federal
                    share under subparagraph (A)(i) may be in the form of
                    in-kind contributions, including the contribution of any
                    valuable asset or service that the Secretary determines
                    would substantially contribute to a project carried out
                    under paragraph (1).
                (5) Operation and maintenance.--The Secretary may not use
            any amount made available under subsection (g)(2) to carry out
            the operation or maintenance of any project carried out under
            paragraph (1).

        (e) Effect on Existing Authority and Responsibilities.--Nothing in
    this section--
                (1) affects any existing project-specific funding authority;
            or
                (2) limits or absolves the United States from any
            responsibility to any Rio Grande Pueblo (including any
            responsibility arising from a trust relationship or from any
            Federal law (including regulations), Executive order, or
            agreement between the Federal Government and any Rio Grande
            Pueblo).

        (f) Effect on Pueblo Water Rights or State Water Law.--
                (1) Pueblo water rights.--Nothing in this section (including
            the implementation of any project carried out in accordance with
            this section) affects the right of any Pueblo to receive,
            divert, store, or claim a right to water, including the priority
            of right and the quantity of water associated with the water
            right under Federal or State law.
                (2) State water law.--Nothing in this section preempts or
            affects--
                        (A) State water law; or
                        (B) an interstate compact governing water.

        (g) Authorization of Appropriations.--
                (1) Study.--There is authorized to be appropriated to carry
            out subsection (c) $4,000,000.
                (2) Projects.--There is authorized to be appropriated to
            carry out subsection (d) $6,000,000 for each of fiscal years
            2010 through 2019.
    SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS.

        (a) Definitions.--Section 2 of Public Law 106-392 (114 Stat. 1602)
    is amended--
                (1) in paragraph (5), by inserting ``, rehabilitation, and
            repair'' after ``and replacement''; and

    [[Page 123 STAT. 1310]]

                (2) in paragraph (6), by inserting ``those for protection of
            critical habitat, those for preventing entrainment of fish in
            water diversions,'' after ``instream flows,''.

        (b) Authorization To Fund Recovery Programs.--Section 3 of Public
    Law 106-392 (114 Stat. 1603; 120 Stat. 290) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by striking ``$61,000,000''
                    and inserting ``$88,000,000'';
                        (B) in paragraph (2), by striking ``2010'' and
                    inserting ``2023''; and
                        (C) in paragraph (3), by striking ``2010'' and
                    inserting ``2023'';
                (2) in subsection (b)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``$126,000,000'' and inserting
                    ``$209,000,000'';
                        (B) in paragraph (1)--
                              (i) by striking ``$108,000,000'' and inserting
                          ``$179,000,000''; and
                              (ii) by striking ``2010'' and inserting
                          ``2023''; and
                        (C) in paragraph (2)--
                              (i) by striking ``$18,000,000'' and inserting
                          ``$30,000,000''; and
                              (ii) by striking ``2010'' and inserting
                          ``2023''; and
                (3) in subsection (c)(4), by striking ``$31,000,000'' and
            inserting ``$87,000,000''.
    SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA.

        (a) Definitions.--In this section:
                (1) District.--The term ``District'' means the Fallbrook
            Public Utility District, San Diego County, California.
                (2) Project.--The term ``Project'' means the impoundment,
            recharge, treatment, and other facilities the construction,
            operation, watershed management, and maintenance of which is
            authorized under subsection (b).
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (b) Authorization for Construction of Santa Margarita River
    Project.--
                (1) Authorization.--The Secretary, acting pursuant to
            Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388,
            chapter 1093), and Acts supplemental to and amendatory of that
            Act (43 U.S.C. 371 et seq.), to the extent that law is not
            inconsistent with this section, may construct, operate, and
            maintain the Project substantially in accordance with the final
            feasibility report and environmental reviews for the Project and
            this section.
                (2) Conditions.--The Secretary may construct the Project
            only after the Secretary determines that the following
            conditions have occurred:
                        (A)(i) <<NOTE: Contracts.>>  The District and the
                    Secretary of the Navy have entered into contracts under
                    subsections (c)(2) and (e) of section 9 of the
                    Reclamation Project Act of 1939 (43 U.S.C. 485h) to
                    repay to the United States equitable and appropriate
                    portions, as determined by the Secretary, of the actual
                    costs of constructing, operating, and maintaining the
                    Project.

    [[Page 123 STAT. 1311]]

                        (ii) As an alternative to a repayment contract with
                    the Secretary of the Navy described in clause (i), the
                    Secretary may allow the Secretary of the Navy to satisfy
                    all or a portion of the repayment obligation for
                    construction of the Project on the payment of the share
                    of the Secretary of the Navy prior to the initiation of
                    construction, subject to a final cost allocation as
                    described in subsection (c).
                        (B) <<NOTE: Permits.>>  The officer or agency of the
                    State of California authorized by law to grant permits
                    for the appropriation of water has granted the permits
                    to the Bureau of Reclamation for the benefit of the
                    Secretary of the Navy and the District as permittees for
                    rights to the use of water for storage and diversion as
                    provided in this section, including approval of all
                    requisite changes in points of diversion and storage,
                    and purposes and places of use.
                        (C)(i) The District has agreed--
                              (I) to not assert against the United States
                          any prior appropriative right the District may
                          have to water in excess of the quantity
                          deliverable to the District under this section;
                          and
                              (II) to share in the use of the waters
                          impounded by the Project on the basis of equal
                          priority and in accordance with the ratio
                          prescribed in subsection (d)(2).
                        (ii) The agreement and waiver under clause (i) and
                    the changes in points of diversion and storage under
                    subparagraph (B)--
                              (I) shall become effective and binding only
                          when the Project has been completed and put into
                          operation; and
                              (II) may be varied by agreement between the
                          District and the Secretary of the Navy.
                        (D) The Secretary has determined that the Project
                    has completed applicable economic, environmental, and
                    engineering feasibility studies.

        (c) Costs.--
                (1) In general.--As determined by a final cost allocation
            after completion of the construction of the Project, the
            Secretary of the Navy shall be responsible to pay upfront or
            repay to the Secretary only that portion of the construction,
            operation, and maintenance costs of the Project that the
            Secretary and the Secretary of the Navy determine reflects the
            extent to which the Department of the Navy benefits from the
            Project.
                (2) Other contracts.--Notwithstanding paragraph (1), the
            Secretary may enter into a contract with the Secretary of the
            Navy for the impoundment, storage, treatment, and carriage of
            prior rights water for domestic, municipal, fish and wildlife,
            industrial, and other beneficial purposes using Project
            facilities.

        (d) Operation; Yield Allotment; Delivery.--
                (1) Operation.--The Secretary, the District, or a third
            party (consistent with subsection (f)) may operate the Project,
            subject to a memorandum of agreement between the Secretary, the
            Secretary of the Navy, and the District and under regulations
            satisfactory to the Secretary of the Navy with respect to the
            share of the Project of the Department of the Navy.

    [[Page 123 STAT. 1312]]

                (2) Yield allotment.--Except as otherwise agreed between the
            parties, the Secretary of the Navy and the District shall
            participate in the Project yield on the basis of equal priority
            and in accordance with the following ratio:
                        (A) 60 percent of the yield of the Project is
                    allotted to the Secretary of the Navy.
                        (B) 40 percent of the yield of the Project is
                    allotted to the District.
                (3) Contracts for delivery of excess water.--
                        (A) Excess water available to other persons.--If the
                    Secretary of the Navy certifies to the official agreed
                    on to administer the Project that the Department of the
                    Navy does not have immediate need for any portion of the
                    60 percent of the yield of the Project allotted to the
                    Secretary of the Navy under paragraph (2), the official
                    may enter into temporary contracts for the sale and
                    delivery of the excess water.
                        (B) First right for excess water.--The first right
                    to excess water made available under subparagraph (A)
                    shall be given the District, if otherwise consistent
                    with the laws of the State of California.
                        (C) <<NOTE: Notice.>>  Condition of contracts.--Each
                    contract entered into under subparagraph (A) for the
                    sale and delivery of excess water shall include a
                    condition that the Secretary of the Navy has the right
                    to demand the water, without charge and without
                    obligation on the part of the United States, after 30
                    days notice.
                        (D) Modification of rights and obligations.--The
                    rights and obligations of the United States and the
                    District regarding the ratio, amounts, definition of
                    Project yield, and payment for excess water may be
                    modified by an agreement between the parties.
                (4) Consideration.--
                        (A) Deposit of funds.--
                              (i) In general.--Amounts paid to the United
                          States under a contract entered into under
                          paragraph (3) shall be--
                                        (I) deposited in the special account
                                    established for the Department of the
                                    Navy under section 2667(e)(1) of title
                                    10, United States Code; and
                                        (II) shall be available for the
                                    purposes specified in section
                                    2667(e)(1)(C) of that title.
                              (ii) Exception.--Section 2667(e)(1)(D) of
                          title 10, United States Code, shall not apply to
                          amounts deposited in the special account pursuant
                          to this paragraph.
                        (B) In-kind consideration.--In lieu of monetary
                    consideration under subparagraph (A), or in addition to
                    monetary consideration, the Secretary of the Navy may
                    accept in-kind consideration in a form and quantity that
                    is acceptable to the Secretary of the Navy, including--
                              (i) maintenance, protection, alteration,
                          repair, improvement, or restoration (including
                          environmental restoration) of property or
                          facilities of the Department of the Navy;
                              (ii) construction of new facilities for the
                          Department of the Navy;

    [[Page 123 STAT. 1313]]

                              (iii) provision of facilities for use by the
                          Department of the Navy;
                              (iv) facilities operation support for the
                          Department of the Navy; and
                              (v) provision of such other services as the
                          Secretary of the Navy considers appropriate.
                        (C) Relation to other laws.--Sections 2662 and 2802
                    of title 10, United States Code, shall not apply to any
                    new facilities the construction of which is accepted as
                    in-kind consideration under this paragraph.
                        (D) Congressional notification.--If the in-kind
                    consideration proposed to be provided under a contract
                    to be entered into under paragraph (3) has a value in
                    excess of $500,000, the contract may not be entered into
                    until the earlier of--
                              (i) <<NOTE: Reports.>>  the end of the 30-day
                          period beginning on the date on which the
                          Secretary of the Navy submits to the Committee on
                          Armed Services of the Senate and the Committee on
                          Armed Services of the House of Representatives a
                          report describing the contract and the form and
                          quantity of the in-kind consideration; or
                              (ii) the end of the 14-day period beginning on
                          the date on which a copy of the report referred to
                          in clause (i) is provided in an electronic medium
                          pursuant to section 480 of title 10, United States
                          Code.

        (e) Repayment Obligation of the District.--
                (1) Determination.--
                        (A) In general.--Except as otherwise provided in
                    this paragraph, the general repayment obligation of the
                    District shall be determined by the Secretary consistent
                    with subsections (c)(2) and (e) of section 9 of the
                    Reclamation Project Act of 1939 (43 U.S.C. 485h) to
                    repay to the United States equitable and appropriate
                    portions, as determined by the Secretary, of the actual
                    costs of constructing, operating, and maintaining the
                    Project.
                        (B) Groundwater.--For purposes of calculating
                    interest and determining the time when the repayment
                    obligation of the District to the United States
                    commences, the pumping and treatment of groundwater from
                    the Project shall be deemed equivalent to the first use
                    of water from a water storage project.
                        (C) Contracts for delivery of excess water.--There
                    shall be no repayment obligation under this subsection
                    for water delivered to the District under a contract
                    described in subsection (d)(3).
                (2) Modification of rights and obligation by agreement.--The
            rights and obligations of the United States and the District
            regarding the repayment obligation of the District may be
            modified by an agreement between the parties.

        (f) Transfer of Care, Operation, and Maintenance.--
                (1) In general.--The Secretary may transfer to the District,
            or a mutually agreed upon third party, the care, operation, and
            maintenance of the Project under conditions that are--
                        (A) satisfactory to the Secretary and the District;
                    and

    [[Page 123 STAT. 1314]]

                        (B) with respect to the portion of the Project that
                    is located within the boundaries of Camp Pendleton,
                    satisfactory to the Secretary, the District, and the
                    Secretary of the Navy.
                (2) Equitable credit.--
                        (A) In general.--In the event of a transfer under
                    paragraph (1), the District shall be entitled to an
                    equitable credit for the costs associated with the
                    proportionate share of the Secretary of the operation
                    and maintenance of the Project.
                        (B) Application.--The amount of costs described in
                    subparagraph (A) shall be applied against the
                    indebtedness of the District to the United States.

        (g) Scope of Section.--
                (1) <<NOTE: Applicability.>>  In general.--Except as
            otherwise provided in this section, for the purpose of this
            section, the laws of the State of California shall apply to the
            rights of the United States pertaining to the use of water under
            this section.
                (2) Limitations.--Nothing in this section--
                        (A) provides a grant or a relinquishment by the
                    United States of any rights to the use of water that the
                    United States acquired according to the laws of the
                    State of California, either as a result of the
                    acquisition of the land comprising Camp Joseph H.
                    Pendleton and adjoining naval installations, and the
                    rights to the use of water as a part of that
                    acquisition, or through actual use or prescription or
                    both since the date of that acquisition, if any;
                        (B) creates any legal obligation to store any water
                    in the Project, to the use of which the United States
                    has those rights;
                        (C) requires the division under this section of
                    water to which the United States has those rights; or
                        (D) constitutes a recognition of, or an admission by
                    the United States that, the District has any rights to
                    the use of water in the Santa Margarita River, which
                    rights, if any, exist only by virtue of the laws of the
                    State of California.

        (h) Limitations on Operation and Administration.--Unless otherwise
    agreed by the Secretary of the Navy, the Project--
                (1) shall be operated in a manner which allows the free
            passage of all of the water to the use of which the United
            States is entitled according to the laws of the State of
            California either as a result of the acquisition of the land
            comprising Camp Joseph H. Pendleton and adjoining naval
            installations, and the rights to the use of water as a part of
            those acquisitions, or through actual use or prescription, or
            both, since the date of that acquisition, if any; and
                (2) shall not be administered or operated in any way that
            will impair or deplete the quantities of water the use of which
            the United States would be entitled under the laws of the State
            of California had the Project not been built.

        (i) Reports to Congress.--Not later than 2 years after the date of
    the enactment of this Act and periodically thereafter, the Secretary and
    the Secretary of the Navy shall each submit to the appropriate
    committees of Congress reports that describe whether the conditions
    specified in subsection (b)(2) have been met and if so, the manner in
    which the conditions were met.

    [[Page 123 STAT. 1315]]

        (j) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section--
                (1) $60,000,000, as adjusted to reflect the engineering
            costs indices for the construction cost of the Project; and
                (2) such sums as are necessary to operate and maintain the
            Project.

        (k) Sunset.--The authority of the Secretary to complete construction
    of the Project shall terminate on the date that is 10 years after the
    date of enactment of this Act.
    SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT.

        (a) In General.--The Reclamation Wastewater and Groundwater Study
    and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
    seq.) (as amended by section 9104(a)) is amended by adding at the end
    the following:
    ``SEC. 1650. <<NOTE: 43 USC 390h-33.>>  ELSINORE VALLEY MUNICIPAL
                              WATER DISTRICT PROJECTS, CALIFORNIA.

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

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

    SEC. 9110. NORTH BAY WATER REUSE AUTHORITY.

        (a) Project Authorization.--The Reclamation Wastewater and
    Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43
    U.S.C. 390h et seq.) (as amended by section 9109(a)) is amended by
    adding at the end the following:
    ``SEC. 1651. <<NOTE: 43 USC 390h-34.>>  NORTH BAY WATER REUSE
                              PROGRAM.

        ``(a) Definitions.--In this section:
                ``(1) Eligible entity.--The term `eligible entity' means a
            member agency of the North Bay Water Reuse Authority of the
            State located in the North San Pablo Bay watershed in--
                        ``(A) Marin County;
                        ``(B) Napa County;
                        ``(C) Solano County; or
                        ``(D) Sonoma County.
                ``(2) Water reclamation and reuse project.--The term `water
            reclamation and reuse project' means a project carried out by
            the Secretary and an eligible entity in the North San Pablo Bay
            watershed relating to--

    [[Page 123 STAT. 1316]]

                        ``(A) water quality improvement;
                        ``(B) wastewater treatment;
                        ``(C) water reclamation and reuse;
                        ``(D) groundwater recharge and protection;
                        ``(E) surface water augmentation; or
                        ``(F) other related improvements.
                ``(3) State.--The term `State' means the State of
            California.

        ``(b) North Bay Water Reuse Program.--
                ``(1) In general.--Contingent upon a finding of feasibility,
            the Secretary, acting through a cooperative agreement with the
            State or a subdivision of the State, is authorized to enter into
            cooperative agreements with eligible entities for the planning,
            design, and construction of water reclamation and reuse
            facilities and recycled water conveyance and distribution
            systems.
                ``(2) Coordination with other federal agencies.--In carrying
            out this section, the Secretary and the eligible entity shall,
            to the maximum extent practicable, use the design work and
            environmental evaluations initiated by--
                        ``(A) non-Federal entities; and
                        ``(B) the Corps of Engineers in the San Pablo Bay
                    Watershed of the State.
                ``(3) Phased project.--A cooperative agreement described in
            paragraph (1) shall require that the North Bay Water Reuse
            Program carried out under this section shall consist of 2 phases
            as follows:
                        ``(A) First phase.--During the first phase, the
                    Secretary and an eligible entity shall complete the
                    planning, design, and construction of the main treatment
                    and main conveyance systems.
                        ``(B) Second phase.--During the second phase, the
                    Secretary and an eligible entity shall complete the
                    planning, design, and construction of the sub-regional
                    distribution systems.
                ``(4) Cost sharing.--
                        ``(A) Federal share.--The Federal share of the cost
                    of the first phase of the project authorized by this
                    section shall not exceed 25 percent of the total cost of
                    the first phase of the project.
                        ``(B) Form of non-federal share.--The non-Federal
                    share may be in the form of any in-kind services that
                    the Secretary determines would contribute substantially
                    toward the completion of the water reclamation and reuse
                    project, including--
                              ``(i) reasonable costs incurred by the
                          eligible entity relating to the planning, design,
                          and construction of the water reclamation and
                          reuse project; and
                              ``(ii) the acquisition costs of land acquired
                          for the project that is--
                                        ``(I) used for planning, design, and
                                    construction of the water reclamation
                                    and reuse project facilities; and
                                        ``(II) owned by an eligible entity
                                    and directly related to the project.
                        ``(C) Limitation.--The Secretary shall not provide
                    funds for the operation and maintenance of the project
                    authorized by this section.

    [[Page 123 STAT. 1317]]

                ``(5) Effect.--Nothing in this section--
                        ``(A) affects or preempts--
                              ``(i) State water law; or
                              ``(ii) an interstate compact relating to the
                          allocation of water; or
                        ``(B) confers on any non-Federal entity the ability
                    to exercise any Federal right to--
                              ``(i) the water of a stream; or
                              ``(ii) any groundwater resource.
                ``(6) Authorization of appropriations.--There is authorized
            to be appropriated for the Federal share of the total cost of
            the first phase of the project authorized by this section
            $25,000,000, to remain available until expended.''.

        (b) Conforming Amendment.--The table of sections in section 2 of
    Public Law 102-575 (as amended by section 9109(b)) is amended by
    inserting after the item relating to section 1650 the following:

            ``Sec. 1651. North Bay water reuse program.''.
    SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT,
                              CALIFORNIA.

        (a) Prado Basin Natural Treatment System Project.--
                (1) In general.--The Reclamation Wastewater and Groundwater
            Study and Facilities Act (Public Law 102-575, title XVI; 43
            U.S.C. 390h et seq.) (as amended by section 9110(a)) is amended
            by adding at the end the following:
    ``SEC. 1652. <<NOTE: 43 USC 390h-35.>>  PRADO BASIN NATURAL
                              TREATMENT SYSTEM PROJECT.

        ``(a) In General.--The Secretary, in cooperation with the Orange
    County Water District, shall participate in the planning, design, and
    construction of natural treatment systems and wetlands for the flows of
    the Santa Ana River, California, and its tributaries into the Prado
    Basin.
        ``(b) Cost Sharing.--The Federal share of the cost of the project
    described in subsection (a) shall not exceed 25 percent of the total
    cost of the project.
        ``(c) Limitation.--Funds provided by the Secretary shall not be used
    for the operation and maintenance of the project described in subsection
    (a).
        ``(d) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $10,000,000.
        ``(e) Sunset of Authority.--This section shall have no effect after
    the date that is 10 years after the date of the enactment of this
    section.''.
                (2) Conforming amendment.--The table of sections in section
            2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by
            section 9110(b)) is amended by inserting after the last item the
            following:

    ``1652. Prado Basin Natural Treatment System Project.''.

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

    [[Page 123 STAT. 1318]]

    ``SEC. 1653. <<NOTE: 43 USC 390h-36.>>  LOWER CHINO DAIRY AREA
                              DESALINATION DEMONSTRATION AND
                              RECLAMATION PROJECT.

        ``(a) In General.--The Secretary, in cooperation with the Chino
    Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana
    Watershed Project Authority and acting under the Federal reclamation
    laws, shall participate in the design, planning, and construction of the
    Lower Chino Dairy Area desalination demonstration and reclamation
    project.
        ``(b) Cost Sharing.--The Federal share of the cost of the project
    described in subsection (a) shall not exceed--
                ``(1) 25 percent of the total cost of the project; or
                ``(2) $26,000,000.

        ``(c) Limitation.--Funds provided by the Secretary shall not be used
    for operation or maintenance of the project described in subsection (a).
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
        ``(e) Sunset of Authority.--This section shall have no effect after
    the date that is 10 years after the date of the enactment of this
    section.''.
                (2) Conforming amendment.--The table of sections in section
            2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by
            subsection (a)(2)) is amended by inserting after the last item
            the following:

    ``1653. Lower Chino dairy area desalination demonstration and
               reclamation project.''.

        (c) Orange County Regional Water Reclamation Project.--Section 1624
    of the Reclamation Wastewater and Groundwater Study and Facilities Act
    (Public Law 102-575, title XVI; 43 U.S.C. 390h-12j) is amended--
                (1) in the section heading, by striking the words ``phase 1
            of the''; and
                (2) in subsection (a), by striking ``phase 1 of''.
    SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA.

        (a) Definitions.--In this section:
                (1) District.--The term ``District'' means the Western
            Municipal Water District, Riverside County, California.
                (2) Project.--
                        (A) In general.--The term ``Project'' means the
                    Riverside-Corona Feeder Project.
                        (B) Inclusions.--The term ``Project'' includes--
                              (i) 20 groundwater wells;
                              (ii) groundwater treatment facilities;
                              (iii) water storage and pumping facilities;
                          and
                              (iv) 28 miles of pipeline in San Bernardino
                          and Riverside Counties in the State of California.
                        (C) Secretary.--The term ``Secretary'' means the
                    Secretary of the Interior.

        (b) Planning, Design, and Construction of Riverside-Corona Feeder.--
                (1) In general.--The Secretary, in cooperation with the
            District, may participate in the planning, design, and
            construction of the Project.

    [[Page 123 STAT. 1319]]

                (2) Agreements and regulations.--The Secretary may enter
            into such agreements and promulgate such regulations as are
            necessary to carry out this subsection.
                (3) Federal share.--
                        (A) Planning, design, construction.--The Federal
                    share of the cost to plan, design, and construct the
                    Project shall not exceed the lesser of--
                              (i) an amount equal to 25 percent of the total
                          cost of the Project; and
                              (ii) $26,000,000.
                        (B) Studies.--The Federal share of the cost to
                    complete the necessary planning studies associated with
                    the Project--
                              (i) shall not exceed an amount equal to 50
                          percent of the total cost of the studies; and
                              (ii) shall be included as part of the
                          limitation described in subparagraph (A).
                (4) In-kind services.--The non-Federal share of the cost of
            the Project may be provided in cash or in kind.
                (5) Limitation.--Funds provided by the Secretary under this
            subsection shall not be used for operation or maintenance of the
            Project.
                (6) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary to carry out this subsection
            the lesser of--
                        (A) an amount equal to 25 percent of the total cost
                    of the Project; and
                        (B) $26,000,000.
    SEC. 9113. GREAT PROJECT, CALIFORNIA.

        (a) In General.--The Reclamation Wastewater and Groundwater Study
    and Facilities Act (title XVI of Public Law 102-575; 43 U.S.C. 390h et
    seq.) (as amended by section 9111(b)(1)) is amended by adding at the end
    the following:
    ``SEC. 1654. <<NOTE: 43 USC 390h-37.>>  OXNARD, CALIFORNIA, WATER
                              RECLAMATION, REUSE, AND TREATMENT
                              PROJECT.

        ``(a) Authorization.--The Secretary, in cooperation with the City of
    Oxnard, California, may participate in the design, planning, and
    construction of Phase I permanent facilities for the GREAT project to
    reclaim, reuse, and treat impaired water in the area of Oxnard,
    California.
        ``(b) Cost Share.--The Federal share of the costs of the project
    described in subsection (a) shall not exceed 25 percent of the total
    cost.
        ``(c) Limitation.--The Secretary shall not provide funds for the
    following:
                ``(1) The operations and maintenance of the project
            described in subsection (a).
                ``(2) The construction, operations, and maintenance of the
            visitor's center related to the project described in subsection
            (a).

        ``(d) Sunset of Authority.--The authority of the Secretary to carry
    out any provisions of this section shall terminate 10 years after the
    date of the enactment of this section.''.
        (b) Clerical Amendment.--The table of sections in section 2 of the
    Reclamation Projects Authorization and Adjustment Act

    [[Page 123 STAT. 1320]]

    of 1992 (as amended by section 9111(b)(2)) is amended by inserting after
    the last item the following:

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

    SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA.

        (a) In General.--The Reclamation Wastewater and Groundwater Study
    and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
    seq.) (as amended by section 9113(a)) is amended by adding at the end
    the following:
    ``SEC. 1655. <<NOTE: 43 USC 390h-38.>>  YUCAIPA VALLEY REGIONAL
                              WATER SUPPLY RENEWAL PROJECT.

        ``(a) Authorization.--The Secretary, in cooperation with the Yucaipa
    Valley Water District, may participate in the design, planning, and
    construction of projects to treat impaired surface water, reclaim and
    reuse impaired groundwater, and provide brine disposal within the Santa
    Ana Watershed as described in the report submitted under section 1606.
        ``(b) Cost Sharing.--The Federal share of the cost of the project
    described in subsection (a) shall not exceed 25 percent of the total
    cost of the project.
        ``(c) Limitation.--Funds provided by the Secretary shall not be used
    for operation or maintenance of the project described in subsection (a).
        ``(d) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $20,000,000.
    ``SEC. 1656. <<NOTE: 43 USC 390h-39.>>  CITY OF CORONA WATER
                              UTILITY, CALIFORNIA, WATER RECYCLING AND
                              REUSE PROJECT.

        ``(a) Authorization.--The Secretary, in cooperation with the City of
    Corona Water Utility, California, is authorized to participate in the
    design, planning, and construction of, and land acquisition for, a
    project to reclaim and reuse wastewater, including degraded
    groundwaters, within and outside of the service area of the City of
    Corona Water Utility, California.
        ``(b) Cost Share.--The Federal share of the cost of the project
    authorized by this section shall not exceed 25 percent of the total cost
    of the project.
        ``(c) Limitation.--The Secretary shall not provide funds for the
    operation and maintenance of the project authorized by this section.''.
        (b) Conforming Amendments.--The table of sections in section 2 of
    Public Law 102-575 (as amended by section 9114(b)) is amended by
    inserting after the last item the following:

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

    SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO.

        (a) Cost Share.--The first section of Public Law 87-590 (76 Stat.
    389) is <<NOTE: 43 USC 616.>>  amended in the second sentence of
    subsection (c) by inserting after ``cost thereof,'' the following: ``or
    in the case of the Arkansas Valley Conduit, payment in an amount equal
    to 35 percent of the cost of the conduit that is comprised of revenue
    generated by payments pursuant to a repayment contract and revenue that
    may be derived from contracts for the use of Fryingpan-Arkansas project
    excess capacity or exchange contracts using Fryingpan-Arkansas project
    facilities,''.

    [[Page 123 STAT. 1321]]

        (b) <<NOTE: 43 USC 616a.>>  Rates.--Section 2(b) of Public Law 87-
    590 (76 Stat. 390) is amended--
                (1) by striking ``(b) Rates'' and inserting the following:

        ``(b) Rates.--
                ``(1) In general.--Rates''; and
                (2) by adding at the end the following:
                ``(2) Ruedi dam and reservoir, fountain valley pipeline, and
            south outlet works at pueblo dam and reservoir.--
                        ``(A) In general.--Notwithstanding the reclamation
                    laws, until the date on which the payments for the
                    Arkansas Valley Conduit under paragraph (3) begin, any
                    revenue that may be derived from contracts for the use
                    of Fryingpan-Arkansas project excess capacity or
                    exchange contracts using Fryingpan-Arkansas project
                    facilities shall be credited towards payment of the
                    actual cost of Ruedi Dam and Reservoir, the Fountain
                    Valley Pipeline, and the South Outlet Works at Pueblo
                    Dam and Reservoir plus interest in an amount determined
                    in accordance with this section.
                        ``(B) Effect.--Nothing in the Federal reclamation
                    law (the Act of June 17, 1902 (32 Stat. 388, chapter
                    1093), and Acts supplemental to and amendatory of that
                    Act (43 U.S.C. 371 et seq.)) prohibits the concurrent
                    crediting of revenue (with interest as provided under
                    this section) towards payment of the Arkansas Valley
                    Conduit as provided under this paragraph.
                ``(3) Arkansas valley conduit.--
                        ``(A) Use of revenue.--Notwithstanding the
                    reclamation laws, any revenue derived from contracts for
                    the use of Fryingpan-Arkansas project excess capacity or
                    exchange contracts using Fryingpan-Arkansas project
                    facilities shall be credited towards payment of the
                    actual cost of the Arkansas Valley Conduit plus interest
                    in an amount determined in accordance with this section.
                        ``(B) Adjustment of rates.--Any rates charged under
                    this section for water for municipal, domestic, or
                    industrial use or for the use of facilities for the
                    storage or delivery of water shall be adjusted to
                    reflect the estimated revenue derived from contracts for
                    the use of Fryingpan-Arkansas project excess capacity or
                    exchange contracts using Fryingpan-Arkansas project
                    facilities.''.

        (c) Authorization of Appropriations.--Section 7 of Public Law 87-590
    (76 Stat. 393) is <<NOTE: 43 USC 616f.>>  amended--
                (1) by striking ``Sec. 7. There is hereby'' and inserting
            the following:
    ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

        ``(a) In General.--There is''; and
                (2) by adding at the end the following:

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

    [[Page 123 STAT. 1322]]

                 Subtitle C--Title Transfers and Clarifications

    SEC. 9201. <<NOTE: Oklahoma.>>  TRANSFER OF MCGEE CREEK PIPELINE
                              AND FACILITIES.

        (a) Definitions.--In this section:
                (1) Agreement.--The term ``Agreement'' means the agreement
            numbered 06-AG-60-2115 and entitled ``Agreement Between the
            United States of America and McGee Creek Authority for the
            Purpose of Defining Responsibilities Related to and Implementing
            the Title Transfer of Certain Facilities at the McGee Creek
            Project, Oklahoma''.
                (2) Authority.--The term ``Authority'' means the McGee Creek
            Authority located in Oklahoma City, Oklahoma.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (b) Conveyance of Mcgee Creek Project Pipeline and Associated
    Facilities.--
                (1) Authority to convey.--
                        (A) In general.--In accordance with all applicable
                    laws and consistent with any terms and conditions
                    provided in the Agreement, the Secretary may convey to
                    the Authority all right, title, and interest of the
                    United States in and to the pipeline and any associated
                    facilities described in the Agreement, including--
                              (i) the pumping plant;
                              (ii) the raw water pipeline from the McGee
                          Creek pumping plant to the rate of flow control
                          station at Lake Atoka;
                              (iii) the surge tank;
                              (iv) the regulating tank;
                              (v) the McGee Creek operation and maintenance
                          complex, maintenance shop, and pole barn; and
                              (vi) any other appurtenances, easements, and
                          fee title land associated with the facilities
                          described in clauses (i) through (v), in
                          accordance with the Agreement.
                        (B) Exclusion of mineral estate from conveyance.--
                              (i) In general.--The mineral estate shall be
                          excluded from the conveyance of any land or
                          facilities under subparagraph (A).
                              (ii) Management.--Any mineral interests
                          retained by the United States under this section
                          shall be managed--
                                        (I) consistent with Federal law; and
                                        (II) in a manner that would not
                                    interfere with the purposes for which
                                    the McGee Creek Project was authorized.
                        (C) Compliance with agreement; applicable law.--
                              (i) Agreement.--All parties to the conveyance
                          under subparagraph (A) shall comply with the terms
                          and conditions of the Agreement, to the extent
                          consistent with this section.
                              (ii) Applicable law.--Before any conveyance
                          under subparagraph (A), the Secretary shall
                          complete any actions required under--

    [[Page 123 STAT. 1323]]

                                        (I) the National Environmental
                                    Policy Act of 1969 (42 U.S.C. 4321 et
                                    seq.);
                                        (II) the Endangered Species Act of
                                    1973 (16 U.S.C. 1531 et seq.);
                                        (III) the National Historic
                                    Preservation Act (16 U.S.C. 470 et
                                    seq.); and
                                        (IV) any other applicable laws.
                (2) Operation of transferred facilities.--
                        (A) In general.--On the conveyance of the land and
                    facilities under paragraph (1)(A), the Authority shall
                    comply with all applicable Federal, State, and local
                    laws (including regulations) in the operation of any
                    transferred facilities.
                        (B) Operation and maintenance costs.--
                              (i) In general.--After the conveyance of the
                          land and facilities under paragraph (1)(A) and
                          consistent with the Agreement, the Authority shall
                          be responsible for all duties and costs associated
                          with the operation, replacement, maintenance,
                          enhancement, and betterment of the transferred
                          land and facilities.
                              (ii) Limitation on funding.--The Authority
                          shall not be eligible to receive any Federal
                          funding to assist in the operation, replacement,
                          maintenance, enhancement, and betterment of the
                          transferred land and facilities, except for
                          funding that would be available to any comparable
                          entity that is not subject to reclamation laws.
                (3) Release from liability.--
                        (A) <<NOTE: Effective date.>>  In general.--
                    Effective beginning on the date of the conveyance of the
                    land and facilities under paragraph (1)(A), the United
                    States shall not be liable for damages of any kind
                    arising out of any act, omission, or occurrence relating
                    to any land or facilities conveyed, except for damages
                    caused by acts of negligence committed by the United
                    States (including any employee or agent of the United
                    States) before the date of the conveyance.
                        (B) No additional liability.--Nothing in this
                    paragraph adds to any liability that the United States
                    may have under chapter 171 of title 28, United States
                    Code.
                (4) Contractual obligations.--
                        (A) In general.--Except as provided in subparagraph
                    (B), any rights and obligations under the contract
                    numbered 0-07-50-X0822 and dated October 11, 1979,
                    between the Authority and the United States for the
                    construction, operation, and maintenance of the McGee
                    Creek Project, shall remain in full force and effect.
                        (B) Amendments.--With the consent of the Authority,
                    the Secretary may amend the contract described in
                    subparagraph (A) to reflect the conveyance of the land
                    and facilities under paragraph (1)(A).
                (5) Applicability of the reclamation laws.--Notwithstanding
            the conveyance of the land and facilities under paragraph
            (1)(A), the reclamation laws shall continue to apply to any
            project water provided to the Authority.

    [[Page 123 STAT. 1324]]

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

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

    [[Page 123 STAT. 1325]]

            Stat. 1175) and the Flood Control Act of 1950 (Public Law 81-
            516; 64 Stat. 170).
                (5) San gabriel park.--The term ``San Gabriel Park'' means
            the tract of land containing 40.2236 acres, more or less,
            situated within Section 12 and Section 13, T10N, R2E, N.M.P.M.,
            City of Albuquerque, Bernalillo County, New Mexico, and
            described by New Mexico State Plane Grid Bearings (Central Zone)
            and ground distances in a Special Warranty Deed conveying the
            property from MRGCD to the City, dated November 25, 1997.
                (6) Tingley beach.--The term ``Tingley Beach'' means the
            tract of land containing 25.2005 acres, more or less, situated
            within Section 13 and Section 24, T10N, R2E, and secs. 18 and
            19, T10N, R3E, N.M.P.M., City of Albuquerque, Bernalillo County,
            New Mexico, and described by New Mexico State Plane Grid
            Bearings (Central Zone) and ground distances in a Special
            Warranty Deed conveying the property from MRGCD to the City,
            dated November 25, 1997.

        (c) Clarification of Property Interest.--
                (1) Required action.--The Secretary of the Interior shall
            issue a quitclaim deed conveying any right, title, and interest
            the United States may have in and to Tingley Beach, San Gabriel
            Park, and the BioPark Parcels to the City.
                (2) Timing.--The Secretary shall carry out the action in
            paragraph (1) as soon as practicable after the date of enactment
            of this Act and in accordance with all applicable law.
                (3) No additional payment.--The City shall not be required
            to pay any additional costs to the United States for the value
            of San Gabriel Park, Tingley Beach, and the BioPark Parcels.

        (d) Other Rights, Title, and Interests Unaffected.--
                (1) In general.--Except as expressly provided in subsection
            (c), nothing in this section shall be construed to affect any
            right, title, or interest in and to any land associated with the
            Middle Rio Grande Project.
                (2) Ongoing litigation.--Nothing contained in this section
            shall be construed or utilized to affect or otherwise interfere
            with any position set forth by any party in the lawsuit pending
            before the United States District Court for the District of New
            Mexico, 99-CV-01320-JAP-RHS, entitled Rio Grande Silvery Minnow
            v. John W. Keys, III, concerning the right, title, or interest
            in and to any property associated with the Middle Rio Grande
            Project.
    SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM,
                              CALIFORNIA.

        (a) Definitions.--In this section:
                (1) Agreement.--The term ``Agreement'' means Agreement No.
            07-LC-20-9387 between the United States and the District,
            entitled ``Agreement Between the United States and the Goleta
            Water District to Transfer Title of the Federally Owned
            Distribution System to the Goleta Water District''.
                (2) District.--The term ``District'' means the Goleta Water
            District, located in Santa Barbara County, California.
                (3) Goleta water distribution system.--The term ``Goleta
            Water Distribution System'' means the facilities constructed by
            the United States to enable the District to convey

    [[Page 123 STAT. 1326]]

            water to its water users, and associated lands, as described in
            Appendix A of the Agreement.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

        (b) Conveyance of the Goleta Water Distribution System.--The
    Secretary is authorized to convey to the District all right, title, and
    interest of the United States in and to the Goleta Water Distribution
    System of the Cachuma Project, California, subject to valid existing
    rights and consistent with the terms and conditions set forth in the
    Agreement.
        (c) <<NOTE: Effective date.>>  Liability.--Effective upon the date
    of the conveyance authorized by subsection (b), the United States shall
    not be held liable by any court for damages of any kind arising out of
    any act, omission, or occurrence relating to the lands, buildings, or
    facilities conveyed under this section, except for damages caused by
    acts of negligence committed by the United States or by its employees or
    agents prior to the date of conveyance. Nothing in this section
    increases the liability of the United States beyond that provided in
    chapter 171 of title 28, United States Code (popularly known as the
    Federal Tort Claims Act).

        (d) Benefits.--After conveyance of the Goleta Water Distribution
    System under this section--
                (1) such distribution system shall not be considered to be a
            part of a Federal reclamation project; and
                (2) the District shall not be eligible to receive any
            benefits with respect to any facility comprising the Goleta
            Water Distribution System, except benefits that would be
            available to a similarly situated entity with respect to
            property that is not part of a Federal reclamation project.

        (e) Compliance With Other Laws.--
                (1) Compliance with environmental and historic preservation
            laws.--Prior to any conveyance under this section, the Secretary
            shall complete all actions required under the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
            Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
            National Historic Preservation Act (16 U.S.C. 470 et seq.), and
            all other applicable laws.
                (2) Compliance by the district.--Upon the conveyance of the
            Goleta Water Distribution System under this section, the
            District shall comply with all applicable Federal, State, and
            local laws and regulations in its operation of the facilities
            that are transferred.
                (3) Applicable authority.--All provisions of Federal
            reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et
            seq.) and Acts supplemental to and amendatory of that Act) shall
            continue to be applicable to project water provided to the
            District.

        (f) Report.--If, 12 months after the date of the enactment of this
    Act, the Secretary has not completed the conveyance required under
    subsection (b), the Secretary shall complete a report that states the
    reason the conveyance has not been completed and the date by which the
    conveyance shall be completed. The Secretary shall submit a report
    required under this subsection to Congress not later than 14 months
    after the date of the enactment of this Act.

    [[Page 123 STAT. 1327]]

                 Subtitle D--San Gabriel Basin Restoration Fund

    SEC. 9301. RESTORATION FUND.

        Section 110 of division B of the Miscellaneous Appropriations Act,
    2001 (114 Stat. 2763A-222), as enacted into law by section 1(a)(4) of
    the Consolidated Appropriations Act, 2001 (Public Law 106-554, as
    amended by Public Law 107-66), is further amended--
                (1) in subsection (a)(3)(B), by inserting after clause (iii)
            the following:
                              ``(iv) Non-federal match.--After $85,000,000
                          has cumulatively been appropriated under
                          subsection (d)(1), the remainder of Federal funds
                          appropriated under subsection (d) shall be subject
                          to the following matching requirement:
                                        ``(I) San gabriel basin water
                                    quality authority.--The San Gabriel
                                    Basin Water Quality Authority shall be
                                    responsible for providing a 35 percent
                                    non-Federal match for Federal funds made
                                    available to the Authority under this
                                    Act.
                                        ``(II) Central basin municipal water
                                    district.--The Central Basin Municipal
                                    Water District shall be responsible for
                                    providing a 35 percent non-Federal match
                                    for Federal funds made available to the
                                    District under this Act.'';
                (2) in subsection (a), by adding at the end the following:
                ``(4) Interest on funds in restoration fund.--No amounts
            appropriated above the cumulative amount of $85,000,000 to the
            Restoration Fund under subsection (d)(1) shall be invested by
            the Secretary of the Treasury in interest-bearing securities of
            the United States.''; and
                (3) by amending subsection (d) to read as follows:

        ``(d) Authorization of Appropriations.--
                ``(1) In general.--There is authorized to be appropriated to
            the Restoration Fund established under subsection (a)
            $146,200,000. Such funds shall remain available until expended.
                ``(2) Set-aside.--Of the amounts appropriated under
            paragraph (1), no more than $21,200,000 shall be made available
            to carry out the Central Basin Water Quality Project.''.

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

    SEC. 9401. DEFINITIONS.

        In this subtitle:
                (1) Lower colorado river multi-species conservation
            program.--The term ``Lower Colorado River Multi-Species
            Conservation Program'' or ``LCR MSCP'' means the cooperative
            effort on the Lower Colorado River between Federal and non-
            Federal entities in Arizona, California, and Nevada approved by
            the Secretary of the Interior on April 2, 2005.
                (2) Lower colorado river.--The term ``Lower Colorado River''
            means the segment of the Colorado River within the

    [[Page 123 STAT. 1328]]

            planning area as provided in section 2(B) of the Implementing
            Agreement, a Program Document.
                (3) Program documents.--The term ``Program Documents'' means
            the Habitat Conservation Plan, Biological Assessment and
            Biological and Conference Opinion, Environmental Impact
            Statement/Environmental Impact Report, Funding and Management
            Agreement, Implementing Agreement, and Section 10(a)(1)(B)
            Permit issued and, as applicable, executed in connection with
            the LCR MSCP, and any amendments or successor documents that are
            developed consistent with existing agreements and applicable
            law.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (5) State.--The term ``State'' means each of the States of
            Arizona, California, and Nevada.
    SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING.

        (a) Implementation.--The Secretary is authorized to manage and
    implement the LCR MSCP in accordance with the Program Documents.
        (b) Water Accounting.--The Secretary is authorized to enter into an
    agreement with the States providing for the use of water from the Lower
    Colorado River for habitat creation and maintenance in accordance with
    the Program Documents.
    SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS.

        (a) In General.--Due to the unique conditions of the Colorado River,
    any party to the Funding and Management Agreement or the Implementing
    Agreement, and any permittee under the Section 10(a)(1)(B) Permit, may
    commence a civil action in United States district court to adjudicate,
    confirm, validate or decree the rights and obligations of the parties
    under those Program Documents.
        (b) Jurisdiction.--The district court shall have jurisdiction over
    such actions and may issue such orders, judgments, and decrees as are
    consistent with the court's exercise of jurisdiction under this section.
        (c) United States as Defendant.--
                (1) In general.--The United States or any agency of the
            United States may be named as a defendant in such actions.
                (2) <<NOTE: Waiver.>>  Sovereign immunity.--Subject to
            paragraph (3), the sovereign immunity of the United States is
            waived for purposes of actions commenced pursuant to this
            section.
                (3) Nonwaiver for certain claims.--Nothing in this section
            waives the sovereign immunity of the United States to claims for
            money damages, monetary compensation, the provision of
            indemnity, or any claim seeking money from the United States.

        (d) Rights Under Federal and State Law.--
                (1) In general.--Except as specifically provided in this
            section, nothing in this section limits any rights or
            obligations of any party under Federal or State law.
                (2) Applicability to lower colorado river multi-species
            conservation program.--This section--
                        (A) shall apply only to the Lower Colorado River
                    Multi-Species Conservation Program; and
                        (B) shall not affect the terms of, or rights or
                    obligations under, any other conservation plan created
                    pursuant to any Federal or State law.

    [[Page 123 STAT. 1329]]

        (e) Venue.--Any suit pursuant to this section may be brought in any
    United States district court in the State in which any non-Federal party
    to the suit is situated.
    SEC. 9404. AUTHORIZATION OF APPROPRIATIONS.

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

                            Subtitle F--Secure Water

    SEC. 9501. <<NOTE: 42 USC 10361.>>  FINDINGS.

        Congress finds that--
                (1) adequate and safe supplies of water are fundamental to
            the health, economy, security, and ecology of the United States;
                (2) systematic data-gathering with respect to, and research
            and development of, the water resources of the United States
            will help ensure the continued existence of sufficient
            quantities of water to support--
                        (A) increasing populations;
                        (B) economic growth;
                        (C) irrigated agriculture;
                        (D) energy production; and
                        (E) the protection of aquatic ecosystems;
                (3) global climate change poses a significant challenge to
            the protection and use of the water resources of the United
            States due to an increased uncertainty with respect to the
            timing, form, and geographical distribution of precipitation,
            which may have a substantial effect on the supplies of water for
            agricultural, hydroelectric power, industrial, domestic supply,
            and environmental needs;
                (4) although States bear the primary responsibility and
            authority for managing the water resources of the United States,
            the Federal Government should support the States, as well as
            regional, local, and tribal governments, by carrying out--
                        (A) nationwide data collection and monitoring
                    activities;
                        (B) relevant research; and
                        (C) activities to increase the efficiency of the use
                    of water in the United States;
                (5) Federal agencies that conduct water management and
            related activities have a responsibility--
                        (A) to take a lead role in assessing risks to the
                    water resources of the United States (including risks
                    posed by global climate change); and
                        (B) to develop strategies--
                              (i) to mitigate the potential impacts of each
                          risk described in subparagraph (A); and

    [[Page 123 STAT. 1330]]

                              (ii) to help ensure that the long-term water
                          resources management of the United States is
                          sustainable and will ensure sustainable quantities
                          of water;
                (6) it is critical to continue and expand research and
            monitoring efforts--
                        (A) to improve the understanding of the variability
                    of the water cycle; and
                        (B) to provide basic information necessary--
                              (i) to manage and efficiently use the water
                          resources of the United States; and
                              (ii) to identify new supplies of water that
                          are capable of being reclaimed; and
                (7) the study of water use is vital--
                        (A) to the understanding of the impacts of human
                    activity on water and ecological resources; and
                        (B) to the assessment of whether available surface
                    and groundwater supplies will be available to meet the
                    future needs of the United States.
    SEC. 9502. <<NOTE: 42 USC 10362.>>  DEFINITIONS.

        In this section:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the National Oceanic and Atmospheric
            Administration.
                (2) Advisory committee.--The term ``Advisory Committee''
            means the National Advisory Committee on Water Information
            established--
                        (A) under the Office of Management and Budget
                    Circular 92-01; and
                        (B) to coordinate water data collection activities.
                (3) Assessment program.--The term ``assessment program''
            means the water availability and use assessment program
            established by the Secretary under section 9508(a).
                (4) Climate division.--The term ``climate division'' means 1
            of the 359 divisions in the United States that represents 2 or
            more regions located within a State that are as climatically
            homogeneous as possible, as determined by the Administrator.
                (5) Commissioner.--The term ``Commissioner'' means the
            Commissioner of Reclamation.
                (6) Director.--The term ``Director'' means the Director of
            the United States Geological Survey.
                (7) Eligible applicant.--The term ``eligible applicant''
            means any State, Indian tribe, irrigation district, water
            district, or other organization with water or power delivery
            authority.
                (8) Federal power marketing administration.--The term
            ``Federal Power Marketing Administration'' means--
                        (A) the Bonneville Power Administration;
                        (B) the Southeastern Power Administration;
                        (C) the Southwestern Power Administration; and
                        (D) the Western Area Power Administration.
                (9) Hydrologic accounting unit.--The term ``hydrologic
            accounting unit'' means 1 of the 352 river basin hydrologic
            accounting units used by the United States Geological Survey.
                (10) Indian tribe.--The term ``Indian tribe'' has the
            meaning given the term in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 450b).

    [[Page 123 STAT. 1331]]

                (11) Major aquifer system.--The term ``major aquifer
            system'' means a groundwater system that is--
                        (A) identified as a significant groundwater system
                    by the Director; and
                        (B) included in the Groundwater Atlas of the United
                    States, published by the United States Geological
                    Survey.
                (12) Major reclamation river basin.--
                        (A) In general.--The term ``major reclamation river
                    basin'' means each major river system (including
                    tributaries)--
                              (i) that is located in a service area of the
                          Bureau of Reclamation; and
                              (ii) at which is located a federally
                          authorized project of the Bureau of Reclamation.
                        (B) Inclusions.--The term ``major reclamation river
                    basin'' includes--
                              (i) the Colorado River;
                              (ii) the Columbia River;
                              (iii) the Klamath River;
                              (iv) the Missouri River;
                              (v) the Rio Grande;
                              (vi) the Sacramento River;
                              (vii) the San Joaquin River; and
                              (viii) the Truckee River.
                (13) Non-federal participant.--The term ``non-Federal
            participant'' means--
                        (A) a State, regional, or local authority;
                        (B) an Indian tribe or tribal organization; or
                        (C) any other qualifying entity, such as a water
                    conservation district, water conservancy district, or
                    rural water district or association, or a
                    nongovernmental organization.
                (14) Panel.--The term ``panel'' means the climate change and
            water intragovernmental panel established by the Secretary under
            section 9506(a).
                (15) Program.--The term ``program'' means the regional
            integrated sciences and assessments program--
                        (A) established by the Administrator; and
                        (B) that is comprised of 8 regional programs that
                    use advances in integrated climate sciences to assist
                    decisionmaking processes.
                (16) Secretary.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the term ``Secretary'' means the Secretary of the
                    Interior.
                        (B) Exceptions.--The term ``Secretary'' means--
                              (i) in the case of sections 9503, 9504, and
                          9509, the Secretary of the Interior (acting
                          through the Commissioner); and
                              (ii) in the case of sections 9507 and 9508,
                          the Secretary of the Interior (acting through the
                          Director).
                (17) Service area.--The term ``service area'' means any area
            that encompasses a watershed that contains a federally
            authorized reclamation project that is located in any State or
            area described in the first section of the Act of June 17, 1902
            (43 U.S.C. 391).

    [[Page 123 STAT. 1332]]

    SEC. 9503. <<NOTE: 42 USC 10363.>>  RECLAMATION CLIMATE CHANGE AND
                              WATER PROGRAM.

        (a) In General.--The Secretary shall establish a climate change
    adaptation program--
                (1) to coordinate with the Administrator and other
            appropriate agencies to assess each effect of, and risk
            resulting from, global climate change with respect to the
            quantity of water resources located in a service area; and
                (2) to ensure, to the maximum extent possible, that
            strategies are developed at watershed and aquifer system scales
            to address potential water shortages, conflicts, and other
            impacts to water users located at, and the environment of, each
            service area.

        (b) Required Elements.--In carrying out the program described in
    subsection (a), the Secretary shall--
                (1) coordinate with the United States Geological Survey, the
            National Oceanic and Atmospheric Administration, the program,
            and each appropriate State water resource agency, to ensure that
            the Secretary has access to the best available scientific
            information with respect to presently observed and projected
            future impacts of global climate change on water resources;
                (2) <<NOTE: Assessment.>>  assess specific risks to the
            water supply of each major reclamation river basin, including
            any risk relating to--
                        (A) a change in snowpack;
                        (B) changes in the timing and quantity of runoff;
                        (C) changes in groundwater recharge and discharge;
                    and
                        (D) any increase in--
                              (i) the demand for water as a result of
                          increasing temperatures; and
                              (ii) the rate of reservoir evaporation;
                (3) <<NOTE: Analysis.>>  with respect to each major
            reclamation river basin, analyze the extent to which changes in
            the water supply of the United States will impact--
                        (A) the ability of the Secretary to deliver water to
                    the contractors of the Secretary;
                        (B) hydroelectric power generation facilities;
                        (C) recreation at reclamation facilities;
                        (D) fish and wildlife habitat;
                        (E) applicable species listed as an endangered,
                    threatened, or candidate species under the Endangered
                    Species Act of 1973 (16 U.S.C. 1531 et seq.);
                        (F) water quality issues (including salinity levels
                    of each major reclamation river basin);
                        (G) flow and water dependent ecological resiliency;
                    and
                        (H) flood control management;
                (4) <<NOTE: Strategies.>>  in consultation with appropriate
            non-Federal participants, consider and develop appropriate
            strategies to mitigate each impact of water supply changes
            analyzed by the Secretary under paragraph (3), including
            strategies relating to--
                        (A) the modification of any reservoir storage or
                    operating guideline in existence as of the date of
                    enactment of this Act;
                        (B) the development of new water management,
                    operating, or habitat restoration plans;
                        (C) water conservation;

    [[Page 123 STAT. 1333]]

                        (D) improved hydrologic models and other decision
                    support systems; and
                        (E) groundwater and surface water storage needs; and
                (5) <<NOTE: Monitoring plan.>>  in consultation with the
            Director, the Administrator, the Secretary of Agriculture
            (acting through the Chief of the Natural Resources Conservation
            Service), and applicable State water resource agencies, develop
            a monitoring plan to acquire and maintain water resources data--
                        (A) to strengthen the understanding of water supply
                    trends; and
                        (B) to assist in each assessment and analysis
                    conducted by the Secretary under paragraphs (2) and (3).

        (c) Reporting.--Not later than 2 years after the date of enactment
    of this Act, and every 5 years thereafter, the Secretary shall submit to
    the appropriate committees of Congress a report that describes--
                (1) each effect of, and risk resulting from, global climate
            change with respect to the quantity of water resources located
            in each major reclamation river basin;
                (2) the impact of global climate change with respect to the
            operations of the Secretary in each major reclamation river
            basin;
                (3) each mitigation and adaptation strategy considered and
            implemented by the Secretary to address each effect of global
            climate change described in paragraph (1);
                (4) each coordination activity conducted by the Secretary
            with--
                        (A) the Director;
                        (B) the Administrator;
                        (C) the Secretary of Agriculture (acting through the
                    Chief of the Natural Resources Conservation Service); or
                        (D) any appropriate State water resource agency; and
                (5) the implementation by the Secretary of the monitoring
            plan developed under subsection (b)(5).

        (d) Feasibility Studies.--
                (1) Authority of secretary.--The Secretary, in cooperation
            with any non-Federal participant, may conduct 1 or more studies
            to determine the feasibility and impact on ecological resiliency
            of implementing each mitigation and adaptation strategy
            described in subsection (c)(3), including the construction of
            any water supply, water management, environmental, or habitat
            enhancement water infrastructure that the Secretary determines
            to be necessary to address the effects of global climate change
            on water resources located in each major reclamation river
            basin.
                (2) Cost sharing.--
                        (A) Federal share.--
                              (i) In general.--Except as provided in clause
                          (ii), the Federal share of the cost of a study
                          described in paragraph (1) shall not exceed 50
                          percent of the cost of the study.
                              (ii) Exception relating to financial
                          hardship.--The Secretary may increase the Federal
                          share of the cost of a study described in
                          paragraph (1) to exceed 50 percent of the cost of
                          the study if the Secretary determines that, due to
                          a financial hardship, the non-Federal participant
                          of the study is unable to

    [[Page 123 STAT. 1334]]

                          contribute an amount equal to 50 percent of the
                          cost of the study.
                        (B) Non-federal share.--The non-Federal share of the
                    cost of a study described in paragraph (1) may be
                    provided in the form of any in-kind services that
                    substantially contribute toward the completion of the
                    study, as determined by the Secretary.

        (e) No Effect on Existing Authority.--Nothing in this section amends
    or otherwise affects any existing authority under reclamation laws that
    govern the operation of any Federal reclamation project.
        (f) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section for
    each of fiscal years 2009 through 2023, to remain available until
    expended.
    SEC. 9504. <<NOTE: 42 USC 10364.>>  WATER MANAGEMENT IMPROVEMENT.

        (a) Authorization of Grants and Cooperative Agreements.--
                (1) Authority of secretary.--The Secretary may provide any
            grant to, or enter into an agreement with, any eligible
            applicant to assist the eligible applicant in planning,
            designing, or constructing any improvement--
                        (A) to conserve water;
                        (B) to increase water use efficiency;
                        (C) to facilitate water markets;
                        (D) to enhance water management, including
                    increasing the use of renewable energy in the management
                    and delivery of water;
                        (E) to accelerate the adoption and use of advanced
                    water treatment technologies to increase water supply;
                        (F) to prevent the decline of species that the
                    United States Fish and Wildlife Service and National
                    Marine Fisheries Service have proposed for listing under
                    the Endangered Species Act of 1973 (16 U.S.C. 1531 et
                    seq.) (or candidate species that are being considered by
                    those agencies for such listing but are not yet the
                    subject of a proposed rule);
                        (G) to accelerate the recovery of threatened
                    species, endangered species, and designated critical
                    habitats that are adversely affected by Federal
                    reclamation projects or are subject to a recovery plan
                    or conservation plan under the Endangered Species Act of
                    1973 (16 U.S.C. 1531 et seq.) under which the
                    Commissioner of Reclamation has implementation
                    responsibilities; or
                        (H) to carry out any other activity--
                              (i) to address any climate-related impact to
                          the water supply of the United States that
                          increases ecological resiliency to the impacts of
                          climate change; or
                              (ii) to prevent any water-related crisis or
                          conflict at any watershed that has a nexus to a
                          Federal reclamation project located in a service
                          area.
                (2) Application.--To be eligible to receive a grant, or
            enter into an agreement with the Secretary under paragraph (1),
            an eligible applicant shall--

    [[Page 123 STAT. 1335]]

                        (A) be located within the States and areas referred
                    to in the first section of the Act of June 17, 1902 (43
                    U.S.C. 391); and
                        (B) submit to the Secretary an application that
                    includes a proposal of the improvement or activity to be
                    planned, designed, constructed, or implemented by the
                    eligible applicant.
                (3) Requirements of grants and cooperative agreements.--
                        (A) Compliance with requirements.--Each grant and
                    agreement entered into by the Secretary with any
                    eligible applicant under paragraph (1) shall be in
                    compliance with each requirement described in
                    subparagraphs (B) through (F).
                        (B) Agricultural operations.--In carrying out
                    paragraph (1), the Secretary shall not provide a grant,
                    or enter into an agreement, for an improvement to
                    conserve irrigation water unless the eligible applicant
                    agrees not--
                              (i) to use any associated water savings to
                          increase the total irrigated acreage of the
                          eligible applicant; or
                              (ii) to otherwise increase the consumptive use
                          of water in the operation of the eligible
                          applicant, as determined pursuant to the law of
                          the State in which the operation of the eligible
                          applicant is located.
                        (C) Nonreimbursable funds.--Any funds provided by
                    the Secretary to an eligible applicant through a grant
                    or agreement under paragraph (1) shall be
                    nonreimbursable.
                        (D) Title to improvements.--If an infrastructure
                    improvement to a federally owned facility is the subject
                    of a grant or other agreement entered into between the
                    Secretary and an eligible applicant under paragraph (1),
                    the Federal Government shall continue to hold title to
                    the facility and improvements to the facility.
                        (E) Cost sharing.--
                              (i) Federal share.--The Federal share of the
                          cost of any infrastructure improvement or activity
                          that is the subject of a grant or other agreement
                          entered into between the Secretary and an eligible
                          applicant under paragraph (1) shall not exceed 50
                          percent of the cost of the infrastructure
                          improvement or activity.
                              (ii) Calculation of non-federal share.--In
                          calculating the non-Federal share of the cost of
                          an infrastructure improvement or activity proposed
                          by an eligible applicant through an application
                          submitted by the eligible applicant under
                          paragraph (2), the Secretary shall--
                                        (I) consider the value of any in-
                                    kind services that substantially
                                    contributes toward the completion of the
                                    improvement or activity, as determined
                                    by the Secretary; and
                                        (II) not consider any other amount
                                    that the eligible applicant receives
                                    from a Federal agency.
                              (iii) Maximum amount.--The amount provided to
                          an eligible applicant through a grant or other
                          agreement under paragraph (1) shall be not more
                          than $5,000,000.

    [[Page 123 STAT. 1336]]

                              (iv) Operation and maintenance costs.--The
                          non-Federal share of the cost of operating and
                          maintaining any infrastructure improvement that is
                          the subject of a grant or other agreement entered
                          into between the Secretary and an eligible
                          applicant under paragraph (1) shall be 100
                          percent.
                        (F) Liability.--
                              (i) In general.--Except as provided under
                          chapter 171 of title 28, United States Code
                          (commonly known as the ``Federal Tort Claims
                          Act''), the United States shall not be liable for
                          monetary damages of any kind for any injury
                          arising out of an act, omission, or occurrence
                          that arises in relation to any facility created or
                          improved under this section, the title of which is
                          not held by the United States.
                              (ii) Tort claims act.--Nothing in this section
                          increases the liability of the United States
                          beyond that provided in chapter 171 of title 28,
                          United States Code (commonly known as the
                          ``Federal Tort Claims Act'').

        (b) Research Agreements.--
                (1) Authority of secretary.--The Secretary may enter into 1
            or more agreements with any university, nonprofit research
            institution, or organization with water or power delivery
            authority to fund any research activity that is designed--
                        (A) to conserve water resources;
                        (B) to increase the efficiency of the use of water
                    resources; or
                        (C) to enhance the management of water resources,
                    including increasing the use of renewable energy in the
                    management and delivery of water.
                (2) Terms and conditions of secretary.--
                        (A) In general.--An agreement entered into between
                    the Secretary and any university, institution, or
                    organization described in paragraph (1) shall be subject
                    to such terms and conditions as the Secretary determines
                    to be appropriate.
                        (B) Availability.--The agreements under this
                    subsection shall be available to all Reclamation
                    projects and programs that may benefit from project-
                    specific or programmatic cooperative research and
                    development.

        (c) Mutual Benefit.--Grants or other agreements made under this
    section may be for the mutual benefit of the United States and the
    entity that is provided the grant or enters into the cooperative
    agreement.
        (d) Relationship to Project-Specific Authority.--This section shall
    not supersede any existing project-specific funding authority.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $200,000,000, to remain available
    until expended.
    SEC. 9505. <<NOTE: 42 USC 10365.>>  HYDROELECTRIC POWER
                              ASSESSMENT.

        (a) Duty of Secretary of Energy.--The Secretary of Energy, in
    consultation with the Administrator of each Federal Power Marketing
    Administration, shall assess each effect of, and risk resulting from,
    global climate change with respect to water supplies that

    [[Page 123 STAT. 1337]]

    are required for the generation of hydroelectric power at each Federal
    water project that is applicable to a Federal Power Marketing
    Administration.
        (b) <<NOTE: Consultation.>>  Access to Appropriate Data.--
                (1) In general.--In carrying out each assessment under
            subsection (a), the Secretary of Energy shall consult with the
            United States Geological Survey, the National Oceanic and
            Atmospheric Administration, the program, and each appropriate
            State water resource agency, to ensure that the Secretary of
            Energy has access to the best available scientific information
            with respect to presently observed impacts and projected future
            impacts of global climate change on water supplies that are used
            to produce hydroelectric power.
                (2) Access to data for certain assessments.--In carrying out
            each assessment under subsection (a), with respect to the
            Bonneville Power Administration and the Western Area Power
            Administration, the Secretary of Energy shall consult with the
            Commissioner to access data and other information that--
                        (A) is collected by the Commissioner; and
                        (B) the Secretary of Energy determines to be
                    necessary for the conduct of the assessment.

        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, and every 5 years thereafter, the Secretary of Energy shall
    submit to the appropriate committees of Congress a report that
    describes--
                (1) each effect of, and risk resulting from, global climate
            change with respect to--
                        (A) water supplies used for hydroelectric power
                    generation; and
                        (B) power supplies marketed by each Federal Power
                    Marketing Administration, pursuant to--
                              (i) long-term power contracts;
                              (ii) contingent capacity contracts; and
                              (iii) short-term sales; and
                (2) each recommendation of the Administrator of each Federal
            Power Marketing Administration relating to any change in any
            operation or contracting practice of each Federal Power
            Marketing Administration to address each effect and risk
            described in paragraph (1), including the use of purchased power
            to meet long-term commitments of each Federal Power Marketing
            Administration.

        (d) Authority.--The Secretary of Energy may enter into contracts,
    grants, or other agreements with appropriate entities to carry out this
    section.
        (e) Costs.--
                (1) Nonreimbursable.--Any costs incurred by the Secretary of
            Energy in carrying out this section shall be nonreimbursable.
                (2) PMA costs.--Each Federal Power Marketing Administration
            shall incur costs in carrying out this section only to the
            extent that appropriated funds are provided by the Secretary of
            Energy for that purpose.

        (f) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section for
    each of fiscal years 2009 through 2023, to remain available until
    expended.

    [[Page 123 STAT. 1338]]

    SEC. 9506. <<NOTE: 42 USC 10366.>>  CLIMATE CHANGE AND WATER
                              INTRAGOVERNMENTAL PANEL.

        (a) Establishment.--The Secretary and the Administrator shall
    establish and lead a climate change and water intragovernmental panel--
                (1) to review the current scientific understanding of each
            impact of global climate change on the quantity and quality of
            freshwater resources of the United States; and
                (2) to develop any strategy that the panel determines to be
            necessary to improve observational capabilities, expand data
            acquisition, or take other actions--
                        (A) to increase the reliability and accuracy of
                    modeling and prediction systems to benefit water
                    managers at the Federal, State, and local levels; and
                        (B) to increase the understanding of the impacts of
                    climate change on aquatic ecosystems.

        (b) Membership.--The panel shall be comprised of--
                (1) the Secretary;
                (2) the Director;
                (3) the Administrator;
                (4) the Secretary of Agriculture (acting through the Under
            Secretary for Natural Resources and Environment);
                (5) the Commissioner;
                (6) the Secretary of the Army, acting through the Chief of
            Engineers;
                (7) the Administrator of the Environmental Protection
            Agency; and
                (8) the Secretary of Energy.

        (c) <<NOTE: Consultation.>>  Review Elements.--In conducting the
    review and developing the strategy under subsection (a), the panel shall
    consult with State water resource agencies, the Advisory Committee,
    drinking water utilities, water research organizations, and relevant
    water user, environmental, and other nongovernmental organizations--
                (1) to assess the extent to which the conduct of measures of
            streamflow, groundwater levels, soil moisture,
            evapotranspiration rates, evaporation rates, snowpack levels,
            precipitation amounts, flood risk, and glacier mass is necessary
            to improve the understanding of the Federal Government and the
            States with respect to each impact of global climate change on
            water resources;
                (2) to identify data gaps in current water monitoring
            networks that must be addressed to improve the capability of the
            Federal Government and the States to measure, analyze, and
            predict changes to the quality and quantity of water resources,
            including flood risks, that are directly or indirectly affected
            by global climate change;
                (3) <<NOTE: Procedures. Standards.>>  to establish data
            management and communication protocols and standards to increase
            the quality and efficiency by which each Federal agency acquires
            and reports relevant data;
                (4) to consider options for the establishment of a data
            portal to enhance access to water resource data--
                        (A) relating to each nationally significant
                    freshwater watershed and aquifer located in the United
                    States; and
                        (B) that is collected by each Federal agency and any
                    other public or private entity for each nationally
                    significant

    [[Page 123 STAT. 1339]]

                    freshwater watershed and aquifer located in the United
                    States;
                (5) to facilitate the development of hydrologic and other
            models to integrate data that reflects groundwater and surface
            water interactions; and
                (6) to apply the hydrologic and other models developed under
            paragraph (5) to water resource management problems identified
            by the panel, including the need to maintain or improve
            ecological resiliency at watershed and aquifer system scales.

        (d) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the appropriate committees of
    Congress a report that describes the review conducted, and the strategy
    developed, by the panel under subsection (a).
        (e) Demonstration, Research, and Methodology Development Projects.--
                (1) Authority of secretary.--The Secretary, in consultation
            with the panel and the Advisory Committee, may provide grants
            to, or enter into any contract, cooperative agreement,
            interagency agreement, or other transaction with, an appropriate
            entity to carry out any demonstration, research, or methodology
            development project that the Secretary determines to be
            necessary to assist in the implementation of the strategy
            developed by the panel under subsection (a)(2).
                (2) Requirements.--
                        (A) Maximum amount of federal share.--The Federal
                    share of the cost of any demonstration, research, or
                    methodology development project that is the subject of
                    any grant, contract, cooperative agreement, interagency
                    agreement, or other transaction entered into between the
                    Secretary and an appropriate entity under paragraph (1)
                    shall not exceed $1,000,000.
                        (B) Report.--An appropriate entity that receives
                    funds from a grant, contract, cooperative agreement,
                    interagency agreement, or other transaction entered into
                    between the Secretary and the appropriate entity under
                    paragraph (1) shall submit to the Secretary a report
                    describing the results of the demonstration, research,
                    or methodology development project conducted by the
                    appropriate entity.

        (f) Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            carry out subsections (a) through (d) $2,000,000 for each of
            fiscal years 2009 through 2011, to remain available until
            expended.
                (2) Demonstration, research, and methodology development
            projects.--There is authorized to be appropriated to carry out
            subsection (e) $10,000,000 for the period of fiscal years 2009
            through 2013, to remain available until expended.
    SEC. 9507. <<NOTE: 42 USC 10367.>>  WATER DATA ENHANCEMENT BY
                              UNITED STATES GEOLOGICAL SURVEY.

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

    [[Page 123 STAT. 1340]]

            streamflow information program, as reviewed by the National
            Research Council in 2004.
                (2) Requirements.--In conducting the national streamflow
            information program, the Secretary shall--
                        (A) measure streamflow and related environmental
                    variables in nationally significant watersheds--
                              (i) in a reliable and continuous manner; and
                              (ii) to develop a comprehensive source of
                          information on which public and private decisions
                          relating to the management of water resources may
                          be based;
                        (B) provide for a better understanding of hydrologic
                    extremes (including floods and droughts) through the
                    conduct of intensive data collection activities during
                    and following hydrologic extremes;
                        (C) <<NOTE: Base network.>>  establish a base
                    network that provides resources that are necessary for--
                              (i) the monitoring of long-term changes in
                          streamflow; and
                              (ii) the conduct of assessments to determine
                          the extent to which each long-term change
                          monitored under clause (i) is related to global
                          climate change;
                        (D) integrate the national streamflow information
                    program with data collection activities of Federal
                    agencies and appropriate State water resource agencies
                    (including the National Integrated Drought Information
                    System)--
                              (i) to enhance the comprehensive understanding
                          of water availability;
                              (ii) to improve flood-hazard assessments;
                              (iii) to identify any data gap with respect to
                          water resources; and
                              (iv) to improve hydrologic forecasting; and
                        (E) incorporate principles of adaptive management in
                    the conduct of periodic reviews of information collected
                    under the national streamflow information program to
                    assess whether the objectives of the national streamflow
                    information program are being adequately addressed.
                (3) Improved methodologies.--The Secretary shall--
                        (A) improve methodologies relating to the analysis
                    and delivery of data; and
                        (B) investigate, develop, and implement new
                    methodologies and technologies to estimate or measure
                    streamflow in a more cost-efficient manner.
                (4) Network enhancement.--
                        (A) <<NOTE: Deadline.>>  In general.--Not later than
                    10 years after the date of enactment of this Act, in
                    accordance with subparagraph (B), the Secretary shall--
                              (i) increase the number of streamgages funded
                          by the national streamflow information program to
                          a quantity of not less than 4,700 sites; and
                              (ii) ensure all streamgages are flood-hardened
                          and equipped with water-quality sensors and
                          modernized telemetry.
                        (B) Requirements of sites.--Each site described in
                    subparagraph (A) shall conform with the National
                    Streamflow Information Program plan as reviewed by the
                    National Research Council.

    [[Page 123 STAT. 1341]]

                (5) Federal share.--The Federal share of the national
            streamgaging network established pursuant to this subsection
            shall be 100 percent of the cost of carrying out the national
            streamgaging network.
                (6) Authorization of appropriations.--
                        (A) In general.--Except as provided in subparagraph
                    (B), there are authorized to be appropriated such sums
                    as are necessary to operate the national streamflow
                    information program for the period of fiscal years 2009
                    through 2023, to remain available until expended.
                        (B) Network enhancement funding.--There is
                    authorized to be appropriated to carry out the network
                    enhancements described in paragraph (4) $10,000,000 for
                    each of fiscal years 2009 through 2019, to remain
                    available until expended.

        (b) National Groundwater Resources Monitoring.--
                (1) In general.--The Secretary shall develop a systematic
            groundwater monitoring program for each major aquifer system
            located in the United States.
                (2) Program elements.--In developing the monitoring program
            described in paragraph (1), the Secretary shall--
                        (A) <<NOTE: Criteria.>>  establish appropriate
                    criteria for monitoring wells to ensure the acquisition
                    of long-term, high-quality data sets, including, to the
                    maximum extent possible, the inclusion of real-time
                    instrumentation and reporting;
                        (B) in coordination with the Advisory Committee and
                    State and local water resource agencies--
                              (i) <<NOTE: Assessment.>>  assess the current
                          scope of groundwater monitoring based on the
                          access availability and capability of each
                          monitoring well in existence as of the date of
                          enactment of this Act; and
                              (ii) <<NOTE: Monitoring plan.>>  develop and
                          carry out a monitoring plan that maximizes
                          coverage for each major aquifer system that is
                          located in the United States; and
                        (C) <<NOTE: Consultation.>>  prior to initiating any
                    specific monitoring activities within a State after the
                    date of enactment of this Act, consult and coordinate
                    with the applicable State water resource agency with
                    jurisdiction over the aquifer that is the subject of the
                    monitoring activities, and comply with all applicable
                    laws (including regulations) of the State.
                (3) Program objectives.--In carrying out the monitoring
            program described in paragraph (1), the Secretary shall--
                        (A) provide data that is necessary for the
                    improvement of understanding with respect to surface
                    water and groundwater interactions;
                        (B) by expanding the network of monitoring wells to
                    reach each climate division, support the groundwater
                    climate response network to improve the understanding of
                    the effects of global climate change on groundwater
                    recharge and availability; and
                        (C) support the objectives of the assessment
                    program.
                (4) Improved methodologies.--The Secretary shall--
                        (A) improve methodologies relating to the analysis
                    and delivery of data; and

    [[Page 123 STAT. 1342]]

                        (B) investigate, develop, and implement new
                    methodologies and technologies to estimate or measure
                    groundwater recharge, discharge, and storage in a more
                    cost-efficient manner.
                (5) Federal share.--The Federal share of the monitoring
            program described in paragraph (1) may be 100 percent of the
            cost of carrying out the monitoring program.
                (6) Priority.--In selecting monitoring activities consistent
            with the monitoring program described in paragraph (1), the
            Secretary shall give priority to those activities for which a
            State or local governmental entity agrees to provide for a
            substantial share of the cost of establishing or operating a
            monitoring well or other measuring device to carry out a
            monitoring activity.
                (7) Authorization of appropriations.--There are authorized
            to be appropriated such sums as are necessary to carry out this
            subsection for the period of fiscal years 2009 through 2023, to
            remain available until expended.

        (c) Brackish Groundwater Assessment.--
                (1) Study.--The Secretary, in consultation with State and
            local water resource agencies, shall conduct a study of
            available data and other relevant information--
                        (A) to identify significant brackish groundwater
                    resources located in the United States; and
                        (B) to consolidate any available data relating to
                    each groundwater resource identified under subparagraph
                    (A).
                (2) Report.--Not later than 2 years after the date of
            enactment of this Act, the Secretary shall submit to the
            appropriate committees of Congress a report that includes--
                        (A) a description of each--
                              (i) significant brackish aquifer that is
                          located in the United States (including 1 or more
                          maps of each significant brackish aquifer that is
                          located in the United States);
                              (ii) data gap that is required to be addressed
                          to fully characterize each brackish aquifer
                          described in clause (i); and
                              (iii) current use of brackish groundwater that
                          is supplied by each brackish aquifer described in
                          clause (i); and
                        (B) a summary of the information available as of the
                    date of enactment of this Act with respect to each
                    brackish aquifer described in subparagraph (A)(i)
                    (including the known level of total dissolved solids in
                    each brackish aquifer).
                (3) Authorization of appropriations.--There is authorized to
            be appropriated to carry out this subsection $3,000,000 for the
            period of fiscal years 2009 through 2011, to remain available
            until expended.

        (d) Improved Water Estimation, Measurement, and Monitoring
    Technologies.--
                (1) Authority of secretary.--The Secretary may provide
            grants on a nonreimbursable basis to appropriate entities with
            expertise in water resource data acquisition and reporting,
            including Federal agencies, the Water Resources Research
            Institutes and other academic institutions, and private
            entities, to--

    [[Page 123 STAT. 1343]]

                        (A) investigate, develop, and implement new
                    methodologies and technologies to estimate or measure
                    water resources data in a cost-efficient manner; and
                        (B) improve methodologies relating to the analysis
                    and delivery of data.
                (2) Priority.--In providing grants to appropriate entities
            under paragraph (1), the Secretary shall give priority to
            appropriate entities that propose the development of new methods
            and technologies for--
                        (A) predicting and measuring streamflows;
                        (B) estimating changes in the storage of
                    groundwater;
                        (C) improving data standards and methods of analysis
                    (including the validation of data entered into
                    geographic information system databases);
                        (D) measuring precipitation and potential
                    evapotranspiration; and
                        (E) water withdrawals, return flows, and consumptive
                    use.
                (3) Partnerships.--In recognition of the value of
            collaboration to foster innovation and enhance research and
            development efforts, the Secretary shall encourage partnerships,
            including public-private partnerships, between and among Federal
            agencies, academic institutions, and private entities to promote
            the objectives described in paragraph (1).
                (4) Authorization of appropriations.--There is authorized to
            be appropriated to carry out this subsection $5,000,000 for each
            of fiscal years 2009 through 2019.
    SEC. 9508. <<NOTE: 42 USC 10368.>>  NATIONAL WATER AVAILABILITY
                              AND USE ASSESSMENT PROGRAM.

        (a) Establishment.--The Secretary, in coordination with the Advisory
    Committee and State and local water resource agencies, shall establish a
    national assessment program to be known as the ``national water
    availability and use assessment program''--
                (1) to provide a more accurate assessment of the status of
            the water resources of the United States;
                (2) to assist in the determination of the quantity of water
            that is available for beneficial uses;
                (3) to assist in the determination of the quality of the
            water resources of the United States;
                (4) to identify long-term trends in water availability;
                (5) to use each long-term trend described in paragraph (4)
            to provide a more accurate assessment of the change in the
            availability of water in the United States; and
                (6) to develop the basis for an improved ability to forecast
            the availability of water for future economic, energy
            production, and environmental uses.

        (b) Program Elements.--
                (1) Water use.--In carrying out the assessment program, the
            Secretary shall conduct any appropriate activity to carry out an
            ongoing assessment of water use in hydrologic accounting units
            and major aquifer systems located in the United States,
            including--
                        (A) the maintenance of a comprehensive national
                    water use inventory to enhance the level of
                    understanding with respect to the effects of spatial and
                    temporal patterns of

    [[Page 123 STAT. 1344]]

                    water use on the availability and sustainable use of
                    water resources;
                        (B) the incorporation of water use science
                    principles, with an emphasis on applied research and
                    statistical estimation techniques in the assessment of
                    water use;
                        (C) the integration of any dataset maintained by any
                    other Federal or State agency into the dataset
                    maintained by the Secretary; and
                        (D) a focus on the scientific integration of any
                    data relating to water use, water flow, or water quality
                    to generate relevant information relating to the impact
                    of human activity on water and ecological resources.
                (2) <<NOTE: Assessment.>>  Water availability.--In carrying
            out the assessment program, the Secretary shall conduct an
            ongoing assessment of water availability by--
                        (A) developing and evaluating nationally consistent
                    indicators that reflect each status and trend relating
                    to the availability of water resources in the United
                    States, including--
                              (i) surface water indicators, such as
                          streamflow and surface water storage measures
                          (including lakes, reservoirs, perennial
                          snowfields, and glaciers);
                              (ii) groundwater indicators, including
                          groundwater level measurements and changes in
                          groundwater levels due to--
                                        (I) natural recharge;
                                        (II) withdrawals;
                                        (III) saltwater intrusion;
                                        (IV) mine dewatering;
                                        (V) land drainage;
                                        (VI) artificial recharge; and
                                        (VII) other relevant factors, as
                                    determined by the Secretary; and
                              (iii) impaired surface water and groundwater
                          supplies that are known, accessible, and used to
                          meet ongoing water demands;
                        (B) maintaining a national database of water
                    availability data that--
                              (i) is comprised of maps, reports, and other
                          forms of interpreted data;
                              (ii) provides electronic access to the
                          archived data of the national database; and
                              (iii) provides for real-time data collection;
                          and
                        (C) developing and applying predictive modeling
                    tools that integrate groundwater, surface water, and
                    ecological systems.

        (c) Grant Program.--
                (1) Authority of secretary.--The Secretary may provide
            grants to State water resource agencies to assist State water
            resource agencies in--
                        (A) developing water use and availability datasets
                    that are integrated with each appropriate dataset
                    developed or maintained by the Secretary; or
                        (B) integrating any water use or water availability
                    dataset of the State water resource agency into each
                    appropriate dataset developed or maintained by the
                    Secretary.

    [[Page 123 STAT. 1345]]

                (2) Criteria.--To be eligible to receive a grant under
            paragraph (1), a State water resource agency shall demonstrate
            to the Secretary that the water use and availability dataset
            proposed to be established or integrated by the State water
            resource agency--
                        (A) is in compliance with each quality and
                    conformity standard established by the Secretary to
                    ensure that the data will be capable of integration with
                    any national dataset; and
                        (B) will enhance the ability of the officials of the
                    State or the State water resource agency to carry out
                    each water management and regulatory responsibility of
                    the officials of the State in accordance with each
                    applicable law of the State.
                (3) Maximum amount.--The amount of a grant provided to a
            State water resource agency under paragraph (1) shall be an
            amount not more than $250,000.

        (d) Report.--Not later than December 31, 2012, and every 5 years
    thereafter, the Secretary shall submit to the appropriate committees of
    Congress a report that provides a detailed assessment of--
                (1) the current availability of water resources in the
            United States, including--
                        (A) historic trends and annual updates of river
                    basin inflows and outflows;
                        (B) surface water storage;
                        (C) groundwater reserves; and
                        (D) estimates of undeveloped potential resources
                    (including saline and brackish water and wastewater);
                (2) significant trends affecting water availability,
            including each documented or projected impact to the
            availability of water as a result of global climate change;
                (3) the withdrawal and use of surface water and groundwater
            by various sectors, including--
                        (A) the agricultural sector;
                        (B) municipalities;
                        (C) the industrial sector;
                        (D) thermoelectric power generators; and
                        (E) hydroelectric power generators;
                (4) significant trends relating to each water use sector,
            including significant changes in water use due to the
            development of new energy supplies;
                (5) significant water use conflicts or shortages that have
            occurred or are occurring; and
                (6) each factor that has caused, or is causing, a conflict
            or shortage described in paragraph (5).

        (e) Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            carry out subsections (a), (b), and (d) $20,000,000 for each of
            fiscal years 2009 through 2023, to remain available until
            expended.
                (2) Grant program.--There is authorized to be appropriated
            to carry out subsection (c) $12,500,000 for the period of fiscal
            years 2009 through 2013, to remain available until expended.

    [[Page 123 STAT. 1346]]

    SEC. 9509. <<NOTE: 42 USC 10369.>>  RESEARCH AGREEMENT AUTHORITY.

        The Secretary may enter into contracts, grants, or cooperative
    agreements, for periods not to exceed 5 years, to carry out research
    within the Bureau of Reclamation.
    SEC. 9510. <<NOTE: 42 USC 10370.>>  EFFECT.

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

                        Subtitle G--Aging Infrastructure

    SEC. 9601 <<NOTE: 43 USC 510.>>  DEFINITIONS.

        In this subtitle:
                (1) Inspection.--The term ``inspection'' means an inspection
            of a project facility carried out by the Secretary--
                        (A) to assess and determine the general condition of
                    the project facility; and
                        (B) to estimate the value of property, and the size
                    of the population, that would be at risk if the project
                    facility fails, is breached, or otherwise allows
                    flooding to occur.
                (2) Project facility.--The term ``project facility'' means
            any part or incidental feature of a project, excluding high- and
            significant-hazard dams, constructed under the Federal
            reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter
            1093), and Acts supplemental to and amendatory of that Act (43
            U.S.C. 371 et seq.).
                (3) Reserved works.--The term ``reserved works'' mean any
            project facility at which the Secretary carries out the
            operation and maintenance of the project facility.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Commissioner of Reclamation.
                (5) Transferred works.--The term ``transferred works'' means
            a project facility, the operation and maintenance of which is
            carried out by a non-Federal entity, under the provisions of a
            formal operation and maintenance transfer contract.
                (6) Transferred works operating entity.--The term
            ``transferred works operating entity'' means the organization
            which is contractually responsible for operation and maintenance
            of transferred works.
                (7) Extraordinary operation and maintenance work.--The term
            ``extraordinary operation and maintenance work'' means major,
            nonrecurring maintenance to Reclamation-owned or operated
            facilities, or facility components, that is--
                        (A) intended to ensure the continued safe,
                    dependable, and reliable delivery of authorized project
                    benefits; and

    [[Page 123 STAT. 1347]]

                        (B) greater than 10 percent of the contractor's or
                    the transferred works operating entity's annual
                    operation and maintenance budget for the facility, or
                    greater than $100,000.
    SEC. 9602. <<NOTE: 43 USC 510a.>>  GUIDELINES AND INSPECTION OF
                              PROJECT FACILITIES AND TECHNICAL
                              ASSISTANCE TO TRANSFERRED WORKS
                              OPERATING ENTITIES.

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

        (b) Use of Inspection Data.--The Secretary shall use the data
    collected through the conduct of the inspections under subsection (a)(2)
    to--
                (1) <<NOTE: Recommen- dations.>>  provide recommendations to
            the transferred works operating entities for improvement of
            operation and maintenance processes, operating procedures
            including operation guidelines consistent with existing transfer
            contracts, and structural modifications to those transferred
            works;
                (2) <<NOTE: Determination.>>  determine an appropriate
            inspection frequency for such nondam project facilities which
            shall not exceed 6 years; and
                (3) provide, upon request of transferred work operating
            entities, local governments, or State agencies, information
            regarding potential hazards posed by existing or proposed
            residential, commercial, industrial or public-use development
            adjacent to project facilities.

        (c) Technical Assistance to Transferred Works Operating Entities.--
                (1) Authority of secretary to provide technical
            assistance.--The Secretary is authorized, at the request of a
            transferred works operating entity in proximity to an urbanized
            area, to provide technical assistance to accomplish the
            following, if consistent with existing transfer contracts:
                        (A) Development of documented operating procedures
                    for a project facility.
                        (B) Development of documented emergency notification
                    and response procedures for a project facility.
                        (C) Development of facility inspection criteria for
                    a project facility.

    [[Page 123 STAT. 1348]]

                        (D) Development of a training program on operation
                    and maintenance requirements and practices for a project
                    facility for a transferred works operating entity's
                    workforce.
                        (E) Development of a public outreach plan on the
                    operation and risks associated with a project facility.
                        (F) Development of any other plans or documentation
                    which, in the judgment of the Secretary, will contribute
                    to public safety and the sage operation of a project
                    facility.
                (2) Costs.--The Secretary is authorized to provide, on a
            non-reimbursable basis, up to 50 percent of the cost of such
            technical assistance, with the balance of such costs being
            advanced by the transferred works operating entity or other non-
            Federal source. The non-Federal 50 percent minimum cost share
            for such technical assistance may be in the form of in-lieu
            contributions of resources by the transferred works operating
            entity or other non-Federal source.
    SEC. 9603. <<NOTE: 43 USC 510b.>>  EXTRAORDINARY OPERATION AND
                              MAINTENANCE WORK PERFORMED BY THE
                              SECRETARY.

        (a) In General.--The Secretary or the transferred works operating
    entity may carry out, in accordance with subsection (b) and consistent
    with existing transfer contracts, any extraordinary operation and
    maintenance work on a project facility that the Secretary determines to
    be reasonably required to preserve the structural safety of the project
    facility.
        (b) Reimbursement of Costs Arising From Extraordinary Operation and
    Maintenance Work.--
                (1) Treatment of costs.--For reserved works, costs incurred
            by the Secretary in conducting extraordinary operation and
            maintenance work will be allocated to the authorized
            reimbursable purposes of the project and shall be repaid within
            50 years, with interest, from the year in which work undertaken
            pursuant to this subtitle is substantially complete.
                (2) Authority of secretary.--For transferred works, the
            Secretary is authorized to advance the costs incurred by the
            transferred works operating entity in conducting extraordinary
            operation and maintenance work and negotiate appropriate 50-year
            repayment contracts with project beneficiaries providing for the
            return of reimbursable costs, with interest, under this
            subsection: <<NOTE: Contracts.>>  Provided, however, That no
            contract entered into pursuant to this subtitle shall be deemed
            to be a new or amended contract for the purposes of section
            203(a) of the Reclamation Reform Act of 1982 (43 U.S.C.
            390cc(a)).
                (3) Determination of interest rate.--The interest rate used
            for computing interest on work in progress and interest on the
            unpaid balance of the reimbursable costs of extraordinary
            operation and maintenance work authorized by this subtitle shall
            be determined by the Secretary of the Treasury, as of the
            beginning of the fiscal year in which extraordinary operation
            and maintenance work is commenced, on the basis of average
            market yields on outstanding marketable obligations of the
            United States with the remaining periods of maturity comparable
            to the applicable reimbursement period of the project, adjusted
            to the nearest \1/8\ of 1 percent on the unamortized balance of
            any portion of the loan.

        (c) Emergency Extraordinary Operation and Maintenance Work.--

    [[Page 123 STAT. 1349]]

                (1) In general.--The Secretary or the transferred works
            operating entity shall carry out any emergency extraordinary
            operation and maintenance work on a project facility that the
            Secretary determines to be necessary to minimize the risk of
            imminent harm to public health or safety, or property.
                (2) Reimbursement.--The Secretary may advance funds for
            emergency extraordinary operation and maintenance work and shall
            seek reimbursement from the transferred works operating entity
            or benefitting entity upon receiving a written assurance from
            the governing body of such entity that it will negotiate a
            contract pursuant to section 9603 for repayment of costs
            incurred by the Secretary in undertaking such work.
                (3) Funding.--If the Secretary determines that a project
            facility inspected and maintained pursuant to the guidelines and
            criteria set forth in section 9602(a) requires extraordinary
            operation and maintenance pursuant to paragraph (1), the
            Secretary may provide Federal funds on a nonreimbursable basis
            sufficient to cover 35 percent of the cost of the extraordinary
            operation and maintenance allocable to the transferred works
            operating entity, which is needed to minimize the risk of
            imminent harm. The remaining share of the Federal funds advanced
            by the Secretary for such work shall be repaid under subsection
            (b).
    SEC. 9604. <<NOTE: 43 USC 510c.>>  RELATIONSHIP TO TWENTY-FIRST
                              CENTURY WATER WORKS ACT.

        Nothing in this subtitle shall preclude a transferred works
    operating entity from applying and receiving a loan-guarantee pursuant
    to the Twenty-First Century Water Works Act (43 U.S.C. 2401 et seq.).
    SEC. 9605. <<NOTE: 43 USC 510d.>>  AUTHORIZATION OF
                              APPROPRIATIONS.

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

                           TITLE X--WATER SETTLEMENTS

        Subtitle <<NOTE: California.>>  A--San Joaquin River Restoration
    Settlement

      PART <<NOTE: San Joaquin River Restoration Settlement Act.>>  I--SAN
    JOAQUIN RIVER RESTORATION SETTLEMENT ACT
    SEC. 10001. SHORT TITLE.

        This part may be cited as the ``San Joaquin River Restoration
    Settlement Act''.
    SEC. 10002. PURPOSE.

        The purpose of this part is to authorize implementation of the
    Settlement.
    SEC. 10003. DEFINITIONS.

        In this part:
                (1) The terms ``Friant Division long-term contractors'',
            ``Interim Flows'', ``Restoration Flows'', ``Recovered Water

    [[Page 123 STAT. 1350]]

            Account'', ``Restoration Goal'', and ``Water Management Goal''
            have the meanings given the terms in the Settlement.
                (2) The term ``Secretary'' means the Secretary of the
            Interior.
                (3) The term ``Settlement'' means the Stipulation of
            Settlement dated September 13, 2006, in the litigation entitled
            Natural Resources Defense Council, et al. v. Kirk Rodgers, et
            al., United States District Court, Eastern District of
            California, No. CIV. S-88-1658-LKK/GGH.
    SEC. 10004. IMPLEMENTATION OF SETTLEMENT.

        (a) In General.--The Secretary of the Interior is hereby authorized
    and directed to implement the terms and conditions of the Settlement in
    cooperation with the State of California, including the following
    measures as these measures are prescribed in the Settlement:
                (1) <<NOTE: Memorandum.>>  Design and construct channel and
            structural improvements as described in paragraph 11 of the
            Settlement, provided, however, that the Secretary shall not make
            or fund any such improvements to facilities or property of the
            State of California without the approval of the State of
            California and the State's agreement in 1 or more memoranda of
            understanding to participate where appropriate.
                (2) Modify Friant Dam operations so as to provide
            Restoration Flows and Interim Flows.
                (3) Acquire water, water rights, or options to acquire water
            as described in paragraph 13 of the Settlement, provided,
            however, such acquisitions shall only be made from willing
            sellers and not through eminent domain.
                (4) Implement the terms and conditions of paragraph 16 of
            the Settlement related to recirculation, recapture, reuse,
            exchange, or transfer of water released for Restoration Flows or
            Interim Flows, for the purpose of accomplishing the Water
            Management Goal of the Settlement, subject to--
                        (A) applicable provisions of California water law;
                        (B) the Secretary's use of Central Valley Project
                    facilities to make Project water (other than water
                    released from Friant Dam pursuant to the Settlement) and
                    water acquired through transfers available to existing
                    south-of-Delta Central Valley Project contractors; and
                        (C) the Secretary's performance of the Agreement of
                    November 24, 1986, between the United States of America
                    and the Department of Water Resources of the State of
                    California for the coordinated operation of the Central
                    Valley Project and the State Water Project as authorized
                    by Congress in section 2(d) of the Act of August 26,
                    1937 (50 Stat. 850, 100 Stat. 3051), including any
                    agreement to resolve conflicts arising from said
                    Agreement.
                (5) Develop and implement the Recovered Water Account as
            specified in paragraph 16(b) of the Settlement, including the
            pricing and payment crediting provisions described in paragraph
            16(b)(3) of the Settlement, provided that all other provisions
            of Federal reclamation law shall remain applicable.

        (b) Agreements.--
                (1) Agreements with the state.--In order to facilitate or
            expedite implementation of the Settlement, the Secretary

    [[Page 123 STAT. 1351]]

            is authorized and directed to enter into appropriate agreements,
            including cost-sharing agreements, with the State of California.
                (2) Other agreements.--The Secretary is authorized to enter
            into contracts, memoranda of understanding, financial assistance
            agreements, cost sharing agreements, and other appropriate
            agreements with State, tribal, and local governmental agencies,
            and with private parties, including agreements related to
            construction, improvement, and operation and maintenance of
            facilities, subject to any terms and conditions that the
            Secretary deems necessary to achieve the purposes of the
            Settlement.

        (c) Acceptance and Expenditure of Non-Federal Funds.--The Secretary
    is authorized to accept and expend non-Federal funds in order to
    facilitate implementation of the Settlement.
        (d) Mitigation of Impacts.--Prior to the implementation of decisions
    or agreements to construct, improve, operate, or maintain facilities
    that the Secretary determines are needed to implement the Settlement,
    the Secretary shall identify--
                (1) the impacts associated with such actions; and
                (2) the measures which shall be implemented to mitigate
            impacts on adjacent and downstream water users and landowners.

        (e) Design and Engineering Studies.--The Secretary is authorized to
    conduct any design or engineering studies that are necessary to
    implement the Settlement.
        (f) Effect on Contract Water Allocations.--Except as otherwise
    provided in this section, the implementation of the Settlement and the
    reintroduction of California Central Valley Spring Run Chinook salmon
    pursuant to the Settlement and section 10011, shall not result in the
    involuntary reduction in contract water allocations to Central Valley
    Project long-term contractors, other than Friant Division long-term
    contractors.
        (g) Effect on Existing Water Contracts.--Except as provided in the
    Settlement and this part, nothing in this part shall modify or amend the
    rights and obligations of the parties to any existing water service,
    repayment, purchase, or exchange contract.
        (h) Interim Flows.--
                (1) <<NOTE: Analysis.>>  Study required.--Prior to releasing
            any Interim Flows under the Settlement, the Secretary shall
            prepare an analysis in compliance with the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
            including at a minimum--
                        (A) an analysis of channel conveyance capacities and
                    potential for levee or groundwater seepage;
                        (B) a description of the associated seepage
                    monitoring program;
                        (C) an evaluation of--
                              (i) possible impacts associated with the
                          release of Interim Flows; and
                              (ii) mitigation measures for those impacts
                          that are determined to be significant;
                        (D) a description of the associated flow monitoring
                    program; and
                        (E) an analysis of the likely Federal costs, if any,
                    of any fish screens, fish bypass facilities, fish
                    salvage facilities, and related operations on the San
                    Joaquin River south of the confluence with the Merced
                    River required under

    [[Page 123 STAT. 1352]]

                    the Endangered Species Act of 1973 (16 U.S.C. 1531 et
                    seq.) as a result of the Interim Flows.
                (2) Conditions for release.--The Secretary is authorized to
            release Interim Flows to the extent that such flows would not--
                        (A) impede or delay completion of the measures
                    specified in Paragraph 11(a) of the Settlement; or
                        (B) exceed existing downstream channel capacities.
                (3) Seepage impacts.--The Secretary shall reduce Interim
            Flows to the extent necessary to address any material adverse
            impacts to third parties from groundwater seepage caused by such
            flows that the Secretary identifies based on the monitoring
            program of the Secretary.
                (4) <<NOTE: Evaluation.>>  Temporary fish barrier program.--
            The Secretary, in consultation with the California Department of
            Fish and Game, shall evaluate the effectiveness of the Hills
            Ferry barrier in preventing the unintended upstream migration of
            anadromous fish in the San Joaquin River and any false migratory
            pathways. If that evaluation determines that any such migration
            past the barrier is caused by the introduction of the Interim
            Flows and that the presence of such fish will result in the
            imposition of additional regulatory actions against third
            parties, the Secretary is authorized to assist the Department of
            Fish and Game in making improvements to the barrier. From
            funding made available in accordance with section 10009, if
            third parties along the San Joaquin River south of its
            confluence with the Merced River are required to install fish
            screens or fish bypass facilities due to the release of Interim
            Flows in order to comply with the Endangered Species Act of 1973
            (16 U.S.C. 1531 et seq.), the Secretary shall bear the costs of
            the installation of such screens or facilities if such costs
            would be borne by the Federal Government under section
            10009(a)(3), except to the extent that such costs are already or
            are further willingly borne by the State of California or by the
            third parties.

        (i) Funding Availability.--
                (1) <<NOTE: Deadline.>>  In general.--Funds shall be
            collected in the San Joaquin River Restoration Fund through
            October 1, 2019, and thereafter, with substantial amounts
            available through October 1, 2019, pursuant to section 10009 for
            implementation of the Settlement and parts I and III,
            including--
                        (A) $88,000,000, to be available without further
                    appropriation pursuant to section 10009(c)(2);
                        (B) additional amounts authorized to be
                    appropriated, including the charges required under
                    section 10007 and an estimated $20,000,000 from the CVP
                    Restoration Fund pursuant to section 10009(b)(2); and
                        (C) an aggregate commitment of at least $200,000,000
                    by the State of California.
                (2) Additional amounts.--Substantial additional amounts from
            the San Joaquin River Restoration Fund shall become available
            without further appropriation after October 1, 2019, pursuant to
            section 10009(c)(2).
                (3) Effect of subsection.--Nothing in this subsection limits
            the availability of funds authorized for appropriation pursuant
            to section 10009(b) or 10203(c).

    [[Page 123 STAT. 1353]]

        (j) San Joaquin River Exchange Contract.--Subject to section
    10006(b), nothing in this part shall modify or amend the rights and
    obligations under the Purchase Contract between Miller and Lux and the
    United States and the Second Amended Exchange Contract between the
    United States, Department of the Interior, Bureau of Reclamation and
    Central California Irrigation District, San Luis Canal Company,
    Firebaugh Canal Water District and Columbia Canal Company.
    SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO
                                FACILITIES.

        (a) Title to Facilities.--Unless acquired pursuant to subsection
    (b), title to any facility or facilities, stream channel, levees, or
    other real property modified or improved in the course of implementing
    the Settlement authorized by this part, and title to any modifications
    or improvements of such facility or facilities, stream channel, levees,
    or other real property--
                (1) shall remain in the owner of the property; and
                (2) shall not be transferred to the United States on account
            of such modifications or improvements.

        (b) Acquisition of Property.--
                (1) In general.--The Secretary is authorized to acquire
            through purchase from willing sellers any property, interests in
            property, or options to acquire real property needed to
            implement the Settlement authorized by this part.
                (2) Applicable law.--The Secretary is authorized, but not
            required, to exercise all of the authorities provided in section
            2 of the Act of August 26, 1937 (50 Stat. 844, chapter 832), to
            carry out the measures authorized in this section and section
            10004.

        (c) Disposal of Property.--
                (1) In general.--Upon the Secretary's determination that
            retention of title to property or interests in property acquired
            pursuant to this part is no longer needed to be held by the
            United States for the furtherance of the Settlement, the
            Secretary is authorized to dispose of such property or interest
            in property on such terms and conditions as the Secretary deems
            appropriate and in the best interest of the United States,
            including possible transfer of such property to the State of
            California.
                (2) <<NOTE: Determination.>>  Right of first refusal.--In
            the event the Secretary determines that property acquired
            pursuant to this part through the exercise of its eminent domain
            authority is no longer necessary for implementation of the
            Settlement, the Secretary shall provide a right of first refusal
            to the property owner from whom the property was initially
            acquired, or his or her successor in interest, on the same terms
            and conditions as the property is being offered to other
            parties.
                (3) Disposition of proceeds.--Proceeds from the disposal by
            sale or transfer of any such property or interests in such
            property shall be deposited in the fund established by section
            10009(c).

        (d) Groundwater Bank.--Nothing in this part authorizes the Secretary
    to operate a groundwater bank along or adjacent to the San Joaquin River
    upstream of the confluence with the Merced River, and any such
    groundwater bank shall be operated by a non-Federal entity.

    [[Page 123 STAT. 1354]]

    SEC. 10006. COMPLIANCE WITH APPLICABLE LAW.

        (a) Applicable Law.--
                (1) In general.--In undertaking the measures authorized by
            this part, the Secretary and the Secretary of Commerce shall
            comply with all applicable Federal and State laws, rules, and
            regulations, including the National Environmental Policy Act of
            1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of
            1973 (16 U.S.C. 1531 et seq.), as necessary.
                (2) Environmental reviews.--The Secretary and the Secretary
            of Commerce are authorized and directed to initiate and
            expeditiously complete applicable environmental reviews and
            consultations as may be necessary to effectuate the purposes of
            the Settlement.

        (b) Effect on State Law.--Nothing in this part shall preempt State
    law or modify any existing obligation of the United States under Federal
    reclamation law to operate the Central Valley Project in conformity with
    State law.
        (c) Use of Funds for Environmental Reviews.--
                (1) Definition of environmental review.--For purposes of
            this subsection, the term ``environmental review'' includes any
            consultation and planning necessary to comply with subsection
            (a).
                (2) Participation in environmental review process.--In
            undertaking <<NOTE: Determination.>>  the measures authorized by
            section 10004, and for which environmental review is required,
            the Secretary may provide funds made available under this part
            to affected Federal agencies, State agencies, local agencies,
            and Indian tribes if the Secretary determines that such funds
            are necessary to allow the Federal agencies, State agencies,
            local agencies, or Indian tribes to effectively participate in
            the environmental review process.
                (3) Limitation.--Funds may be provided under paragraph (2)
            only to support activities that directly contribute to the
            implementation of the terms and conditions of the Settlement.

        (d) Nonreimbursable Funds.--The United States' share of the costs of
    implementing this part shall be nonreimbursable under Federal
    reclamation law, provided that nothing in this subsection shall limit or
    be construed to limit the use of the funds assessed and collected
    pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation
    Projects Authorization and Adjustment Act of 1992 (Public Law 102-575;
    106 Stat. 4721, 4727), for implementation of the Settlement, nor shall
    it be construed to limit or modify existing or future Central Valley
    Project ratesetting policies.
    SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT
                                ACT.

        Congress hereby finds and declares that the Settlement satisfies and
    discharges all of the obligations of the Secretary contained in section
    3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act
    of 1992 (Public Law 102-575; 106 Stat. 4721), provided, however, that--
                (1) <<NOTE: Assessment. Collections.>>  the Secretary shall
            continue to assess and collect the charges provided in section
            3406(c)(1) of the Reclamation Projects Authorization and
            Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721), as
            provided in the Settlement; and

    [[Page 123 STAT. 1355]]

                (2) those assessments and collections shall continue to be
            counted toward the requirements of the Secretary contained in
            section 3407(c)(2) of the Reclamation Projects Authorization and
            Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4726).
    SEC. 10008. NO PRIVATE RIGHT OF ACTION.

        (a) In General.--Nothing in this part confers upon any person or
    entity not a party to the Settlement a private right of action or claim
    for relief to interpret or enforce the provisions of this part or the
    Settlement.
        (b) Applicable Law.--This section shall not alter or curtail any
    right of action or claim for relief under any other applicable law.
    SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND.

        (a) Implementation Costs.--
                (1) In general.--The costs of implementing the Settlement
            shall be covered by payments or in-kind contributions made by
            Friant Division contractors and other non-Federal parties,
            including the funds provided in subparagraphs (A) through (D) of
            subsection (c)(1), estimated to total $440,000,000, of which the
            non-Federal payments are estimated to total $200,000,000 (at
            October 2006 price levels) and the amount from repaid Central
            Valley Project capital obligations is estimated to total
            $240,000,000, the additional Federal appropriation of
            $250,000,000 authorized pursuant to subsection (b)(1), and such
            additional funds authorized pursuant to subsection (b)(2);
            provided however, that the costs of implementing the provisions
            of section 10004(a)(1) shall be shared by the State of
            California pursuant to the terms of a memorandum of
            understanding executed by the State of California and the
            Parties to the Settlement on September 13, 2006, which includes
            at least $110,000,000 of State funds.
                (2) Additional agreements.--
                        (A) In general.--The Secretary shall enter into 1 or
                    more agreements to fund or implement improvements on a
                    project-by-project basis with the State of California.
                        (B) Requirements.--Any agreements entered into under
                    subparagraph (A) shall provide for recognition of either
                    monetary or in-kind contributions toward the State of
                    California's share of the cost of implementing the
                    provisions of section 10004(a)(1).
                (3) Limitation.--Except as provided in the Settlement, to
            the extent that costs incurred solely to implement this
            Settlement would not otherwise have been incurred by any entity
            or public or local agency or subdivision of the State of
            California, such costs shall not be borne by any such entity,
            agency, or subdivision of the State of California, unless such
            costs are incurred on a voluntary basis.

        (b) Authorization of Appropriations.--
                (1) In general.--In addition to the funding provided in
            subsection (c), there are also authorized to be appropriated not
            to exceed $250,000,000 (at October 2006 price levels) to
            implement this part and the Settlement, to be available until
            expended; provided however, that the Secretary is authorized to
            spend such additional appropriations only in amounts equal to
            the amount of funds deposited in the San Joaquin River

    [[Page 123 STAT. 1356]]

            Restoration Fund (not including payments under subsection
            (c)(1)(B) and proceeds under subsection (c)(1)(C)), the amount
            of in-kind contributions, and other non-Federal payments
            actually committed to the implementation of this part or the
            Settlement.
                (2) Use of the central valley project restoration fund.--The
            Secretary is authorized to use monies from the Central Valley
            Project Restoration Fund created under section 3407 of the
            Reclamation Projects Authorization and Adjustment Act of 1992
            (Public Law 102-575; 106 Stat. 4727) for purposes of this part
            in an amount not to exceed $2,000,000 (October 2006 price
            levels) in any fiscal year.

        (c) Fund.--
                (1) In general.--There is hereby established within the
            Treasury of the United States a fund, to be known as the San
            Joaquin River Restoration Fund, into which the following funds
            shall be deposited and used solely for the purpose of
            implementing the Settlement except as otherwise provided in
            subsections (a) and (b) of section 10203:
                        (A) All payments received pursuant to section
                    3406(c)(1) of the Reclamation Projects Authorization and
                    Adjustment Act of 1992 (Public Law 102-575; 106 Stat.
                    4721).
                        (B) The construction cost component (not otherwise
                    needed to cover operation and maintenance costs) of
                    payments made by Friant Division, Hidden Unit, and
                    Buchanan Unit long-term contractors pursuant to long-
                    term water service contracts or pursuant to repayment
                    contracts, including repayment contracts executed
                    pursuant to section 10010. The construction cost
                    repayment obligation assigned such contractors under
                    such contracts shall be reduced by the amount paid
                    pursuant to this paragraph and the appropriate share of
                    the existing Federal investment in the Central Valley
                    Project to be recovered by the Secretary pursuant to
                    Public Law 99-546 (100 Stat. 3050) shall be reduced by
                    an equivalent sum.
                        (C) Proceeds from the sale of water pursuant to the
                    Settlement, or from the sale of property or interests in
                    property as provided in section 10005.
                        (D) Any non-Federal funds, including State cost-
                    sharing funds, contributed to the United States for
                    implementation of the Settlement, which the Secretary
                    may expend without further appropriation for the
                    purposes for which contributed.
                (2) Availability.--All funds deposited into the Fund
            pursuant to subparagraphs (A), (B), and (C) of paragraph (1) are
            authorized for appropriation to implement the Settlement and
            this part, in addition to the authorization provided in
            subsections (a) and (b) of section 10203, except that
            $88,000,000 of such funds are available for expenditure without
            further appropriation; provided <<NOTE: Effective date.>>  that
            after October 1, 2019, all funds in the Fund shall be available
            for expenditure without further appropriation.

        (d) Limitation on Contributions.--Payments made by long-term
    contractors who receive water from the Friant Division and Hidden and
    Buchanan Units of the Central Valley Project pursuant to sections
    3406(c)(1) and 3407(d)(2) of the Reclamation Projects

    [[Page 123 STAT. 1357]]

    Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat.
    4721, 4727) and payments made pursuant to paragraph 16(b)(3) of the
    Settlement and subsection (c)(1)(B) shall be the limitation of such
    entities' direct financial contribution to the Settlement, subject to
    the terms and conditions of paragraph 21 of the Settlement.
        (e) No Additional Expenditures Required.--Nothing in this part shall
    be construed to require a Federal official to expend Federal funds not
    appropriated by Congress, or to seek the appropriation of additional
    funds by Congress, for the implementation of the Settlement.
        (f) Reach 4B.--
                (1) Study.--
                        (A) In general.--In accordance with the Settlement
                    and the memorandum of understanding executed pursuant to
                    paragraph 6 of the Settlement, the Secretary shall
                    conduct a study that specifies--
                              (i) the costs of undertaking any work required
                          under paragraph 11(a)(3) of the Settlement to
                          increase the capacity of reach 4B prior to
                          reinitiation of Restoration Flows;
                              (ii) the impacts associated with reinitiation
                          of such flows; and
                              (iii) measures that shall be implemented to
                          mitigate impacts.
                        (B) Deadline.--The study under subparagraph (A)
                    shall be completed prior to restoration of any flows
                    other than Interim Flows.
                (2) Report.--
                        (A) In general.--The Secretary shall file a report
                    with Congress not later than 90 days after issuing a
                    determination, as required by the Settlement, on whether
                    to expand channel conveyance capacity to 4500 cubic feet
                    per second in reach 4B of the San Joaquin River, or use
                    an alternative route for pulse flows, that--
                              (i) explains whether the Secretary has decided
                          to expand Reach 4B capacity to 4500 cubic feet per
                          second; and
                              (ii) addresses the following matters:
                                        (I) The basis for the Secretary's
                                    determination, whether set out in
                                    environmental review documents or
                                    otherwise, as to whether the expansion
                                    of Reach 4B would be the preferable
                                    means to achieve the Restoration Goal as
                                    provided in the Settlement, including
                                    how different factors were assessed such
                                    as comparative biological and habitat
                                    benefits, comparative costs, relative
                                    availability of State cost-sharing
                                    funds, and the comparative benefits and
                                    impacts on water temperature, water
                                    supply, private property, and local and
                                    downstream flood control.
                                        (II) The Secretary's final cost
                                    estimate for expanding Reach 4B capacity
                                    to 4500 cubic feet per second, or any
                                    alternative route selected, as well as
                                    the alternative cost estimates provided
                                    by the State, by the Restoration
                                    Administrator, and by the other parties
                                    to the Settlement.

    [[Page 123 STAT. 1358]]

                                        (III) The Secretary's plan for
                                    funding the costs of expanding Reach 4B
                                    or any alternative route selected,
                                    whether by existing Federal funds
                                    provided under this subtitle, by non-
                                    Federal funds, by future Federal
                                    appropriations, or some combination of
                                    such sources.
                        (B) Determination required.--The Secretary shall, to
                    the extent feasible, make the determination in
                    subparagraph (A) prior to undertaking any substantial
                    construction work to increase capacity in reach 4B.
                (3) Costs.--If the Secretary's estimated Federal cost for
            expanding reach 4B in paragraph (2), in light of the Secretary's
            funding plan set out in that paragraph, would exceed the
            remaining Federal funding authorized by this part (including all
            funds reallocated, all funds dedicated, and all new funds
            authorized by this part and separate from all commitments of
            State and other non-Federal funds and in-kind commitments), then
            before the Secretary commences actual construction work in reach
            4B (other than planning, design, feasibility, or other
            preliminary measures) to expand capacity to 4500 cubic feet per
            second to implement this Settlement, Congress must have
            increased the applicable authorization ceiling provided by this
            part in an amount at least sufficient to cover the higher
            estimated Federal costs.
    SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
                                CONSTRUCTION COSTS.

        (a) <<NOTE: Deadlines.>>  Conversion of Contracts.--
                (1) The Secretary is authorized and directed to convert,
            prior to December 31, 2010, all existing long-term contracts
            with the following Friant Division, Hidden Unit, and Buchanan
            Unit contractors, entered under subsection (e) of section 9 of
            the Act of August 4, 1939 (53 Stat. 1196), to contracts under
            subsection (d) of section 9 of said Act (53 Stat. 1195), under
            mutually agreeable terms and conditions: Arvin-Edison Water
            Storage District; Delano-Earlimart Irrigation District; Exeter
            Irrigation District; Fresno Irrigation District; Ivanhoe
            Irrigation District; Lindmore Irrigation District; Lindsay-
            Strathmore Irrigation District; Lower Tule River Irrigation
            District; Orange Cove Irrigation District; Porterville
            Irrigation District; Saucelito Irrigation District; Shafter-
            Wasco Irrigation District; Southern San Joaquin Municipal
            Utility District; Stone Corral Irrigation District; Tea Pot Dome
            Water District; Terra Bella Irrigation District; Tulare
            Irrigation District; Madera Irrigation District; and Chowchilla
            Water District. Upon request of the contractor, the Secretary is
            authorized to convert, prior to December 31, 2010, other
            existing long-term contracts with Friant Division contractors
            entered under subsection (e) of section 9 of the Act of August
            4, 1939 (53 Stat. 1196), to contracts under subsection (d) of
            section 9 of said Act (53 Stat. 1195), under mutually agreeable
            terms and conditions.
                (2) Upon request of the contractor, the Secretary is further
            authorized to convert, prior to December 31, 2010, any existing
            Friant Division long-term contract entered under subsection
            (c)(2) of section 9 of the Act of August 4, 1939 (53 Stat.
            1194), to a contract under subsection (c)(1) of section 9 of
            said Act, under mutually agreeable terms and conditions.

    [[Page 123 STAT. 1359]]

                (3) All such contracts entered into pursuant to paragraph
            (1) shall--
                        (A) require the repayment, either in lump sum or by
                    accelerated prepayment, of the remaining amount of
                    construction costs identified in the Central Valley
                    Project Schedule of Irrigation Capital Rates by
                    Contractor 2007 Irrigation Water Rates, dated January
                    25, 2007, as adjusted to reflect payments not reflected
                    in such schedule, and properly assignable for ultimate
                    return by the contractor, no later than January 31,
                    2011, or if made in approximately equal annual
                    installments, no later than January 31, 2014; such
                    amount to be discounted by \1/2\ the Treasury
                    Rate. <<NOTE: Cost estimate.>>  An estimate of the
                    remaining amount of construction costs as of January 31,
                    2011, as adjusted, shall be provided by the Secretary to
                    each contractor no later than June 30, 2010;
                        (B) require that, notwithstanding subsection (c)(2),
                    construction costs or other capitalized costs incurred
                    after the effective date of the contract or not
                    reflected in the schedule referenced in subparagraph
                    (A), and properly assignable to such contractor, shall
                    be repaid in not more than 5 years after notification of
                    the allocation if such amount is a result of a
                    collective annual allocation of capital costs to the
                    contractors exercising contract conversions under this
                    subsection of less than $5,000,000. If such amount is
                    $5,000,000 or greater, such cost shall be repaid as
                    provided by applicable Reclamation law, provided that
                    the reference to the amount of $5,000,000 shall not be a
                    precedent in any other context;
                        (C) provide that power revenues will not be
                    available to aid in repayment of construction costs
                    allocated to irrigation under the contract; and
                        (D) conform to the Settlement and this part and
                    shall continue so long as the contractor pays applicable
                    charges, consistent with subsection (c)(2) and
                    applicable law.
                (4) All such contracts entered into pursuant to paragraph
            (2) shall--
                        (A) require the repayment in lump sum of the
                    remaining amount of construction costs identified in the
                    most current version of the Central Valley Project
                    Schedule of Municipal and Industrial Water Rates, as
                    adjusted to reflect payments not reflected in such
                    schedule, and properly assignable for ultimate return by
                    the contractor, no later than January 31,
                    2014. <<NOTE: Cost estimate.>>  An estimate of the
                    remaining amount of construction costs as of January 31,
                    2014, as adjusted, shall be provided by the Secretary to
                    each contractor no later than June 30, 2013;
                        (B) require that, notwithstanding subsection (c)(2),
                    construction costs or other capitalized costs incurred
                    after the effective date of the contract or not
                    reflected in the schedule referenced in subparagraph
                    (A), and properly assignable to such contractor, shall
                    be repaid in not more than 5 years after notification of
                    the allocation if such amount is a result of a
                    collective annual allocation of capital costs to the
                    contractors exercising contract conversions under this
                    subsection of less than $5,000,000. If such amount is
                    $5,000,000 or greater, such cost shall be repaid

    [[Page 123 STAT. 1360]]

                    as provided by applicable Reclamation law, provided that
                    the reference to the amount of $5,000,000 shall not be a
                    precedent in any other context; and
                        (C) conform to the Settlement and this part and
                    shall continue so long as the contractor pays applicable
                    charges, consistent with subsection (c)(2) and
                    applicable law.

        (b) Final Adjustment.--The amounts paid pursuant to subsection (a)
    shall be subject to adjustment following a final cost allocation by the
    Secretary upon completion of the construction of the Central Valley
    Project. In the event that the final cost allocation indicates that the
    costs properly assignable to the contractor are greater than what has
    been paid by the contractor, the contractor shall be obligated to pay
    the remaining allocated costs. The term of such additional repayment
    contract shall be no less than 1 year and no more than 10 years,
    however, mutually agreeable provisions regarding the rate of repayment
    of such amount may be developed by the parties. In the event that the
    final cost allocation indicates that the costs properly assignable to
    the contractor are less than what the contractor has paid, the Secretary
    is authorized and directed to credit such overpayment as an offset
    against any outstanding or future obligation of the contractor.
        (c) Applicability of Certain Provisions.--
                (1) Notwithstanding any repayment obligation under
            subsection (a)(3)(B) or subsection (b), upon a contractor's
            compliance with and discharge of the obligation of repayment of
            the construction costs as provided in subsection (a)(3)(A), the
            provisions of section 213(a) and (b) of the Reclamation Reform
            Act of 1982 (96 Stat. 1269) shall apply to lands in such
            district.
                (2) <<NOTE: Waiver. Payments.>>  Notwithstanding any
            repayment obligation under paragraph (3)(B) or (4)(B) of
            subsection (a), or subsection (b), upon a contractor's
            compliance with and discharge of the obligation of repayment of
            the construction costs as provided in paragraphs (3)(A) and
            (4)(A) of subsection (a), the Secretary shall waive the pricing
            provisions of section 3405(d) of the Reclamation Projects
            Authorization and Adjustment Act of 1992 (Public Law 102-575)
            for such contractor, provided that such contractor shall
            continue to pay applicable operation and maintenance costs and
            other charges applicable to such repayment contracts pursuant to
            the then-current rate-setting policy and applicable law.
                (3) Provisions of the Settlement applying to Friant
            Division, Hidden Unit, and Buchanan Unit long-term water service
            contracts shall also apply to contracts executed pursuant to
            this section.

        (d) Reduction of Charge for Those Contracts Converted Pursuant to
    Subsection (a)(1).--
                (1) At the time all payments by the contractor required by
            subsection (a)(3)(A) have been completed, the Secretary shall
            reduce the charge mandated in section 10007(1) of this part,
            from 2020 through 2039, to offset the financing costs as defined
            in section 10010(d)(3). The reduction shall be calculated at the
            time all payments by the contractor required by subsection
            (a)(3)(A) have been completed. The calculation shall remain
            fixed from 2020 through 2039 and shall be based upon anticipated
            average annual water deliveries, as mutually agreed upon by the
            Secretary and the contractor, for the period from

    [[Page 123 STAT. 1361]]

            2020 through 2039, and the amounts of such reductions shall be
            discounted using the Treasury Rate; provided, that such charge
            shall not be reduced to less than $4.00 per acre foot of project
            water delivered; <<NOTE: Deadline. Determination.>>  provided
            further, that such reduction shall be implemented annually
            unless the Secretary determines, based on the availability of
            other monies, that the charges mandated in section 10007(1) are
            otherwise needed to cover ongoing federal costs of the
            Settlement, including any federal operation and maintenance
            costs of facilities that the Secretary determines are needed to
            implement the Settlement. If the Secretary determines that such
            charges are necessary to cover such ongoing federal costs, the
            Secretary shall, instead of making the reduction in such
            charges, reduce the contractor's operation and maintenance
            obligation by an equivalent amount, and such amount shall not be
            recovered by the United States from any Central Valley Project
            contractor, provided nothing herein shall affect the obligation
            of the contractor to make payments pursuant to a transfer
            agreement with a non-federal operating entity.
                (2) <<NOTE: Effective date.>>  If the calculated reduction
            in paragraph (1), taking into consideration the minimum amount
            required, does not result in the contractor offsetting its
            financing costs, the Secretary is authorized and directed to
            reduce, after October 1, 2019, any outstanding or future
            obligations of the contractor to the Bureau of Reclamation,
            other than the charge assessed and collected under section
            3407(d) of Public law 102-575, by the amount of such deficiency,
            with such amount indexed to 2020 using the Treasury Rate and
            such amount shall not be recovered by the United States from any
            Central Valley Project contractor, provided nothing herein shall
            affect the obligation of the contractor to make payments
            pursuant to a transfer agreement with a non-Federal operating
            entity.
                (3) Financing costs, for the purposes of this subsection,
            shall be computed as the difference of the net present value of
            the construction cost identified in subsection (a)(3)(A) using
            the full Treasury Rate as compared to using one half of the
            Treasury Rate and applying those rates against a calculated
            average annual capital repayment through 2030.
                (4) <<NOTE: Effective date.>>  Effective in 2040, the charge
            shall revert to the amount called for in section 10007(1) of
            this part.
                (5) <<NOTE: Effective date.>>  For purposes of this section,
            ``Treasury Rate'' shall be defined as the 20 year Constant
            Maturity Treasury (CMT) rate published by the United States
            Department of the Treasury as of October 1, 2010.

        (e) Satisfaction of Certain Provisions.--
                (1) <<NOTE: Deadlines. Notice.>>  In general.--Upon the
            first release of Interim Flows or Restoration Flows, pursuant to
            paragraphs 13 or 15 of the Settlement, any short- or long-term
            agreement, to which 1 or more long-term Friant Division, Hidden
            Unit, or Buchanan Unit contractor that converts its contract
            pursuant to subsection (a) is a party, providing for the
            transfer or exchange of water not released as Interim Flows or
            Restoration Flows shall be deemed to satisfy the provisions of
            subsection 3405(a)(1)(A) and (I) of the Reclamation Projects
            Authorization and Adjustment Act of 1992 (Public Law 102-575)
            without the further concurrence of the Secretary as to
            compliance with said subsections if the contractor provides, not
            later than 90

    [[Page 123 STAT. 1362]]

            days before commencement of any such transfer or exchange for a
            period in excess of 1 year, and not later than 30 days before
            commencement of any proposed transfer or exchange with duration
            of less than 1 year, written notice to the Secretary stating how
            the proposed transfer or exchange is intended to reduce, avoid,
            or mitigate impacts to water deliveries caused by the Interim
            Flows or Restoration Flows or is intended to otherwise
            facilitate the Water Management Goal, as described in the
            Settlement. <<NOTE: Public information.>>  The Secretary shall
            promptly make such notice publicly available.
                (2) Determination of reductions to water deliveries.--Water
            transferred or exchanged under an agreement that meets the terms
            of this subsection shall not be counted as a replacement or an
            offset for purposes of determining reductions to water
            deliveries to any Friant Division long-term contractor except as
            provided in paragraph 16(b) of the Settlement. The
            Secretary <<NOTE: Deadline. Public information.>>  shall, at
            least annually, make publicly available a compilation of the
            number of transfer or exchange agreements exercising the
            provisions of this subsection to reduce, avoid, or mitigate
            impacts to water deliveries caused by the Interim Flows or
            Restoration Flows or to facilitate the Water Management Goal, as
            well as the volume of water transferred or exchanged under such
            agreements.
                (3) State law.--Nothing in this subsection alters State law
            or permit conditions, including any applicable geographical
            restrictions on the place of use of water transferred or
            exchanged pursuant to this subsection.

        (f) Certain Repayment Obligations Not Altered.--Implementation of
    the provisions of this section shall not alter the repayment obligation
    of any other long-term water service or repayment contractor receiving
    water from the Central Valley Project, or shift any costs that would
    otherwise have been properly assignable to the Friant contractors absent
    this section, including operations and maintenance costs, construction
    costs, or other capitalized costs incurred after the date of enactment
    of this Act, to other such contractors.
        (g) Statutory Interpretation.--Nothing in this part shall be
    construed to affect the right of any Friant Division, Hidden Unit, or
    Buchanan Unit long-term contractor to use a particular type of financing
    to make the payments required in paragraph (3)(A) or (4)(A) of
    subsection (a).
    SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK SALMON.

        (a) Finding.--Congress finds that the implementation of the
    Settlement to resolve 18 years of contentious litigation regarding
    restoration of the San Joaquin River and the reintroduction of the
    California Central Valley Spring Run Chinook salmon is a unique and
    unprecedented circumstance that requires clear expressions of
    Congressional intent regarding how the provisions of the Endangered
    Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized to achieve the
    goals of restoration of the San Joaquin River and the successful
    reintroduction of California Central Valley Spring Run Chinook salmon.
        (b) Reintroduction in the San Joaquin River.--California Central
    Valley Spring Run Chinook salmon shall be reintroduced in the San
    Joaquin River below Friant Dam pursuant to section

    [[Page 123 STAT. 1363]]

    10(j) of the Endangered Species Act of 1973 (16 U.S.C. 1539(j)) and the
    Settlement, provided that the Secretary of Commerce finds that a permit
    for the reintroduction of California Central Valley Spring Run Chinook
    salmon may be issued pursuant to section 10(a)(1)(A) of the Endangered
    Species Act of 1973 (16 U.S.C. 1539(a)(1)(A)).
        (c) Final Rule.--
                (1) Definition of third party.--For the purpose of this
            subsection, the term ``third party'' means persons or entities
            diverting or receiving water pursuant to applicable State and
            Federal laws and shall include Central Valley Project
            contractors outside of the Friant Division of the Central Valley
            Project and the State Water Project.
                (2) Issuance.--The Secretary of Commerce shall issue a final
            rule pursuant to section 4(d) of the Endangered Species Act of
            1973 (16 U.S.C. 1533(d)) governing the incidental take of
            reintroduced California Central Valley Spring Run Chinook salmon
            prior to the reintroduction.
                (3) Required components.--The rule issued under paragraph
            (2) shall provide that the reintroduction will not impose more
            than de minimus: water supply reductions, additional storage
            releases, or bypass flows on unwilling third parties due to such
            reintroduction.
                (4) Applicable law.--Nothing in this section--
                        (A) diminishes the statutory or regulatory
                    protections provided in the Endangered Species Act of
                    1973 for any species listed pursuant to section 4 of the
                    Endangered Species Act of 1973 (16 U.S.C. 1533) other
                    than the reintroduced population of California Central
                    Valley Spring Run Chinook salmon, including protections
                    pursuant to existing biological opinions or new
                    biological opinions issued by the Secretary or Secretary
                    of Commerce; or
                        (B) precludes the Secretary or Secretary of Commerce
                    from imposing protections under the Endangered Species
                    Act of 1973 (16 U.S.C. 1531 et seq.) for other species
                    listed pursuant to section 4 of that Act (16 U.S.C.
                    1533) because those protections provide incidental
                    benefits to such reintroduced California Central Valley
                    Spring Run Chinook salmon.

        (d) Report.--
                (1) In general.--Not later than December 31, 2024, the
            Secretary of Commerce shall report to Congress on the progress
            made on the reintroduction set forth in this section and the
            Secretary's plans for future implementation of this section.
                (2) Inclusions.--The report under paragraph (1) shall
            include--
                        (A) an assessment of the major challenges, if any,
                    to successful reintroduction;
                        (B) an evaluation of the effect, if any, of the
                    reintroduction on the existing population of California
                    Central Valley Spring Run Chinook salmon existing on the
                    Sacramento River or its tributaries; and
                        (C) an assessment regarding the future of the
                    reintroduction.

        (e) FERC Projects.--
                (1) In general.--With regard to California Central Valley
            Spring Run Chinook salmon reintroduced pursuant to the

    [[Page 123 STAT. 1364]]

            Settlement, the Secretary of Commerce shall exercise its
            authority under section 18 of the Federal Power Act (16 U.S.C.
            811) by reserving its right to file prescriptions in proceedings
            for projects licensed by the Federal Energy Regulatory
            Commission on the Calaveras, Stanislaus, Tuolumne, Merced, and
            San Joaquin rivers and otherwise consistent with subsection (c)
            until after the expiration of the term of the Settlement,
            December 31, 2025, or the expiration of the designation made
            pursuant to subsection (b), whichever ends first.
                (2) Effect of subsection.--Nothing in this subsection shall
            preclude the Secretary of Commerce from imposing prescriptions
            pursuant to section 18 of the Federal Power Act (16 U.S.C. 811)
            solely for other anadromous fish species because those
            prescriptions provide incidental benefits to such reintroduced
            California Central Valley Spring Run Chinook salmon.

        (f) Effect of Section.--Nothing in this section is intended or shall
    be construed--
                (1) to modify the Endangered Species Act of 1973 (16 U.S.C.
            1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.);
            or
                (2) to establish a precedent with respect to any other
            application of the Endangered Species Act of 1973 (16 U.S.C.
            1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.).

                  PART II--STUDY TO DEVELOP WATER PLAN; REPORT

    SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT.

        (a) Plan.--
                (1) Grant.--To the extent that funds are made available in
            advance for this purpose, the Secretary of the Interior, acting
            through the Bureau of Reclamation, shall provide direct
            financial assistance to the California Water Institute, located
            at California State University, Fresno, California, to conduct a
            study regarding the coordination and integration of sub-regional
            integrated regional water management plans into a unified
            Integrated Regional Water Management Plan for the subject
            counties in the hydrologic basins that would address issues
            related to--
                        (A) water quality;
                        (B) water supply (both surface, ground water
                    banking, and brackish water desalination);
                        (C) water conveyance;
                        (D) water reliability;
                        (E) water conservation and efficient use (by
                    distribution systems and by end users);
                        (F) flood control;
                        (G) water resource-related environmental
                    enhancement; and
                        (H) population growth.
                (2) Study area.--The study area referred to in paragraph (1)
            is the proposed study area of the San Joaquin River Hydrologic
            Region and Tulare Lake Hydrologic Region, as defined by
            California Department of Water Resources Bulletin 160-05, volume
            3, chapters 7 and 8, including Kern, Tulare, Kings,

    [[Page 123 STAT. 1365]]

            Fresno, Madera, Merced, Stanislaus, and San Joaquin counties in
            California.

        (b) Use of Plan.--The Integrated Regional Water Management Plan
    developed for the 2 hydrologic basins under subsection (a) shall serve
    as a guide for the counties in the study area described in subsection
    (a)(2) to use as a mechanism to address and solve long-term water needs
    in a sustainable and equitable manner.
        (c) Report.--The Secretary shall ensure that a report containing the
    results of the Integrated Regional Water Management Plan for the
    hydrologic regions is submitted to the Committee on Energy and Natural
    Resources of the Senate and the Committee on Natural Resources of the
    House of Representatives not later than 24 months after financial
    assistance is made available to the California Water Institute under
    subsection (a)(1).
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $1,000,000 to remain available
    until expended.

                     PART III--FRIANT DIVISION IMPROVEMENTS

    SEC. 10201. FEDERAL FACILITY IMPROVEMENTS.

        (a) <<NOTE: Studies.>>  The Secretary of the Interior (hereafter
    referred to as the ``Secretary'') is authorized and directed to conduct
    feasibility studies in coordination with appropriate Federal, State,
    regional, and local authorities on the following improvements and
    facilities in the Friant Division, Central Valley Project, California:
                (1) Restoration of the capacity of the Friant-Kern Canal and
            Madera Canal to such capacity as previously designed and
            constructed by the Bureau of Reclamation.
                (2) Reverse flow pump-back facilities on the Friant-Kern
            Canal, with reverse-flow capacity of approximately 500 cubic
            feet per second at the Poso and Shafter Check Structures and
            approximately 300 cubic feet per second at the Woollomes Check
            Structure.

        (b) Upon completion of and consistent with the applicable
    feasibility studies, the Secretary is authorized to construct the
    improvements and facilities identified in subsection (a) in accordance
    with all applicable Federal and State laws.
        (c) The costs of implementing this section shall be in accordance
    with section 10203, and shall be a nonreimbursable Federal expenditure.
    SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS.

        (a) Authorization.--The Secretary is authorized to provide financial
    assistance to local agencies within the Central Valley Project,
    California, for the planning, design, environmental compliance, and
    construction of local facilities to bank water underground or to
    recharge groundwater, and that recover such water, provided that the
    project meets the criteria in subsection (b). <<NOTE: Reports. Public
    information.>>  The Secretary is further authorized to require that any
    such local agency receiving financial assistance under the terms of this
    section submit progress reports and accountings to the Secretary, as the
    Secretary deems appropriate, which such reports shall be publicly
    available.

        (b) Criteria.--
                (1) A project shall be eligible for Federal financial
            assistance under subsection (a) only if all or a portion of the
            project is designed to reduce, avoid, or offset the quantity of
            the

    [[Page 123 STAT. 1366]]

            expected water supply impacts to Friant Division long-term
            contractors caused by the Interim or Restoration Flows
            authorized in part I of this subtitle, and such quantities have
            not already been reduced, avoided, or offset by other programs
            or projects.
                (2) <<NOTE: Applicability.>>  Federal financial assistance
            shall only apply to the portion of a project that the local
            agency designates as reducing, avoiding, or offsetting the
            expected water supply impacts caused by the Interim or
            Restoration Flows authorized in part I of this subtitle,
            consistent with the methodology developed pursuant to paragraph
            (3)(C).
                (3) <<NOTE: Determinations.>>  No Federal financial
            assistance shall be provided by the Secretary under this part
            for construction of a project under subsection (a) unless the
            Secretary--
                        (A) determines that appropriate planning, design,
                    and environmental compliance activities associated with
                    such a project have been completed, and that the
                    Secretary has been offered the opportunity to
                    participate in the project at a price that is no higher
                    than the local agency's own costs, in order to secure
                    necessary storage, extraction, and conveyance rights for
                    water that may be needed to meet the Restoration Goal as
                    described in part I of this subtitle, where such project
                    has capacity beyond that designated for the purposes in
                    paragraph (2) or where it is feasible to expand such
                    project to allow participation by the Secretary;
                        (B) determines, based on information available at
                    the time, that the local agency has the financial
                    capability and willingness to fund its share of the
                    project's construction and all operation and maintenance
                    costs on an annual basis;
                        (C) determines that a method acceptable to the
                    Secretary has been developed for quantifying the
                    benefit, in terms of reduction, avoidance, or offset of
                    the water supply impacts expected to be caused by the
                    Interim or Restoration Flows authorized in part I of
                    this subtitle, that will result from the project, and
                    for ensuring appropriate adjustment in the recovered
                    water account pursuant to section 10004(a)(5); and
                        (D) <<NOTE: Contracts.>>  has entered into a cost-
                    sharing agreement with the local agency which commits
                    the local agency to funding its share of the project's
                    construction costs on an annual basis.

        (c) <<NOTE: Deadline. Public comment.>>  Guidelines.--Within 1 year
    from the date of enactment of this part, the Secretary shall develop, in
    consultation with the Friant Division long-term contractors, proposed
    guidelines for the application of the criteria defined in subsection
    (b), and will make the proposed guidelines available for public comment.
    Such guidelines may consider prioritizing the distribution of available
    funds to projects that provide the broadest benefit within the affected
    area and the equitable allocation of funds. Upon adoption of such
    guidelines, the Secretary shall implement such assistance program,
    subject to the availability of funds appropriated for such purpose.

        (d) Cost Sharing.--The Federal financial assistance provided to
    local agencies under subsection (a) shall not exceed--

    [[Page 123 STAT. 1367]]

                (1) 50 percent of the costs associated with planning,
            design, and environmental compliance activities associated with
            such a project; and
                (2) 50 percent of the costs associated with construction of
            any such project.

        (e) Project Ownership.--
                (1) Title to, control over, and operation of, projects
            funded under subsection (a) shall remain in one or more non-
            Federal local agencies. Nothing in this part authorizes the
            Secretary to operate a groundwater bank along or adjacent to the
            San Joaquin River upstream of the confluence with the Merced
            River, and any such groundwater bank shall be operated by a non-
            Federal entity. All projects funded pursuant to this subsection
            shall comply with all applicable Federal and State laws,
            including provisions of California water law.
                (2) All operation, maintenance, and replacement and
            rehabilitation costs of such projects shall be the
            responsibility of the local agency. The Secretary shall not
            provide funding for any operation, maintenance, or replacement
            and rehabilitation costs of projects funded under subsection
            (a).
    SEC. 10203. AUTHORIZATION OF APPROPRIATIONS.

        (a) The Secretary is authorized and directed to use monies from the
    fund established under section 10009 to carry out the provisions of
    section 10201(a)(1), in an amount not to exceed $35,000,000.
        (b) <<NOTE: Determination.>>  In addition to the funds made
    available pursuant to subsection (a), the Secretary is also authorized
    to expend such additional funds from the fund established under section
    10009 to carry out the purposes of section 10201(a)(2), if such
    facilities have not already been authorized and funded under the plan
    provided for pursuant to section 10004(a)(4), in an amount not to exceed
    $17,000,000, provided that the Secretary first determines that such
    expenditure will not conflict with or delay his implementation of
    actions required by part I of this
    subtitle. <<NOTE: Notice. Publication.>>  Notice of the Secretary's
    determination shall be published not later than his submission of the
    report to Congress required by section 10009(f)(2).

        (c) In addition to funds made available in subsections (a) and (b),
    there are authorized to be appropriated $50,000,000 (October 2008 price
    levels) to carry out the purposes of this part which shall be non-
    reimbursable.

         Subtitle <<NOTE: Northwestern New Mexico Rural Water Projects
     Act. Native Americans. 43 USC 371 note.>>  B--Northwestern New Mexico
    Rural Water Projects
    SEC. 10301. SHORT TITLE.

        This subtitle may be cited as the ``Northwestern New Mexico Rural
    Water Projects Act''.
    SEC. 10302. <<NOTE: 43 USC 407 note.>>  DEFINITIONS.

        In this subtitle:
                (1) Aamodt adjudication.--The term ``Aamodt adjudication''
            means the general stream adjudication that is the subject of the
            civil action entitled ``State of New Mexico, ex rel. State
            Engineer and United States of America, Pueblo de Nambe, Pueblo
            de Pojoaque, Pueblo de San Ildefonso, and Pueblo de

    [[Page 123 STAT. 1368]]

            Tesuque v. R. Lee Aamodt, et al.'', No. 66 CV 6639 MV/LCS
            (D.N.M.).
                (2) Abeyta adjudication.--The term ``Abeyta adjudication''
            means the general stream adjudication that is the subject of the
            civil actions entitled ``State of New Mexico v. Abeyta and State
            of New Mexico v. Arrellano'', Civil Nos. 7896-BB (D.N.M) and
            7939-BB (D.N.M.) (consolidated).
                (3) Acre-feet.--The term ``acre-feet'' means acre-feet per
            year.
                (4) Agreement.--The term ``Agreement'' means the agreement
            among the State of New Mexico, the Nation, and the United States
            setting forth a stipulated and binding agreement signed by the
            State of New Mexico and the Nation on April 19, 2005.
                (5) Allottee.--The term ``allottee'' means a person that
            holds a beneficial real property interest in a Navajo allotment
            that--
                        (A) is located within the Navajo Reservation or the
                    State of New Mexico;
                        (B) is held in trust by the United States; and
                        (C) was originally granted to an individual member
                    of the Nation by public land order or otherwise.
                (6) Animas-la plata project.--The term ``Animas-La Plata
            Project'' has the meaning given the term in section 3 of Public
            Law 100-585 (102 Stat. 2973), including Ridges Basin Dam, Lake
            Nighthorse, the Navajo Nation Municipal Pipeline, and any other
            features or modifications made pursuant to the Colorado Ute
            Settlement Act Amendments of 2000 (Public Law 106-554; 114 Stat.
            2763A-258).
                (7) City.--The term ``City'' means the city of Gallup, New
            Mexico, or a designee of the City, with authority to provide
            water to the Gallup, New Mexico service area.
                (8) Colorado river compact.--The term ``Colorado River
            Compact'' means the Colorado River Compact of 1922 as approved
            by Congress in the Act of December 21, 1928 (45 Stat. 1057) and
            by the Presidential Proclamation of June 25, 1929 (46 Stat.
            3000).
                (9) Colorado river system.--The term ``Colorado River
            System'' has the same meaning given the term in Article II(a) of
            the Colorado River Compact.
                (10) Compact.--The term ``Compact'' means the Upper Colorado
            River Basin Compact as consented to by the Act of April 6, 1949
            (63 Stat. 31, chapter 48).
                (11) Contract.--The term ``Contract'' means the contract
            between the United States and the Nation setting forth certain
            commitments, rights, and obligations of the United States and
            the Nation, as described in paragraph 6.0 of the Agreement.
                (12) Depletion.--The term ``depletion'' means the depletion
            of the flow of the San Juan River stream system in the State of
            New Mexico by a particular use of water (including any depletion
            incident to the use) and represents the diversion from the
            stream system by the use, less return flows to the stream system
            from the use.
                (13) Draft impact statement.--The term ``Draft Impact
            Statement'' means the draft environmental impact statement
            prepared by the Bureau of Reclamation for the Project dated
            March 2007.

    [[Page 123 STAT. 1369]]

                (14) Fund.--The term ``Fund'' means the Reclamation Waters
            Settlements Fund established by section 10501(a).
                (15) Hydrologic determination.--The term ``hydrologic
            determination'' means the hydrologic determination entitled
            ``Water Availability from Navajo Reservoir and the Upper
            Colorado River Basin for Use in New Mexico,'' prepared by the
            Bureau of Reclamation pursuant to section 11 of the Act of June
            13, 1962 (Public Law 87-483; 76 Stat. 99), and dated May 23,
            2007.
                (16) Lower basin.--The term ``Lower Basin'' has the same
            meaning given the term in Article II(g) of the Colorado River
            Compact.
                (17) Nation.--The term ``Nation'' means the Navajo Nation, a
            body politic and federally-recognized Indian nation as provided
            for in section 101(2) of the Federally Recognized Indian Tribe
            List of 1994 (25 U.S.C. 497a(2)), also known variously as the
            ``Navajo Tribe,'' the ``Navajo Tribe of Arizona, New Mexico &
            Utah,'' and the ``Navajo Tribe of Indians'' and other similar
            names, and includes all bands of Navajo Indians and chapters of
            the Navajo Nation.
                (18) Navajo-gallup water supply project; project.--The term
            ``Navajo-Gallup Water Supply Project'' or ``Project'' means the
            Navajo-Gallup Water Supply Project authorized under section
            10602(a), as described as the preferred alternative in the Draft
            Impact Statement.
                (19) Navajo indian irrigation project.--The term ``Navajo
            Indian Irrigation Project'' means the Navajo Indian irrigation
            project authorized by section 2 of Public Law 87-483 (76 Stat.
            96).
                (20) Navajo reservoir.--The term ``Navajo Reservoir'' means
            the reservoir created by the impoundment of the San Juan River
            at Navajo Dam, as authorized by the Act of April 11, 1956
            (commonly known as the ``Colorado River Storage Project Act'')
            (43 U.S.C. 620 et seq.).
                (21) Navajo nation municipal pipeline; pipeline.--The term
            ``Navajo Nation Municipal Pipeline'' or ``Pipeline'' means the
            pipeline used to convey the water of the Animas-La Plata Project
            of the Navajo Nation from the City of Farmington, New Mexico, to
            communities of the Navajo Nation located in close proximity to
            the San Juan River Valley in the State of New Mexico (including
            the City of Shiprock), as authorized by section 15(b) of the
            Colorado Ute Indian Water Rights Settlement Act of 1988 (Public
            Law 100-585; 102 Stat. 2973; 114 Stat. 2763A-263).
                (22) Non-navajo irrigation districts.--The term ``Non-Navajo
            Irrigation Districts'' means--
                        (A) the Hammond Conservancy District;
                        (B) the Bloomfield Irrigation District; and
                        (C) any other community ditch organization in the
                    San Juan River basin in the State of New Mexico.
                (23) Partial final decree.--The term ``Partial Final
            Decree'' means a final and binding judgment and decree entered
            by a court in the stream adjudication, setting forth the rights
            of the Nation to use and administer waters of the San Juan River
            Basin in New Mexico, as set forth in Appendix 1 of the
            Agreement.

    [[Page 123 STAT. 1370]]

                (24) Project participants.--The term ``Project
            Participants'' means the City, the Nation, and the Jicarilla
            Apache Nation.
                (25) San juan river basin recovery implementation program.--
            The term ``San Juan River Basin Recovery Implementation
            Program'' means the intergovernmental program established
            pursuant to the cooperative agreement dated October 21, 1992
            (including any amendments to the program).
                (26) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Commissioner of Reclamation
            or any other designee.
                (27) Stream adjudication.--The term ``stream adjudication''
            means the general stream adjudication that is the subject of New
            Mexico v. United States, et al., No. 75-185 (11th Jud. Dist.,
            San Juan County, New Mexico) (involving claims to waters of the
            San Juan River and the tributaries of that river).
                (28) Supplemental partial final decree.--The term
            ``Supplemental Partial Final Decree'' means a final and binding
            judgment and decree entered by a court in the stream
            adjudication, setting forth certain water rights of the Nation,
            as set forth in Appendix 2 of the Agreement.
                (29) Trust fund.--The term ``Trust Fund'' means the Navajo
            Nation Water Resources Development Trust Fund established by
            section 10702(a).
                (30) Upper basin.--The term ``Upper Basin'' has the same
            meaning given the term in Article II(f) of the Colorado River
            Compact.
    SEC. 10303. <<NOTE: 43 USC 407 note.>>  COMPLIANCE WITH
                                ENVIRONMENTAL LAWS.

        (a) Effect of Execution of Agreement.--The execution of the
    Agreement under section 10701(a)(2) shall not constitute a major Federal
    action under the National Environmental Policy Act of 1969 (42 U.S.C.
    4321 et seq.).
        (b) Compliance With Environmental Laws.--In carrying out this
    subtitle, the Secretary shall comply with each law of the Federal
    Government relating to the protection of the environment, including--
                (1) the National Environmental Policy Act of 1969 (42 U.S.C.
            4321 et seq.); and
                (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
            seq.).
    SEC. 10304. NO REALLOCATION OF COSTS.

        (a) Effect of Act.--Notwithstanding any other provision of law, the
    Secretary shall not reallocate or reassign any costs of projects that
    have been authorized under the Act of April 11, 1956 (commonly known as
    the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.), as
    of the date of enactment of this Act because of--
                (1) the authorization of the Navajo-Gallup Water Supply
            Project under this subtitle; or
                (2) the changes in the uses of the water diverted by the
            Navajo Indian Irrigation Project or the waters stored in the
            Navajo Reservoir authorized under this subtitle.

        (b) Use of Power Revenues.--Notwithstanding any other provision of
    law, no power revenues under the Act of April 11, 1956 (commonly known
    as the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.),
    shall be used to pay or reimburse

    [[Page 123 STAT. 1371]]

    any costs of the Navajo Indian Irrigation Project or Navajo-Gallup Water
    Supply Project.
    SEC. 10305. INTEREST RATE.

        Notwithstanding any other provision of law, the interest rate
    applicable to any repayment contract entered into under section 10604
    shall be equal to the discount rate for Federal water resources
    planning, as determined by the Secretary.

    PART I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC
                                   LAW 87-483

    SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT.

        (a) Participating Projects.--Paragraph (2) of the first section of
    the Act of April 11, 1956 (commonly known as the ``Colorado River
    Storage Project Act'') (43 U.S.C. 620(2)) is amended by inserting ``the
    Navajo-Gallup Water Supply Project,'' after ``Fruitland Mesa,''.
        (b) Navajo Reservoir Water Bank.--The Act of April 11, 1956
    (commonly known as the ``Colorado River Storage Project Act'') is
    amended--
                (1) by redesignating section 16 (43 U.S.C. 620o) as section
            17; and
                (2) by inserting after section 15 (43 U.S.C. 620n) the
            following:

        ``Sec. 16. (a) <<NOTE: 43 USC 620n-1.>>  The Secretary of the
    Interior may create and operate within the available capacity of Navajo
    Reservoir a top water bank.

        ``(b) Water made available for the top water bank in accordance with
    subsections (c) and (d) shall not be subject to section 11 of Public Law
    87-483 (76 Stat. 99).
        ``(c) The top water bank authorized under subsection (a) shall be
    operated in a manner that--
                ``(1) is consistent with applicable law, except that,
            notwithstanding any other provision of law, water for purposes
            other than irrigation may be stored in the Navajo Reservoir
            pursuant to the rules governing the top water bank established
            under this section; and
                ``(2) does not impair the ability of the Secretary of the
            Interior to deliver water under contracts entered into under--
                        ``(A) Public Law 87-483 (76 Stat. 96); and
                        ``(B) New Mexico State Engineer File Nos. 2847,
                    2848, 2849, and 2917.

        ``(d)(1) <<NOTE: Procedures.>>  The Secretary of the Interior, in
    cooperation with the State of New Mexico (acting through the Interstate
    Stream Commission), shall develop any terms and procedures for the
    storage, accounting, and release of water in the top water bank that are
    necessary to comply with subsection (c).

        ``(2) The terms and procedures developed under paragraph (1) shall
    include provisions requiring that--
                ``(A) the storage of banked water shall be subject to
            approval under State law by the New Mexico State Engineer to
            ensure that impairment of any existing water right does

    [[Page 123 STAT. 1372]]

            not occur, including storage of water under New Mexico State
            Engineer File No. 2849;
                ``(B) water in the top water bank be subject to evaporation
            and other losses during storage;
                ``(C) water in the top water bank be released for delivery
            to the owner or assigns of the banked water on request of the
            owner, subject to reasonable scheduling requirements for making
            the release;
                ``(D) water in the top water bank be the first water spilled
            or released for flood control purposes in anticipation of a
            spill, on the condition that top water bank water shall not be
            released or included for purposes of calculating whether a
            release should occur for purposes of satisfying the flow
            recommendations of the San Juan River Basin Recovery
            Implementation Program; and
                ``(E) water eligible for banking in the top water bank shall
            be water that otherwise would have been diverted and
            beneficially used in New Mexico that year.

        ``(e) The Secretary of the Interior may charge fees to water users
    that use the top water bank in amounts sufficient to cover the costs
    incurred by the United States in administering the water bank.''.
    SEC. 10402. AMENDMENTS TO PUBLIC LAW 87-483.

        (a) Navajo Indian Irrigation Project.--Public Law 87-483 (76 Stat.
    96) is amended by striking section 2 and inserting the following:
        ``Sec. 2. (a) <<NOTE: 43 USC 615jj.>>  In accordance with the Act of
    April 11, 1956 (commonly known as the `Colorado River Storage Project
    Act') (43 U.S.C. 620 et seq.), the Secretary of the Interior is
    authorized to construct, operate, and maintain the Navajo Indian
    Irrigation Project to provide irrigation water to a service area of not
    more than 110,630 acres of land.

        ``(b)(1) Subject to paragraph (2), the average annual diversion by
    the Navajo Indian Irrigation Project from the Navajo Reservoir over any
    consecutive 10-year period shall be the lesser of--
                ``(A) 508,000 acre-feet per year; or
                ``(B) the quantity of water necessary to supply an average
            depletion of 270,000 acre-feet per year.

        ``(2) The quantity of water diverted for any 1 year shall not exceed
    the average annual diversion determined under paragraph (1) by more than
    15 percent.
        ``(c) In addition to being used for irrigation, the water diverted
    by the Navajo Indian Irrigation Project under subsection (b) may be used
    within the area served by Navajo Indian Irrigation Project facilities
    for the following purposes:
                ``(1) Aquaculture purposes, including the rearing of fish in
            support of the San Juan River Basin Recovery Implementation
            Program authorized by Public Law 106-392 (114 Stat. 1602).
                ``(2) Domestic, industrial, or commercial purposes relating
            to agricultural production and processing.
                ``(3)(A) The generation of hydroelectric power as an
            incident to the diversion of water by the Navajo Indian
            Irrigation Project for authorized purposes.
                ``(B) Notwithstanding any other provision of law--

    [[Page 123 STAT. 1373]]

                        ``(i) any hydroelectric power generated under this
                    paragraph shall be used or marketed by the Navajo
                    Nation;
                        ``(ii) the Navajo Nation shall retain any revenues
                    from the sale of the hydroelectric power; and
                        ``(iii) the United States shall have no trust
                    obligation to monitor, administer, or account for the
                    revenues received by the Navajo Nation, or the
                    expenditure of the revenues.
                ``(4) The implementation of the alternate water source
            provisions described in subparagraph 9.2 of the agreement
            executed under section 10701(a)(2) of the Northwestern New
            Mexico Rural Water Projects Act.

        ``(d) The Navajo Indian Irrigation Project water diverted under
    subsection (b) may be transferred to areas located within or outside the
    area served by Navajo Indian Irrigation Project facilities, and within
    or outside the boundaries of the Navajo Nation, for any beneficial use
    in accordance with--
                ``(1) the agreement executed under section 10701(a)(2) of
            the Northwestern New Mexico Rural Water Projects Act;
                ``(2) the contract executed under section 10604(a)(2)(B) of
            that Act; and
                ``(3) any other applicable law.

        ``(e) The Secretary may use the capacity of the Navajo Indian
    Irrigation Project works to convey water supplies for--
                ``(1) the Navajo-Gallup Water Supply Project under section
            10602 of the Northwestern New Mexico Rural Water Projects Act;
            or
                ``(2) other nonirrigation purposes authorized under
            subsection (c) or (d).

        ``(f)(1) Repayment of the costs of construction of the project (as
    authorized in subsection (a)) shall be in accordance with the Act of
    April 11, 1956 (commonly known as the `Colorado River Storage Project
    Act') (43 U.S.C. 620 et seq.), including section 4(d) of that Act.
        ``(2) The Secretary shall not reallocate, or require repayment of,
    construction costs of the Navajo Indian Irrigation Project because of
    the conveyance of water supplies for nonirrigation purposes under
    subsection (e).''.
        (b) Runoff Above Navajo Dam.--Section 11 of Public Law 87-483 (76
    Stat. 100) <<NOTE: 43 USC 615ss.>>  is amended by adding at the end the
    following:

        ``(d)(1) <<NOTE: Determination.>>  For purposes of implementing in a
    year of prospective shortage the water allocation procedures established
    by subsection (a), the Secretary of the Interior shall determine the
    quantity of any shortages and the appropriate apportionment of water
    using the normal diversion requirements on the flow of the San Juan
    River originating above Navajo Dam based on the following criteria:
                ``(A) The quantity of diversion or water delivery for the
            current year anticipated to be necessary to irrigate land in
            accordance with cropping plans prepared by contractors.
                ``(B) The annual diversion or water delivery demands for the
            current year anticipated for non-irrigation uses under water
            delivery contracts, including contracts authorized by the
            Northwestern New Mexico Rural Water Projects Act, but excluding
            any current demand for surface water for placement into aquifer
            storage for future recovery and use.

    [[Page 123 STAT. 1374]]

                ``(C) An annual normal diversion demand of 135,000 acre-feet
            for the initial stage of the San Juan-Chama Project authorized
            by section 8, which shall be the amount to which any shortage is
            applied.

        ``(2) The Secretary shall not include in the normal diversion
    requirements--
                ``(A) the quantity of water that reliably can be anticipated
            to be diverted or delivered under a contract from inflows to the
            San Juan River arising below Navajo Dam under New Mexico State
            Engineer File No. 3215; or
                ``(B) the quantity of water anticipated to be supplied
            through reuse.

        ``(e)(1) If the Secretary determines that there is a shortage of
    water under subsection (a), the Secretary shall respond to the shortage
    in the Navajo Reservoir water supply by curtailing releases and
    deliveries in the following order:
                ``(A) The demand for delivery for uses in the State of
            Arizona under the Navajo-Gallup Water Supply Project authorized
            by section 10603 of the Northwestern New Mexico Rural Water
            Projects Act, excluding the quantity of water anticipated to be
            diverted for the uses from inflows to the San Juan River that
            arise below Navajo Dam in accordance with New Mexico State
            Engineer File No. 3215.
                ``(B) The demand for delivery for uses allocated under
            paragraph 8.2 of the agreement executed under section
            10701(a)(2) of the Northwestern New Mexico Rural Water Projects
            Act, excluding the quantity of water anticipated to be diverted
            for such uses under State Engineer File No. 3215.
                ``(C) The uses in the State of New Mexico that are
            determined under subsection (d), in accordance with the
            procedure for apportioning the water supply under subsection
            (a).

        ``(2) For any year for which the Secretary determines and responds
    to a shortage in the Navajo Reservoir water supply, the Secretary shall
    not deliver, and contractors of the water supply shall not divert, any
    of the water supply for placement into aquifer storage for future
    recovery and use.
        ``(3) To determine the occurrence and amount of any shortage to
    contracts entered into under this section, the Secretary shall not
    include as available storage any water stored in a top water bank in
    Navajo Reservoir established under section 16(a) of the Act of April 11,
    1956 (commonly known as the `Colorado River Storage Project Act').
        ``(f) The Secretary of the Interior shall apportion water under
    subsections (a), (d), and (e) on an annual volume basis.
        ``(g) The Secretary of the Interior may revise a determination of
    shortages, apportionments, or allocations of water under subsections
    (a), (d), and (e) on the basis of information relating to water supply
    conditions that was not available at the time at which the determination
    was made.
        ``(h) Nothing in this section prohibits the distribution of water in
    accordance with cooperative water agreements between water users
    providing for a sharing of water supplies.
        ``(i) Diversions under New Mexico State Engineer File No. 3215 shall
    be distributed, to the maximum extent water is available, in
    proportionate amounts to the diversion demands of contractors and
    subcontractors of the Navajo Reservoir water supply that are diverting
    water below Navajo Dam.''.

    [[Page 123 STAT. 1375]]

    SEC. 10403. <<NOTE: 43 USC 620 note.>>  EFFECT ON FEDERAL WATER
                                LAW.

        Unless expressly provided in this subtitle, nothing in this subtitle
    modifies, conflicts with, preempts, or otherwise affects--
                (1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
                (2) the Boulder Canyon Project Adjustment Act (54 Stat. 774,
            chapter 643);
                (3) the Act of April 11, 1956 (commonly known as the
            ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.);
                (4) the Act of September 30, 1968 (commonly known as the
            ``Colorado River Basin Project Act'') (82 Stat. 885);
                (5) Public Law 87-483 (76 Stat. 96);
                (6) the Treaty between the United States of America and
            Mexico respecting utilization of waters of the Colorado and
            Tijuana Rivers and of the Rio Grande, signed at Washington
            February 3, 1944 (59 Stat. 1219);
                (7) the Colorado River Compact of 1922, as approved by the
            Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
                (8) the Compact;
                (9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);
                (10) the Jicarilla Apache Tribe Water Rights Settlement Act
            (106 Stat. 2237); or
                (11) section 205 of the Energy and Water Development
            Appropriations Act, 2005 (118 Stat. 2949).

                   PART II--RECLAMATION WATER SETTLEMENTS FUND

    SEC. 10501. <<NOTE: 43 USC 407.>>  RECLAMATION WATER SETTLEMENTS
                                FUND.

        (a) Establishment.--There is established in the Treasury of the
    United States a fund, to be known as the ``Reclamation Water Settlements
    Fund'', consisting of--
                (1) such amounts as are deposited to the Fund under
            subsection (b); and
                (2) any interest earned on investment of amounts in the Fund
            under subsection (d).

        (b) Deposits to Fund.--
                (1) In general.--For each of fiscal years 2020 through 2029,
            the Secretary of the Treasury shall deposit in the Fund, if
            available, $120,000,000 of the revenues that would otherwise be
            deposited for the fiscal year in the fund established by the
            first section of the Act of June 17, 1902 (32 Stat. 388, chapter
            1093).
                (2) Availability of amounts.--Amounts deposited in the Fund
            under paragraph (1) shall be made available pursuant to this
            section--
                        (A) without further appropriation; and
                        (B) in addition to amounts appropriated pursuant to
                    any authorization contained in any other provision of
                    law.

        (c) Expenditures From Fund.--
                (1) In general.--
                        (A) Expenditures.--Subject to subparagraph (B), for
                    each of fiscal years 2020 through 2034, the Secretary
                    may expend from the Fund an amount not to exceed
                    $120,000,000, plus the interest accrued in the Fund, for
                    the fiscal year in which expenditures are made pursuant
                    to paragraphs (2) and (3).

    [[Page 123 STAT. 1376]]

                        (B) Additional expenditures.--The Secretary may
                    expend more than $120,000,000 for any fiscal year if
                    such amounts are available in the Fund due to
                    expenditures not reaching $120,000,000 for prior fiscal
                    years.
                (2) Authority.--The Secretary may expend money from the Fund
            to implement a settlement agreement approved by Congress that
            resolves, in whole or in part, litigation involving the United
            States, if the settlement agreement or implementing legislation
            requires the Bureau of Reclamation to provide financial
            assistance for, or plan, design, and construct--
                        (A) water supply infrastructure; or
                        (B) a project--
                              (i) to rehabilitate a water delivery system to
                          conserve water; or
                              (ii) to restore fish and wildlife habitat or
                          otherwise improve environmental conditions
                          associated with or affected by, or located within
                          the same river basin as, a Federal reclamation
                          project that is in existence on the date of
                          enactment of this Act.
                (3) Use for completion of project and other settlements.--
                        (A) Priorities.--
                              (i) First priority.--
                                        (I) In general.--The first priority
                                    for expenditure of amounts in the Fund
                                    during the entire period in which the
                                    Fund is in existence shall be for the
                                    purposes described in, and in the order
                                    of, clauses (i) through (iv) of
                                    subparagraph (B).
                                        (II) Reserved amounts.--The
                                    Secretary shall reserve and use amounts
                                    deposited into the Fund in accordance
                                    with subclause (I).
                              (ii) Other purposes.--Any amounts in the Fund
                          that are not needed for the purposes described in
                          subparagraph (B) may be used for other purposes
                          authorized in paragraph (2).
                        (B) <<NOTE: Effective
                    dates. Deadlines. Expenditures.>>  Completion of
                    project.--
                              (i) Navajo-gallup water supply project.--
                                        (I) In general.--Subject to
                                    subclause (II), effective beginning
                                    January 1, 2020, if, in the judgment of
                                    the Secretary on an annual basis the
                                    deadline described in section
                                    10701(e)(1)(A)(ix) is unlikely to be met
                                    because a sufficient amount of funding
                                    is not otherwise available through
                                    appropriations made available pursuant
                                    to section 10609(a), the Secretary shall
                                    expend from the Fund such amounts on an
                                    annual basis consistent with paragraphs
                                    (1) and (2), as are necessary to pay the
                                    Federal share of the costs, and
                                    substantially complete as expeditiously
                                    as practicable, the construction of the
                                    water supply infrastructure authorized
                                    as part of the Project.
                                        (II) Maximum amount.--
                                                (aa) In general.--Except as
                                            provided under item (bb), the
                                            amount expended under subclause
                                            (I) shall not exceed
                                            $500,000,000 for the period of
                                            fiscal years 2020 through 2029.

    [[Page 123 STAT. 1377]]

                                                (bb) Exception.--The
                                            limitation on the expenditure
                                            amount under item (aa) may be
                                            exceeded during the entire
                                            period in which the Fund is in
                                            existence if such additional
                                            funds can be expended without
                                            limiting the amounts identified
                                            in clauses (ii) through (iv).
                              (ii) Other new mexico settlements.--
                                        (I) In general.--Subject to
                                    subclause (II), effective beginning
                                    January 1, 2020, in addition to the
                                    funding made available under clause (i),
                                    if in the judgment of the Secretary on
                                    an annual basis a sufficient amount of
                                    funding is not otherwise available
                                    through annual appropriations, the
                                    Secretary shall expend from the Fund
                                    such amounts on an annual basis
                                    consistent with paragraphs (1) and (2),
                                    as are necessary to pay the Federal
                                    share of the remaining costs of
                                    implementing the Indian water rights
                                    settlement agreements entered into by
                                    the State of New Mexico in the Aamodt
                                    adjudication and the Abeyta
                                    adjudication, if such settlements are
                                    subsequently approved and authorized by
                                    an Act of Congress and the
                                    implementation period has not already
                                    expired.
                                        (II) Maximum amount.--The amount
                                    expended under subclause (I) shall not
                                    exceed $250,000,000.
                              (iii) Montana settlements.--
                                        (I) In general.--Subject to
                                    subclause (II), effective beginning
                                    January 1, 2020, in addition to funding
                                    made available pursuant to clauses (i)
                                    and (ii), if in the judgment of the
                                    Secretary on an annual basis a
                                    sufficient amount of funding is not
                                    otherwise available through annual
                                    appropriations, the Secretary shall
                                    expend from the Fund such amounts on an
                                    annual basis consistent with paragraphs
                                    (1) and (2), as are necessary to pay the
                                    Federal share of the remaining costs of
                                    implementing Indian water rights
                                    settlement agreements entered into by
                                    the State of Montana with the Blackfeet
                                    Tribe, the Crow Tribe, or the Gros
                                    Ventre and Assiniboine Tribes of the
                                    Fort Belknap Indian Reservation in the
                                    judicial proceeding entitled ``In re the
                                    General Adjudication of All the Rights
                                    to Use Surface and Groundwater in the
                                    State of Montana'', if a settlement or
                                    settlements are subsequently approved
                                    and authorized by an Act of Congress and
                                    the implementation period has not
                                    already expired.
                                        (II) Maximum amount.--
                                                (aa) In general.--Except as
                                            provided under item (bb), the
                                            amount expended under subclause
                                            (I) shall not exceed
                                            $350,000,000 for the period of
                                            fiscal years 2020 through 2029.
                                                (bb) Exception.--The
                                            limitation on the expenditure
                                            amount under item (aa) may be

    [[Page 123 STAT. 1378]]

                                            exceeded during the entire
                                            period in which the Fund is in
                                            existence if such additional
                                            funds can be expended without
                                            limiting the amounts identified
                                            in clause (i), (ii), and (iv).
                                                (cc) Other funding.--The
                                            Secretary shall ensure that any
                                            funding under this clause shall
                                            be provided in a manner that
                                            does not limit the funding
                                            available pursuant to clauses
                                            (i) and (ii).
                              (iv) Arizona settlement.--
                                        (I) In general.--Subject to
                                    subclause (II), effective beginning
                                    January 1, 2020, in addition to funding
                                    made available pursuant to clauses (i),
                                    (ii), and (iii), if in the judgment of
                                    the Secretary on an annual basis a
                                    sufficient amount of funding is not
                                    otherwise available through annual
                                    appropriations, the Secretary shall
                                    expend from the Fund such amounts on an
                                    annual basis consistent with paragraphs
                                    (1) and (2), as are necessary to pay the
                                    Federal share of the remaining costs of
                                    implementing an Indian water rights
                                    settlement agreement entered into by the
                                    State of Arizona with the Navajo Nation
                                    to resolve the water rights claims of
                                    the Nation in the Lower Colorado River
                                    basin in Arizona, if a settlement is
                                    subsequently approved and authorized by
                                    an Act of Congress and the
                                    implementation period has not already
                                    expired.
                                        (II) Maximum amount.--
                                                (aa) In general.--Except as
                                            provided under item (bb), the
                                            amount expended under subclause
                                            (I) shall not exceed
                                            $100,000,000 for the period of
                                            fiscal years 2020 through 2029.
                                                (bb) Exception.--The
                                            limitation on the expenditure
                                            amount under item (aa) may be
                                            exceeded during the entire
                                            period in which the Fund is in
                                            existence if such additional
                                            funds can be expended without
                                            limiting the amounts identified
                                            in clauses (i) through (iii).
                                                (cc) Other funding.--The
                                            Secretary shall ensure that any
                                            funding under this clause shall
                                            be provided in a manner that
                                            does not limit the funding
                                            available pursuant to clauses
                                            (i) and (ii).
                        (C) <<NOTE: Deadline.>>  Reversion.--If the
                    settlements described in clauses (ii) through (iv) of
                    subparagraph (B) have not been approved and authorized
                    by an Act of Congress by December 31, 2019, the amounts
                    reserved for the settlements shall no longer be reserved
                    by the Secretary pursuant to subparagraph (A)(i) and
                    shall revert to the Fund for any authorized use, as
                    determined by the Secretary.

        (d) Investment of Amounts.--
                (1) In general.--The Secretary shall invest such portion of
            the Fund as is not, in the judgment of the Secretary, required
            to meet current withdrawals.

    [[Page 123 STAT. 1379]]

                (2) Credits to fund.--The interest on, and the proceeds from
            the sale or redemption of, any obligations held in the Fund
            shall be credited to, and form a part of, the Fund.

        (e) Transfers of Amounts.--
                (1) In general.--The amounts required to be transferred to
            the Fund under this section shall be transferred at least
            monthly from the general fund of the Treasury to the Fund on the
            basis of estimates made by the Secretary of the Treasury.
                (2) Adjustments.--Proper adjustment shall be made in amounts
            subsequently transferred to the extent prior estimates were in
            excess of or less than the amounts required to be transferred.

        (f) Termination.--On September 30, 2034--
                (1) the Fund shall terminate; and
                (2) the unexpended and unobligated balance of the Fund shall
            be transferred to the appropriate fund of the Treasury.

                  PART III--NAVAJO-GALLUP WATER SUPPLY PROJECT

    SEC. 10601. PURPOSES.

        The purposes of this part are--
                (1) to authorize the Secretary to construct, operate, and
            maintain the Navajo-Gallup Water Supply Project;
                (2) to allocate the capacity of the Project among the
            Nation, the City, and the Jicarilla Apache Nation; and
                (3) to authorize the Secretary to enter into Project
            repayment contracts with the City and the Jicarilla Apache
            Nation.
    SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY PROJECT.

        (a) In General.--The Secretary, acting through the Commissioner of
    Reclamation, is authorized to design, construct, operate, and maintain
    the Project in substantial accordance with the preferred alternative in
    the Draft Impact Statement.
        (b) Project Facilities.--To provide for the delivery of San Juan
    River water to Project Participants, the Secretary may construct,
    operate, and maintain the Project facilities described in the preferred
    alternative in the Draft Impact Statement, including:
                (1) A pumping plant on the San Juan River in the vicinity of
            Kirtland, New Mexico.
                (2)(A) A main pipeline from the San Juan River near
            Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, New
            Mexico, which follows United States Highway 491.
                (B) Any pumping plants associated with the pipeline
            authorized under subparagraph (A).
                (3)(A) A main pipeline from Cutter Reservoir to Ojo Encino,
            New Mexico, which follows United States Highway 550.
                (B) Any pumping plants associated with the pipeline
            authorized under subparagraph (A).
                (4)(A) Lateral pipelines from the main pipelines to Nation
            communities in the States of New Mexico and Arizona.
                (B) Any pumping plants associated with the pipelines
            authorized under subparagraph (A).
                (5) Any water regulation, storage or treatment facility,
            service connection to an existing public water supply system,

    [[Page 123 STAT. 1380]]

            power substation, power distribution works, or other appurtenant
            works (including a building or access road) that is related to
            the Project facilities authorized by paragraphs (1) through (4),
            including power transmission facilities and associated wheeling
            services to connect Project facilities to existing high-voltage
            transmission facilities and deliver power to the Project.

        (c) Acquisition of Land.--
                (1) In general.--The Secretary is authorized to acquire any
            land or interest in land that is necessary to construct,
            operate, and maintain the Project facilities authorized under
            subsection (b).
                (2) Land of the project participants.--As a condition of
            construction of the facilities authorized under this part, the
            Project Participants shall provide all land or interest in land,
            as appropriate, that the Secretary identifies as necessary for
            acquisition under this subsection at no cost to the Secretary.
                (3) Limitation.--The Secretary may not condemn water rights
            for purposes of the Project.

        (d) Conditions.--
                (1) In general.--Except as provided in paragraph (2), the
            Secretary shall not commence construction of the facilities
            authorized under subsection (b) until such time as--
                        (A) the Secretary executes the Agreement and the
                    Contract;
                        (B) the contracts authorized under section 10604 are
                    executed;
                        (C) the Secretary--
                              (i) completes an environmental impact
                          statement for the Project; and
                              (ii) has issued a record of decision that
                          provides for a preferred alternative; and
                        (D) <<NOTE: Contracts.>>  the Secretary has entered
                    into an agreement with the State of New Mexico under
                    which the State of New Mexico will provide a share of
                    the construction costs of the Project of not less than
                    $50,000,000, except that the State of New Mexico shall
                    receive credit for funds the State has contributed to
                    construct water conveyance facilities to the Project
                    Participants to the extent that the facilities reduce
                    the cost of the Project as estimated in the Draft Impact
                    Statement.
                (2) <<NOTE: Contracts. Consultation.>>  Exception.--If the
            Jicarilla Apache Nation elects not to enter into a contract
            pursuant to section 10604, the Secretary, after consulting with
            the Nation, the City, and the State of New Mexico acting through
            the Interstate Stream Commission, may make appropriate
            modifications to the scope of the Project and proceed with
            Project construction if all other conditions for construction
            have been satisfied.
                (3) Effect of indian self-determination and education
            assistance act.--The Indian Self-Determination and Education
            Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the
            design, construction, operation, maintenance, or replacement of
            the Project.

        (e) Power.--The Secretary shall reserve, from existing reservations
    of Colorado River Storage Project power for Bureau of Reclamation
    projects, up to 26 megawatts of power for use by the Project.

    [[Page 123 STAT. 1381]]

        (f) Conveyance of Title to Project Facilities.--
                (1) In general.--The Secretary is authorized to enter into
            separate agreements with the City and the Nation and, on
            entering into the agreements, shall convey title to each Project
            facility or section of a Project facility authorized under
            subsection (b) (including any appropriate interests in land) to
            the City and the Nation after--
                        (A) completion of construction of a Project facility
                    or a section of a Project facility that is operating and
                    delivering water; and
                        (B) <<NOTE: Contracts.>>  execution of a Project
                    operations agreement approved by the Secretary and the
                    Project Participants that sets forth--
                              (i) any terms and conditions that the
                          Secretary determines are necessary--
                                        (I) to ensure the continuation of
                                    the intended benefits of the Project;
                                    and
                                        (II) to fulfill the purposes of this
                                    part;
                              (ii) requirements acceptable to the Secretary
                          and the Project Participants for--
                                        (I) the distribution of water under
                                    the Project or section of a Project
                                    facility; and
                                        (II) the allocation and payment of
                                    annual operation, maintenance, and
                                    replacement costs of the Project or
                                    section of a Project facility based on
                                    the proportionate uses of Project
                                    facilities; and
                              (iii) <<NOTE: Compliance.>>  conditions and
                          requirements acceptable to the Secretary and the
                          Project Participants for operating and maintaining
                          each Project facility on completion of the
                          conveyance of title, including the requirement
                          that the City and the Nation shall--
                                        (I) comply with--
                                                (aa) the Compact; and
                                                (bb) other applicable law;
                                            and
                                        (II) be responsible for--
                                                (aa) the operation,
                                            maintenance, and replacement of
                                            each Project facility; and
                                                (bb) the accounting and
                                            management of water conveyance
                                            and Project finances, as
                                            necessary to administer and
                                            fulfill the conditions of the
                                            Contract executed under section
                                            10604(a)(2)(B).
                (2) Effect of conveyance.--The conveyance of title to each
            Project facility shall not affect the application of the
            Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating
            to the use of the water associated with the Project.
                (3) Liability.--
                        (A) In general.--Effective on the date of the
                    conveyance authorized by this subsection, the United
                    States shall not be held liable by any court for damages
                    of any kind arising out of any act, omission, or
                    occurrence relating to the land, buildings, or
                    facilities conveyed under this subsection, other than
                    damages caused by acts of negligence committed by the
                    United States, or by employees or agents of the United
                    States, prior to the date of conveyance.

    [[Page 123 STAT. 1382]]

                        (B) Tort claims.--Nothing in this section increases
                    the liability of the United States beyond the liability
                    provided in chapter 171 of title 28, United States Code
                    (commonly known as the ``Federal Tort Claims Act'').
                (4) <<NOTE: Deadline.>>  Notice of proposed conveyance.--Not
            later than 45 days before the date of a proposed conveyance of
            title to any Project facility, the Secretary shall submit to the
            Committee on Resources of the House of Representatives and to
            the Committee on Energy and Natural Resources of the Senate
            notice of the conveyance of each Project facility.

        (g) Colorado River Storage Project Power.--The conveyance of Project
    facilities under subsection (f) shall not affect the availability of
    Colorado River Storage Project power to the Project under subsection
    (e).
        (h) Regional Use of Project Facilities.--
                (1) In general.--Subject to paragraph (2), Project
            facilities constructed under subsection (b) may be used to treat
            and convey non-Project water or water that is not allocated by
            subsection 10603(b) if--
                        (A) capacity is available without impairing any
                    water delivery to a Project Participant; and
                        (B) <<NOTE: Payments.>>  the unallocated or non-
                    Project water beneficiary--
                              (i) has the right to use the water;
                              (ii) agrees to pay the operation, maintenance,
                          and replacement costs assignable to the
                          beneficiary for the use of the Project facilities;
                          and
                              (iii) agrees to pay an appropriate fee that
                          may be established by the Secretary to assist in
                          the recovery of any capital cost allocable to that
                          use.
                (2) Effect of payments.--Any payments to the United States
            or the Nation for the use of unused capacity under this
            subsection or for water under any subcontract with the Nation or
            the Jicarilla Apache Nation shall not alter the construction
            repayment requirements or the operation, maintenance, and
            replacement payment requirements of the Project Participants.
    SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY PROJECT
                                WATER.

        (a) Use of Project Water.--
                (1) In general.--In accordance with this subtitle and other
            applicable law, water supply from the Project shall be used for
            municipal, industrial, commercial, domestic, and stock watering
            purposes.
                (2) Use on certain land.--
                        (A) In general.--Subject to subparagraph (B), the
                    Nation may use Project water allocations on--
                              (i) land held by the United States in trust
                          for the Nation and members of the Nation; and
                              (ii) land held in fee by the Nation.
                        (B) Transfer.--The Nation may transfer the purposes
                    and places of use of the allocated water in accordance
                    with the Agreement and applicable law.
                (3) Hydroelectric power.--
                        (A) In general.--Hydroelectric power may be
                    generated as an incident to the delivery of Project
                    water for authorized purposes under paragraph (1).

    [[Page 123 STAT. 1383]]

                        (B) Administration.--Notwithstanding any other
                    provision of law--
                              (i) any hydroelectric power generated under
                          this paragraph shall be used or marketed by the
                          Nation;
                              (ii) the Nation shall retain any revenues from
                          the sale of the hydroelectric power; and
                              (iii) the United States shall have no trust
                          obligation or other obligation to monitor,
                          administer, or account for the revenues received
                          by the Nation, or the expenditure of the revenues.
                (4) Storage.--
                        (A) In general.--Subject to subparagraph (B), any
                    water contracted for delivery under paragraph (1) that
                    is not needed for current water demands or uses may be
                    delivered by the Project for placement in underground
                    storage in the State of New Mexico for future recovery
                    and use.
                        (B) State approval.--Delivery of water under
                    subparagraph (A) is subject to--
                              (i) approval by the State of New Mexico under
                          applicable provisions of State law relating to
                          aquifer storage and recovery; and
                              (ii) the provisions of the Agreement and this
                          subtitle.

        (b) Project Water and Capacity Allocations.--
                (1) Diversion.--Subject to availability and consistent with
            Federal and State law, the Project may divert from the Navajo
            Reservoir and the San Juan River a quantity of water to be
            allocated and used consistent with the Agreement and this
            subtitle, that does not exceed in any 1 year, the lesser of--
                        (A) 37,760 acre-feet of water; or
                        (B) the quantity of water necessary to supply a
                    depletion from the San Juan River of 35,890 acre-feet.
                (2) Project delivery capacity allocations.--
                        (A) In general.--The capacity of the Project shall
                    be allocated to the Project Participants in accordance
                    with subparagraphs (B) through (E), other provisions of
                    this subtitle, and other applicable law.
                        (B) Delivery capacity allocation to the city.--The
                    Project may deliver at the point of diversion from the
                    San Juan River not more than 7,500 acre-feet of water in
                    any 1 year for which the City has secured rights for the
                    use of the City.
                        (C) Delivery capacity allocation to navajo nation
                    communities in new mexico.--For use by the Nation in the
                    State of New Mexico, the Project may deliver water out
                    of the water rights held by the Secretary for the Nation
                    and confirmed under this subtitle, at the points of
                    diversion from the San Juan River or at Navajo Reservoir
                    in any 1 year, the lesser of--
                              (i) 22,650 acre-feet of water; or
                              (ii) the quantity of water necessary to supply
                          a depletion from the San Juan River of 20,780
                          acre-feet of water.
                        (D) Delivery capacity allocation to navajo nation
                    communities in arizona.--Subject to subsection (c), the
                    Project may deliver at the point of diversion from the

    [[Page 123 STAT. 1384]]

                    San Juan River not more than 6,411 acre-feet of water in
                    any 1 year for use by the Nation in the State of
                    Arizona.
                        (E) Delivery capacity allocation to jicarilla apache
                    nation.--The Project may deliver at Navajo Reservoir not
                    more than 1,200 acre-feet of water in any 1 year of the
                    water rights of the Jicarilla Apache Nation, held by the
                    Secretary and confirmed by the Jicarilla Apache Tribe
                    Water Rights Settlement Act (Public Law 102-441; 106
                    Stat. 2237), for use by the Jicarilla Apache Nation in
                    the southern portion of the Jicarilla Apache Nation
                    Reservation in the State of New Mexico.
                (3) Use in excess of delivery capacity allocation
            quantity.--Notwithstanding each delivery capacity allocation
            quantity limit described in subparagraphs (B), (C), and (E) of
            paragraph (2), the Secretary may authorize a Project Participant
            to exceed the delivery capacity allocation quantity limit of
            that Project Participant if--
                        (A) delivery capacity is available without impairing
                    any water delivery to any other Project Participant; and
                        (B) the Project Participant benefitting from the
                    increased allocation of delivery capacity--
                              (i) has the right under applicable law to use
                          the additional water;
                              (ii) <<NOTE: Payments.>>  agrees to pay the
                          operation, maintenance, and replacement costs
                          relating to the additional use of any Project
                          facility; and
                              (iii) <<NOTE: Fees.>>  agrees, if the Project
                          title is held by the Secretary, to pay a fee
                          established by the Secretary to assist in
                          recovering capital costs relating to that
                          additional use.

        (c) Conditions for Use in Arizona.--
                (1) <<NOTE: Contracts.>>  Requirements.--Project water shall
            not be delivered for use by any community of the Nation located
            in the State of Arizona under subsection (b)(2)(D) until--
                        (A) <<NOTE: Waiver.>>  the Nation and the State of
                    Arizona have entered into a water rights settlement
                    agreement approved by an Act of Congress that settles
                    and waives the Nation's claims to water in the Lower
                    Basin and the Little Colorado River Basin in the State
                    of Arizona, including those of the United States on the
                    Nation's behalf; and
                        (B) the Secretary and the Navajo Nation have entered
                    into a Navajo Reservoir water supply delivery contract
                    for the physical delivery and diversion of water via the
                    Project from the San Juan River system to supply uses in
                    the State of Arizona.
                (2) Accounting of uses in arizona.--
                        (A) In general.--Pursuant to paragraph (1) and
                    notwithstanding any other provision of law, water may be
                    diverted by the Project from the San Juan River in the
                    State of New Mexico in accordance with an appropriate
                    permit issued under New Mexico law for use in the State
                    of Arizona within the Navajo Reservation in the Lower
                    Basin; provided that any depletion of water that results
                    from the diversion of water by the Project from the San
                    Juan River in the State of New Mexico for uses within
                    the State of Arizona (including depletion incidental to
                    the diversion, impounding, or conveyance of water in the
                    State

    [[Page 123 STAT. 1385]]

                    of New Mexico for uses in the State of Arizona) shall be
                    administered and accounted for as either--
                              (i) a part of, and charged against, the
                          available consumptive use apportionment made to
                          the State of Arizona by Article III(a) of the
                          Compact and to the Upper Basin by Article III(a)
                          of the Colorado River Compact, in which case any
                          water so diverted by the Project into the Lower
                          Basin for use within the State of Arizona shall
                          not be credited as water reaching Lee Ferry
                          pursuant to Article III(c) and III(d) of the
                          Colorado River Compact; or
                              (ii) subject to subparagraph (B), a part of,
                          and charged against, the consumptive use
                          apportionment made to the Lower Basin by Article
                          III(a) of the Colorado River Compact, in which
                          case it shall--
                                        (I) be a part of the Colorado River
                                    water that is apportioned to the State
                                    of Arizona in Article II(B) of the
                                    Consolidated Decree of the Supreme Court
                                    of the United States in Arizona v.
                                    California (547 U.S. 150) (as may be
                                    amended or supplemented);
                                        (II) be credited as water reaching
                                    Lee Ferry pursuant to Article III(c) and
                                    III(d) of the Colorado River Compact;
                                    and
                                        (III) be accounted as the water
                                    identified in section 104(a)(1)(B)(ii)
                                    of the Arizona Water Settlements Act,
                                    (118 Stat. 3478).
                        (B) Limitation.--Notwithstanding subparagraph
                    (A)(ii), no water diverted by the Project shall be
                    accounted for pursuant to subparagraph (A)(ii) until
                    such time that--

                          (i) <<NOTE: Criteria. Policies. Contracts. Guidelin
                          es.>>  the Secretary has developed and, as
                          necessary and appropriate, modified, in
                          consultation with the Upper Colorado River
                          Commission and the Governors' Representatives on
                          Colorado River Operations from each State
                          signatory to the Colorado River Compact, all
                          operational and decisional criteria, policies,
                          contracts, guidelines or other documents that
                          control the operations of the Colorado River
                          System reservoirs and diversion works, so as to
                          adjust, account for, and offset the diversion of
                          water apportioned to the State of Arizona,
                          pursuant to the Boulder Canyon Project Act (43
                          U.S.C. 617 et seq.), from a point of diversion on
                          the San Juan River in New
                          Mexico; <<NOTE: Applicability.>>  provided that
                          all such modifications shall be consistent with
                          the provisions of this Section, and the
                          modifications made pursuant to this clause shall
                          be applicable only for the duration of any such
                          diversions pursuant to section 10603(c)(2)(A)(ii);
                          and
                              (ii) Article II(B) of the Decree of the
                          Supreme Court of the United States in Arizona v.
                          California (547 U.S. 150 as may be amended or
                          supplemented) is administered so that diversions
                          from the main stream for the Central Arizona
                          Project, as served under existing contracts with
                          the United States by diversion works heretofore
                          constructed, shall be limited and reduced to
                          offset any diversions made pursuant to section
                          10603(c)(2)(A)(ii) of this Act. This clause shall

    [[Page 123 STAT. 1386]]

                          not affect, in any manner, the amount of water
                          apportioned to Arizona pursuant to the Boulder
                          Canyon Project Act (43 U.S.C. 617 et seq.), or
                          amend any provisions of said decree or the
                          Colorado River Basin Project Act (43 U.S.C. 1501
                          et. seq.).
                (3) Upper basin protections.--
                        (A) Consultations.--Henceforth, in any consultation
                    pursuant to 16 U.S.C. 1536(a) with respect to water
                    development in the San Juan River Basin, the Secretary
                    shall confer with the States of Colorado and New Mexico,
                    consistent with the provisions of section 5 of the
                    ``Principles for Conducting Endangered Species Act
                    Section 7 Consultations on Water Development and Water
                    Management Activities Affecting Endangered Fish Species
                    in the San Juan River Basin'' as adopted by the
                    Coordination Committee, San Juan River Basin Recovery
                    Implementation Program, on June 19, 2001, and as may be
                    amended or modified.
                        (B) Preservation of existing rights.--Rights to the
                    consumptive use of water available to the Upper Basin
                    from the Colorado River System under the Colorado River
                    Compact and the Compact shall not be reduced or
                    prejudiced by any use of water pursuant to subsection
                    10603(c). Nothing in this Act shall be construed so as
                    to impair, conflict with, or otherwise change the duties
                    and powers of the Upper Colorado River Commission.

        (d) Forbearance.--
                (1) In general.--Subject to paragraphs (2) and (3), during
            any year in which a shortage to the normal diversion requirement
            for any use relating to the Project within the State of Arizona
            occurs (as determined under section 11 of Public Law 87-483 (76
            Stat. 99)), the Nation may temporarily forbear the delivery of
            the water supply of the Navajo Reservoir for uses in the State
            of New Mexico under the apportionments of water to the Navajo
            Indian Irrigation Project and the normal diversion requirements
            of the Project to allow an equivalent quantity of water to be
            delivered from the Navajo Reservoir water supply for municipal
            and domestic uses of the Nation in the State of Arizona under
            the Project.
                (2) Limitation of forbearance.--The Nation may forebear the
            delivery of water under paragraph (1) of a quantity not
            exceeding the quantity of the shortage to the normal diversion
            requirement for any use relating to the Project within the State
            of Arizona.
                (3) Effect.--The forbearance of the delivery of water under
            paragraph (1) shall be subject to the requirements in subsection
            (c).

        (e) Effect.--Nothing in this subtitle--
                (1) authorizes the marketing, leasing, or transfer of the
            water supplies made available to the Nation under the Contract
            to non-Navajo water users in States other than the State of New
            Mexico; or
                (2) authorizes the forbearance of water uses in the State of
            New Mexico to allow uses of water in other States other than as
            authorized under subsection (d).

        (f) Colorado River Compacts.--Notwithstanding any other provision of
    law--

    [[Page 123 STAT. 1387]]

                (1) water may be diverted by the Project from the San Juan
            River in the State of New Mexico for use within New Mexico in
            the lower basin, as that term is used in the Colorado River
            Compact;
                (2) any water diverted under paragraph (1) shall be a part
            of, and charged against, the consumptive use apportionment made
            to the State of New Mexico by Article III(a) of the Compact and
            to the upper basin by Article III(a) of the Colorado River
            Compact; and
                (3) any water so diverted by the Project into the lower
            basin within the State of New Mexico shall not be credited as
            water reaching Lee Ferry pursuant to Articles III(c) and III(d)
            of the Colorado River Compact.

        (g) Payment of Operation, Maintenance, and Replacement Costs.--
                (1) In general.--The Secretary is authorized to pay the
            operation, maintenance, and replacement costs of the Project
            allocable to the Project Participants under section 10604 until
            the date on which the Secretary declares any section of the
            Project to be substantially complete and delivery of water
            generated by, and through, that section of the Project can be
            made to a Project participant.
                (2) <<NOTE: Effective date.>>  Project participant
            payments.--Beginning on the date described in paragraph (1),
            each Project Participant shall pay all allocated operation,
            maintenance, and replacement costs for that substantially
            completed section of the Project, in accordance with contracts
            entered into pursuant to section 10604, except as provided in
            section 10604(f).

        (h) No Precedent.--Nothing in this Act shall be construed as
    authorizing or establishing a precedent for any type of transfer of
    Colorado River System water between the Upper Basin and Lower Basin. Nor
    shall anything in this Act be construed as expanding the Secretary's
    authority in the Upper Basin.
        (i) Unique Situation.--Diversions by the Project consistent with
    this section address critical tribal and non-Indian water supply needs
    under unique circumstances, which include, among other things--
                (1) the intent to benefit an American Indian tribe;
                (2) the Navajo Nation's location in both the Upper and Lower
            Basin;
                (3) the intent to address critical Indian water needs in the
            State of Arizona and Indian and non-Indian water needs in the
            State of New Mexico,
                (4) the location of the Navajo Nation's capital city of
            Window Rock in the State of Arizona in close proximity to the
            border of the State of New Mexico and the pipeline route for the
            Project;
                (5) the lack of other reasonable options available for
            developing a firm, sustainable supply of municipal water for the
            Navajo Nation at Window Rock in the State of Arizona; and
                (6) the limited volume of water to be diverted by the
            Project to supply municipal uses in the Window Rock area in the
            State of Arizona.

        (j) Consensus.--Congress notes the consensus of the Governors'
    Representatives on Colorado River Operations of the States that are
    signatory to the Colorado River Compact regarding the diversions
    authorized for the Project under this section.

    [[Page 123 STAT. 1388]]

        (k) Efficient Use.--The diversions and uses authorized for the
    Project under this Section represent unique and efficient uses of
    Colorado River apportionments in a manner that Congress has determined
    would be consistent with the obligations of the United States to the
    Navajo Nation.
    SEC. 10604. PROJECT CONTRACTS.

        (a) Navajo Nation Contract.--
                (1) Hydrologic determination.--Congress recognizes that the
            Hydrologic Determination necessary to support approval of the
            Contract has been completed.
                (2) Contract approval.--
                        (A) Approval.--
                              (i) In general.--Except to the extent that any
                          provision of the Contract conflicts with this
                          subtitle, Congress approves, ratifies, and
                          confirms the Contract.
                              (ii) Amendments.--To the extent any amendment
                          is executed to make the Contract consistent with
                          this subtitle, that amendment is authorized,
                          ratified, and confirmed.
                        (B) Execution of contract.--The Secretary, acting on
                    behalf of the United States, shall enter into the
                    Contract to the extent that the Contract does not
                    conflict with this subtitle (including any amendment
                    that is required to make the Contract consistent with
                    this subtitle).
                (3) Nonreimbursability of allocated costs.--The following
            costs shall be nonreimbursable and not subject to repayment by
            the Nation or any other Project beneficiary:
                        (A) Any share of the construction costs of the
                    Nation relating to the Project authorized by section
                    10602(a).
                        (B) Any costs relating to the construction of the
                    Navajo Indian Irrigation Project that may otherwise be
                    allocable to the Nation for use of any facility of the
                    Navajo Indian Irrigation Project to convey water to each
                    Navajo community under the Project.
                        (C) Any costs relating to the construction of Navajo
                    Dam that may otherwise be allocable to the Nation for
                    water deliveries under the Contract.
                (4) Operation, maintenance, and replacement obligation.--
            Subject to subsection (f), the Contract shall include provisions
            under which the Nation shall pay any costs relating to the
            operation, maintenance, and replacement of each facility of the
            Project that are allocable to the Nation.
                (5) Limitation, cancellation, termination, and rescission.--
            The Contract may be limited by a term of years, canceled,
            terminated, or rescinded only by an Act of Congress.

        (b) City of Gallup Contract.--
                (1) Contract authorization.--Consistent with this subtitle,
            the Secretary is authorized to enter into a repayment contract
            with the City that requires the City--
                        (A) to repay, within a 50-year period, the share of
                    the construction costs of the City relating to the
                    Project, with interest as provided under section 10305;
                    and
                        (B) consistent with section 10603(g), to pay the
                    operation, maintenance, and replacement costs of the
                    Project that are allocable to the City.
                (2) Contract prepayment.--

    [[Page 123 STAT. 1389]]

                        (A) In general.--The contract authorized under
                    paragraph (1) may allow the City to satisfy the
                    repayment obligation of the City for construction costs
                    of the Project on the payment of the share of the City
                    prior to the initiation of construction.
                        (B) Amount.--The amount of the share of the City
                    described in subparagraph (A) shall be determined by
                    agreement between the Secretary and the City.
                        (C) Repayment obligation.--Any repayment obligation
                    established by the Secretary and the City pursuant to
                    subparagraph (A) shall be subject to a final cost
                    allocation by the Secretary on project completion and to
                    the limitations set forth in paragraph (3).
                (3) Share of construction costs.--
                        (A) <<NOTE: Determination.>>  In general.--Subject
                    to subparagraph (B), the Secretary shall determine the
                    share of the construction costs of the Project allocable
                    to the City and establish the percentage of the
                    allocated construction costs that the City shall be
                    required to repay pursuant to the contract entered into
                    under paragraph (1), based on the ability of the City to
                    pay.
                        (B) Minimum percentage.--Notwithstanding
                    subparagraph (A), the repayment obligation of the City
                    shall be at least 25 percent of the construction costs
                    of the Project that are allocable to the City, but shall
                    in no event exceed 35 percent.
                (4) Excess construction costs.--Any construction costs of
            the Project allocable to the City in excess of the repayment
            obligation of the City, as determined under paragraph (3), shall
            be nonreimbursable.
                (5) Grant funds.--A grant from any other Federal source
            shall not be credited toward the amount required to be repaid by
            the City under a repayment contract.
                (6) Title transfer.--If title is transferred to the City
            prior to repayment under section 10602(f), the City shall be
            required to provide assurances satisfactory to the Secretary of
            fulfillment of the remaining repayment obligation of the City.
                (7) <<NOTE: Effective date.>>  Water delivery subcontract.--
            The Secretary shall not enter into a contract under paragraph
            (1) with the City until the City has secured a water supply for
            the City's portion of the Project described in section
            10603(b)(2)(B), by entering into, as approved by the Secretary,
            a water delivery subcontract for a period of not less than 40
            years beginning on the date on which the construction of any
            facility of the Project serving the City is completed, with--
                        (A) the Nation, as authorized by the Contract;
                        (B) the Jicarilla Apache Nation, as authorized by
                    the settlement contract between the United States and
                    the Jicarilla Apache Tribe, authorized by the Jicarilla
                    Apache Tribe Water Rights Settlement Act (Public Law
                    102-441; 106 Stat. 2237); or
                        (C) an acquired alternate source of water, subject
                    to approval of the Secretary and the State of New
                    Mexico, acting through the New Mexico Interstate Stream
                    Commission and the New Mexico State Engineer.

        (c) Jicarilla Apache Nation Contract.--

    [[Page 123 STAT. 1390]]

                (1) Contract authorization.--Consistent with this subtitle,
            the Secretary is authorized to enter into a repayment contract
            with the Jicarilla Apache Nation that requires the Jicarilla
            Apache Nation--
                        (A) to repay, within a 50-year period, the share of
                    any construction cost of the Jicarilla Apache Nation
                    relating to the Project, with interest as provided under
                    section 10305; and
                        (B) consistent with section 10603(g), to pay the
                    operation, maintenance, and replacement costs of the
                    Project that are allocable to the Jicarilla Apache
                    Nation.
                (2) Contract prepayment.--
                        (A) In general.--The contract authorized under
                    paragraph (1) may allow the Jicarilla Apache Nation to
                    satisfy the repayment obligation of the Jicarilla Apache
                    Nation for construction costs of the Project on the
                    payment of the share of the Jicarilla Apache Nation
                    prior to the initiation of construction.
                        (B) Amount.--The amount of the share of Jicarilla
                    Apache Nation described in subparagraph (A) shall be
                    determined by agreement between the Secretary and the
                    Jicarilla Apache Nation.
                        (C) Repayment obligation.--Any repayment obligation
                    established by the Secretary and the Jicarilla Apache
                    Nation pursuant to subparagraph (A) shall be subject to
                    a final cost allocation by the Secretary on project
                    completion and to the limitations set forth in paragraph
                    (3).
                (3) Share of construction costs.--
                        (A) <<NOTE: Determination.>>  In general.--Subject
                    to subparagraph (B), the Secretary shall determine the
                    share of the construction costs of the Project allocable
                    to the Jicarilla Apache Nation and establish the
                    percentage of the allocated construction costs of the
                    Jicarilla Apache Nation that the Jicarilla Apache Nation
                    shall be required to repay based on the ability of the
                    Jicarilla Apache Nation to pay.
                        (B) Minimum percentage.--Notwithstanding
                    subparagraph (A), the repayment obligation of the
                    Jicarilla Apache Nation shall be at least 25 percent of
                    the construction costs of the Project that are allocable
                    to the Jicarilla Apache Nation, but shall in no event
                    exceed 35 percent.
                (4) Excess construction costs.--Any construction costs of
            the Project allocable to the Jicarilla Apache Nation in excess
            of the repayment obligation of the Jicarilla Apache Nation as
            determined under paragraph (3), shall be nonreimbursable.
                (5) Grant funds.--A grant from any other Federal source
            shall not be credited toward the share of the Jicarilla Apache
            Nation of construction costs.
                (6) Navajo indian irrigation project costs.--The Jicarilla
            Apache Nation shall have no obligation to repay any Navajo
            Indian Irrigation Project construction costs that might
            otherwise be allocable to the Jicarilla Apache Nation for use of
            the Navajo Indian Irrigation Project facilities to convey water
            to the Jicarilla Apache Nation, and any such costs shall be
            nonreimbursable.

        (d) Capital Cost Allocations.--
                (1) In general.--For purposes of estimating the capital
            repayment requirements of the Project Participants under this

    [[Page 123 STAT. 1391]]

            section, the Secretary shall review and, as appropriate, update
            the Draft Impact Statement allocating capital construction costs
            for the Project.
                (2) Final cost allocation.--The repayment contracts entered
            into with Project Participants under this section shall require
            that the Secretary perform a final cost allocation when
            construction of the Project is determined to be substantially
            complete.
                (3) <<NOTE: Determination.>>  Repayment obligation.--The
            Secretary shall determine the repayment obligation of the
            Project Participants based on the final cost allocation
            identifying reimbursable and nonreimbursable capital costs of
            the Project consistent with this subtitle.

        (e) <<NOTE: Review.>>  Operation, Maintenance, and Replacement Cost
    Allocations.--For purposes of determining the operation, maintenance,
    and replacement obligations of the Project Participants under this
    section, the Secretary shall review and, as appropriate, update the
    Draft Impact Statement that allocates operation, maintenance, and
    replacement costs for the Project.

        (f) Temporary Waivers of Payments.--
                (1) In general.--On the date on which the Secretary declares
            a section of the Project to be substantially complete and
            delivery of water generated by and through that section of the
            Project can be made to the Nation, the Secretary may waive, for
            a period of not more than 10 years, the operation, maintenance,
            and replacement costs allocable to the Nation for that section
            of the Project that the Secretary determines are in excess of
            the ability of the Nation to pay.
                (2) Subsequent payment by nation.--After a waiver under
            paragraph (1), the Nation shall pay all allocated operation,
            maintenance, and replacement costs of that section of the
            Project.
                (3) Payment by united states.--Any operation, maintenance,
            or replacement costs waived by the Secretary under paragraph (1)
            shall be paid by the United States and shall be nonreimbursable.
                (4) Effect on contracts.--Failure of the Secretary to waive
            costs under paragraph (1) because of a lack of availability of
            Federal funding to pay the costs under paragraph (3) shall not
            alter the obligations of the Nation or the United States under a
            repayment contract.
                (5) Termination of authority.--The authority of the
            Secretary to waive costs under paragraph (1) with respect to a
            Project facility transferred to the Nation under section
            10602(f) shall terminate on the date on which the Project
            facility is transferred.

        (g) <<NOTE: Establishment.>>  Project Construction Committee.--The
    Secretary shall facilitate the formation of a project construction
    committee with the Project Participants and the State of New Mexico--
                (1) to review cost factors and budgets for construction and
            operation and maintenance activities;
                (2) to improve construction management through enhanced
            communication; and
                (3) to seek additional ways to reduce overall Project costs.

    [[Page 123 STAT. 1392]]

    SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE.

        (a) Use of Navajo Nation Pipeline.--In addition to use of the Navajo
    Nation Municipal Pipeline to convey the Animas-La Plata Project water of
    the Nation, the Nation may use the Navajo Nation Municipal Pipeline to
    convey non-Animas La Plata Project water for municipal and industrial
    purposes.
        (b) Conveyance of Title to Pipeline.--
                (1) In general.--On completion of the Navajo Nation
            Municipal Pipeline, the Secretary may enter into separate
            agreements with the City of Farmington, New Mexico and the
            Nation to convey title to each portion of the Navajo Nation
            Municipal Pipeline facility or section of the Pipeline to the
            City of Farmington and the Nation after execution of a Project
            operations agreement approved by the Secretary, the Nation, and
            the City of Farmington that sets forth any terms and conditions
            that the Secretary determines are necessary.
                (2) Conveyance to the city of farmington or navajo nation.--
            In conveying title to the Navajo Nation Municipal Pipeline under
            this subsection, the Secretary shall convey--
                        (A) to the City of Farmington, the facilities and
                    any land or interest in land acquired by the United
                    States for the construction, operation, and maintenance
                    of the Pipeline that are located within the corporate
                    boundaries of the City; and
                        (B) to the Nation, the facilities and any land or
                    interests in land acquired by the United States for the
                    construction, operation, and maintenance of the Pipeline
                    that are located outside the corporate boundaries of the
                    City of Farmington.
                (3) Effect of conveyance.--The conveyance of title to the
            Pipeline shall not affect the application of the Endangered
            Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the use
            of water associated with the Animas-La Plata Project.
                (4) Liability.--
                        (A) <<NOTE: Effective date.>>  In general.--
                    Effective on the date of the conveyance authorized by
                    this subsection, the United States shall not be held
                    liable by any court for damages of any kind arising out
                    of any act, omission, or occurrence relating to the
                    land, buildings, or facilities conveyed under this
                    subsection, other than damages caused by acts of
                    negligence committed by the United States or by
                    employees or agents of the United States prior to the
                    date of conveyance.
                        (B) Tort claims.--Nothing in this subsection
                    increases the liability of the United States beyond the
                    liability provided under chapter 171 of title 28, United
                    States Code (commonly known as the ``Federal Tort Claims
                    Act'').
                (5) <<NOTE: Deadline.>>  Notice of proposed conveyance.--Not
            later than 45 days before the date of a proposed conveyance of
            title to the Pipeline, the Secretary shall submit to the
            Committee on Natural Resources of the House of Representatives
            and the Committee on Energy and Natural Resources of the Senate,
            notice of the conveyance of the Pipeline.
    SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS.

        (a) <<NOTE: Deadline.>>  Conjunctive Groundwater Development Plan.--
    Not later than 1 year after the date of enactment of this Act, the

    [[Page 123 STAT. 1393]]

    Nation, in consultation with the Secretary, shall complete a conjunctive
    groundwater development plan for the wells described in subsections (b)
    and (c).

        (b) Wells in the San Juan River Basin.--In accordance with the
    conjunctive groundwater development plan, the Secretary may construct or
    rehabilitate wells and related pipeline facilities to provide capacity
    for the diversion and distribution of not more than 1,670 acre-feet of
    groundwater in the San Juan River Basin in the State of New Mexico for
    municipal and domestic uses.
        (c) Wells in the Little Colorado and Rio Grande Basins.--
                (1) In general.--In accordance with the Project and
            conjunctive groundwater development plan for the Nation, the
            Secretary may construct or rehabilitate wells and related
            pipeline facilities to provide capacity for the diversion and
            distribution of--
                        (A) not more than 680 acre-feet of groundwater in
                    the Little Colorado River Basin in the State of New
                    Mexico;
                        (B) not more than 80 acre-feet of groundwater in the
                    Rio Grande Basin in the State of New Mexico; and
                        (C) not more than 770 acre-feet of groundwater in
                    the Little Colorado River Basin in the State of Arizona.
                (2) Use.--Groundwater diverted and distributed under
            paragraph (1) shall be used for municipal and domestic uses.

        (d) Acquisition of Land.--
                (1) In general.--Except as provided in paragraph (2), the
            Secretary may acquire any land or interest in land that is
            necessary for the construction, operation, and maintenance of
            the wells and related pipeline facilities authorized under
            subsections (b) and (c).
                (2) Limitation.--Nothing in this subsection authorizes the
            Secretary to condemn water rights for the purposes described in
            paragraph (1).

        (e) Condition.--The Secretary shall not commence any construction
    activity relating to the wells described in subsections (b) and (c)
    until the Secretary executes the Agreement.
        (f) Conveyance of Wells.--
                (1) <<NOTE: Determination. Contracts.>>  In general.--On the
            determination of the Secretary that the wells and related
            facilities are substantially complete and delivery of water
            generated by the wells can be made to the Nation, an agreement
            with the Nation shall be entered into, to convey to the Nation
            title to--
                        (A) any well or related pipeline facility
                    constructed or rehabilitated under subsections (a) and
                    (b) after the wells and related facilities have been
                    completed; and
                        (B) any land or interest in land acquired by the
                    United States for the construction, operation, and
                    maintenance of the well or related pipeline facility.
                (2) Operation, maintenance, and replacement.--
                        (A) <<NOTE: Payments.>>  In general.--The Secretary
                    is authorized to pay operation and maintenance costs for
                    the wells and related pipeline facilities authorized
                    under this subsection until title to the facilities is
                    conveyed to the Nation.
                        (B) Subsequent assumption by nation.--On completion
                    of a conveyance of title under paragraph (1), the Nation
                    shall assume all responsibility for the operation and
                    maintenance of the well or related pipeline facility
                    conveyed.

    [[Page 123 STAT. 1394]]

                (3) Effect of conveyance.--The conveyance of title to the
            Nation of the conjunctive use wells under paragraph (1) shall
            not affect the application of the Endangered Species Act of 1973
            (16 U.S.C. 1531 et seq.).

        (g) Use of Project Facilities.--The capacities of the treatment
    facilities, main pipelines, and lateral pipelines of the Project
    authorized by section 10602(b) may be used to treat and convey
    groundwater to Nation communities if the Nation provides for payment of
    the operation, maintenance, and replacement costs associated with the
    use of the facilities or pipelines.
        (h) Limitations.--The diversion and use of groundwater by wells
    constructed or rehabilitated under this section shall be made in a
    manner consistent with applicable Federal and State law.
    SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS.

        (a) Rehabilitation.--Subject to subsection (b), the Secretary shall
    rehabilitate--
                (1) the Fruitland-Cambridge Irrigation Project to serve not
            more than 3,335 acres of land, which shall be considered to be
            the total serviceable area of the project; and
                (2) the Hogback-Cudei Irrigation Project to serve not more
            than 8,830 acres of land, which shall be considered to be the
            total serviceable area of the project.

        (b) Condition.--The Secretary shall not commence any construction
    activity relating to the rehabilitation of the Fruitland-Cambridge
    Irrigation Project or the Hogback-Cudei Irrigation Project under
    subsection (a) until the Secretary executes the Agreement.
        (c) Operation, Maintenance, and Replacement Obligation.--The Nation
    shall continue to be responsible for the operation, maintenance, and
    replacement of each facility rehabilitated under this section.
    SEC. 10608. OTHER IRRIGATION PROJECTS.

        (a) <<NOTE: Deadline.>>  In General.--Not later than 2 years after
    the date of enactment of this Act, the Secretary, in consultation with
    the State of New Mexico (acting through the Interstate Stream
    Commission) and the Non-Navajo Irrigation Districts that elect to
    participate, shall--
                (1) <<NOTE: Study.>>  conduct a study of Non-Navajo
            Irrigation District diversion and ditch facilities; and
                (2) based on the study, identify and prioritize a list of
            projects, with associated cost estimates, that are recommended
            to be implemented to repair, rehabilitate, or reconstruct
            irrigation diversion and ditch facilities to improve water use
            efficiency.

        (b) Grants.--The Secretary may provide grants to, and enter into
    cooperative agreements with, the Non-Navajo Irrigation Districts to
    plan, design, or otherwise implement the projects identified under
    subsection (a)(2).
        (c) Cost-Sharing.--
                (1) Federal share.--The Federal share of the total cost of
            carrying out a project under subsection (b) shall be not more
            than 50 percent, and shall be nonreimbursable.
                (2) Form.--The non-Federal share required under paragraph
            (1) may be in the form of in-kind contributions, including

    [[Page 123 STAT. 1395]]

            the contribution of any valuable asset or service that the
            Secretary determines would substantially contribute to a project
            carried out under subsection (b).
                (3) State contribution.--The Secretary may accept from the
            State of New Mexico a partial or total contribution toward the
            non-Federal share for a project carried out under subsection
            (b).
    SEC. 10609. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization of Appropriations for Navajo-Gallup Water Supply
    Project.--
                (1) In general.--There is authorized to be appropriated to
            the Secretary to plan, design, and construct the Project
            $870,000,000 for the period of fiscal years 2009 through 2024,
            to remain available until expended.
                (2) Adjustments.--The amount under paragraph (1) shall be
            adjusted by such amounts as may be required by reason of changes
            since 2007 in construction costs, as indicated by engineering
            cost indices applicable to the types of construction involved.
                (3) Use.--In addition to the uses authorized under paragraph
            (1), amounts made available under that paragraph may be used for
            the conduct of related activities to comply with Federal
            environmental laws.
                (4) Operation and maintenance.--
                        (A) In general.--There are authorized to be
                    appropriated such sums as are necessary to operate and
                    maintain the Project consistent with this subtitle.
                        (B) Expiration.--The authorization under
                    subparagraph (A) shall expire 10 years after the year
                    the Secretary declares the Project to be substantially
                    complete.

        (b) Appropriations for Conjunctive Use Wells.--
                (1) San juan wells.--There is authorized to be appropriated
            to the Secretary for the construction or rehabilitation and
            operation and maintenance of conjunctive use wells under section
            10606(b) $30,000,000, as adjusted under paragraph (3), for the
            period of fiscal years 2009 through 2019.
                (2) Wells in the little colorado and rio grande basins.--
            There are authorized to be appropriated to the Secretary for the
            construction or rehabilitation and operation and maintenance of
            conjunctive use wells under section 10606(c) such sums as are
            necessary for the period of fiscal years 2009 through 2024.
                (3) Adjustments.--The amount under paragraph (1) shall be
            adjusted by such amounts as may be required by reason of changes
            since 2008 in construction costs, as indicated by engineering
            cost indices applicable to the types of construction or
            rehabilitation involved.
                (4) Nonreimbursable expenditures.--Amounts made available
            under paragraphs (1) and (2) shall be nonreimbursable to the
            United States.
                (5) Use.--In addition to the uses authorized under
            paragraphs (1) and (2), amounts made available under that
            paragraph may be used for the conduct of related activities to
            comply with Federal environmental laws.
                (6) Limitation.--Appropriations authorized under paragraph
            (1) shall not be used for operation or maintenance of

    [[Page 123 STAT. 1396]]

            any conjunctive use wells at a time in excess of 3 years after
            the well is declared substantially complete.

        (c) San Juan River Irrigation Projects.--
                (1) In general.--There are authorized to be appropriated to
            the Secretary--
                        (A) to carry out section 10607(a)(1), not more than
                    $7,700,000, as adjusted under paragraph (2), for the
                    period of fiscal years 2009 through 2016, to remain
                    available until expended; and
                        (B) to carry out section 10607(a)(2), not more than
                    $15,400,000, as adjusted under paragraph (2), for the
                    period of fiscal years 2009 through 2019, to remain
                    available until expended.
                (2) Adjustment.--The amounts made available under paragraph
            (1) shall be adjusted by such amounts as may be required by
            reason of changes since January 1, 2004, in construction costs,
            as indicated by engineering cost indices applicable to the types
            of construction involved in the rehabilitation.
                (3) Nonreimbursable expenditures.--Amounts made available
            under this subsection shall be nonreimbursable to the United
            States.

        (d) Other Irrigation Projects.--There are authorized to be
    appropriated to the Secretary to carry out section 10608 $11,000,000 for
    the period of fiscal years 2009 through 2019.
        (e) Cultural Resources.--
                (1) In general.--The Secretary may use not more than 2
            percent of amounts made available under subsections (a), (b),
            and (c) for the survey, recovery, protection, preservation, and
            display of archaeological resources in the area of a Project
            facility or conjunctive use well.
                (2) Nonreimbursable expenditures.--Any amounts made
            available under paragraph (1) shall be nonreimbursable.

        (f) Fish and Wildlife Facilities.--
                (1) In general.--In association with the development of the
            Project, the Secretary may use not more than 4 percent of
            amounts made available under subsections (a), (b), and (c) to
            purchase land and construct and maintain facilities to mitigate
            the loss of, and improve conditions for the propagation of, fish
            and wildlife if any such purchase, construction, or maintenance
            will not affect the operation of any water project or use of
            water.
                (2) Nonreimbursable expenditures.--Any amounts expended
            under paragraph (1) shall be nonreimbursable.

                       PART IV--NAVAJO NATION WATER RIGHTS

    SEC. 10701. <<NOTE: 43 USC 620 note.>>  AGREEMENT.

        (a) Agreement Approval.--
                (1) Approval by congress.--Except to the extent that any
            provision of the Agreement conflicts with this subtitle,
            Congress approves, ratifies, and confirms the Agreement
            (including any amendments to the Agreement that are executed to
            make the Agreement consistent with this subtitle).
                (2) Execution by secretary.--The Secretary shall enter into
            the Agreement to the extent that the Agreement does not conflict
            with this subtitle, including--

    [[Page 123 STAT. 1397]]

                        (A) any exhibits to the Agreement requiring the
                    signature of the Secretary; and
                        (B) any amendments to the Agreement necessary to
                    make the Agreement consistent with this subtitle.
                (3) Authority of secretary.--The Secretary may carry out any
            action that the Secretary determines is necessary or appropriate
            to implement the Agreement, the Contract, and this section.
                (4) Administration of navajo reservoir releases.--The State
            of New Mexico may administer water that has been released from
            storage in Navajo Reservoir in accordance with subparagraph 9.1
            of the Agreement.

        (b) Water Available Under Contract.--
                (1) Quantities of water available.--
                        (A) In general.--Water shall be made available
                    annually under the Contract for projects in the State of
                    New Mexico supplied from the Navajo Reservoir and the
                    San Juan River (including tributaries of the River)
                    under New Mexico State Engineer File Numbers 2849, 2883,
                    and 3215 in the quantities described in subparagraph
                    (B).
                        (B) Water quantities.--The quantities of water
                    referred to in subparagraph (A) are as follows:

    ------------------------------------------------------------------------
                                                        Diversion  Depletion
                                                          (acre-     (acre-
                                                          feet/      feet/
                                                          year)      year)
    ------------------------------------------------------------------------
    Navajo Indian Irrigation Project                      508,000   270,000
    Navajo-Gallup Water Supply Project                     22,650    20,780
    Animas-La Plata Project                                 4,680     2,340
    Total                                                 535,330   293,120
    ------------------------------------------------------------------------

                        (C) Maximum quantity.--A diversion of water to the
                    Nation under the Contract for a project described in
                    subparagraph (B) shall not exceed the quantity of water
                    necessary to supply the amount of depletion for the
                    project.
                        (D) Terms, conditions, and limitations.--The
                    diversion and use of water under the Contract shall be
                    subject to and consistent with the terms, conditions,
                    and limitations of the Agreement, this subtitle, and any
                    other applicable law.
                (2) Amendments to contract.--The Secretary, with the consent
            of the Nation, may amend the Contract if the Secretary
            determines that the amendment is--
                        (A) consistent with the Agreement; and
                        (B) in the interest of conserving water or
                    facilitating beneficial use by the Nation or a
                    subcontractor of the Nation.
                (3) Rights of the nation.--The Nation may, under the
            Contract--

    [[Page 123 STAT. 1398]]

                        (A) use tail water, wastewater, and return flows
                    attributable to a use of the water by the Nation or a
                    subcontractor of the Nation if--
                              (i) the depletion of water does not exceed the
                          quantities described in paragraph (1); and
                              (ii) the use of tail water, wastewater, or
                          return flows is consistent with the terms,
                          conditions, and limitations of the Agreement, and
                          any other applicable law; and
                        (B) <<NOTE: Arizona.>>  change a point of diversion,
                    change a purpose or place of use, and transfer a right
                    for depletion under this subtitle (except for a point of
                    diversion, purpose or place of use, or right for
                    depletion for use in the State of Arizona under section
                    10603(b)(2)(D)), to another use, purpose, place, or
                    depletion in the State of New Mexico to meet a water
                    resource or economic need of the Nation if--
                              (i) the change or transfer is subject to and
                          consistent with the terms of the Agreement, the
                          Partial Final Decree described in paragraph 3.0 of
                          the Agreement, the Contract, and any other
                          applicable law; and
                              (ii) a change or transfer of water use by the
                          Nation does not alter any obligation of the United
                          States, the Nation, or another party to pay or
                          repay project construction, operation,
                          maintenance, or replacement costs under this
                          subtitle and the Contract.

        (c) Subcontracts.--
                (1) In general.--
                        (A) Subcontracts between nation and third parties.--
                    The Nation may enter into subcontracts for the delivery
                    of Project water under the Contract to third parties for
                    any beneficial use in the State of New Mexico (on or off
                    land held by the United States in trust for the Nation
                    or a member of the Nation or land held in fee by the
                    Nation).
                        (B) Approval required.--A subcontract entered into
                    under subparagraph (A) shall not be effective until
                    approved by the Secretary in accordance with this
                    subsection and the Contract.
                        (C) Submittal.--The Nation shall submit to the
                    Secretary for approval or disapproval any subcontract
                    entered into under this subsection.
                        (D) Deadline.--The Secretary shall approve or
                    disapprove a subcontract submitted to the Secretary
                    under subparagraph (C) not later than the later of--
                              (i) the date that is 180 days after the date
                          on which the subcontract is submitted to the
                          Secretary; and
                              (ii) the date that is 60 days after the date
                          on which a subcontractor complies with--
                                        (I) section 102(2)(C) of the
                                    National Environmental Policy Act of
                                    1969 (42 U.S.C. 4332(2)(C)); and
                                        (II) any other requirement of
                                    Federal law.
                        (E) Enforcement.--A party to a subcontract may
                    enforce the deadline described in subparagraph (D) under
                    section 1361 of title 28, United States Code.

    [[Page 123 STAT. 1399]]

                        (F) Compliance with other law.--A subcontract
                    described in subparagraph (A) shall comply with the
                    Agreement, the Partial Final Decree described in
                    paragraph 3.0 of the Agreement, and any other applicable
                    law.
                        (G) No liability.--The Secretary shall not be liable
                    to any party, including the Nation, for any term of, or
                    any loss or other detriment resulting from, a lease,
                    contract, or other agreement entered into pursuant to
                    this subsection.
                (2) Alienation.--
                        (A) Permanent alienation.--The Nation shall not
                    permanently alienate any right granted to the Nation
                    under the Contract.
                        (B) Maximum term.--The term of any water use
                    subcontract (including a renewal) under this subsection
                    shall be not more than 99 years.
                (3) Nonintercourse act compliance.--This subsection--
                        (A) provides congressional authorization for the
                    subcontracting rights of the Nation; and
                        (B) is deemed to fulfill any requirement that may be
                    imposed by section 2116 of the Revised Statutes (25
                    U.S.C. 177).
                (4) Forfeiture.--The nonuse of the water supply secured by a
            subcontractor of the Nation under this subsection shall not
            result in forfeiture, abandonment, relinquishment, or other loss
            of any part of a right decreed to the Nation under the Contract
            or this section.
                (5) No per capita payments.--No part of the revenue from a
            water use subcontract under this subsection shall be distributed
            to any member of the Nation on a per capita basis.

        (d) Water Leases Not Requiring Subcontracts.--
                (1) Authority of nation.--
                        (A) In general.--The Nation may lease, contract, or
                    otherwise transfer to another party or to another
                    purpose or place of use in the State of New Mexico (on
                    or off land that is held by the United States in trust
                    for the Nation or a member of the Nation or held in fee
                    by the Nation) a water right that--
                              (i) is decreed to the Nation under the
                          Agreement; and
                              (ii) is not subject to the Contract.
                        (B) Compliance with other law.--In carrying out an
                    action under this subsection, the Nation shall comply
                    with the Agreement, the Partial Final Decree described
                    in paragraph 3.0 of the Agreement, the Supplemental
                    Partial Final Decree described in paragraph 4.0 of the
                    Agreement, and any other applicable law.
                (2) Alienation; maximum term.--
                        (A) Alienation.--The Nation shall not permanently
                    alienate any right granted to the Nation under the
                    Agreement.
                        (B) Maximum term.--The term of any water use lease,
                    contract, or other arrangement (including a renewal)
                    under this subsection shall be not more than 99 years.
                (3) No liability.--The Secretary shall not be liable to any
            party, including the Nation, for any term of, or any loss

    [[Page 123 STAT. 1400]]

            or other detriment resulting from, a lease, contract, or other
            agreement entered into pursuant to this subsection.
                (4) Nonintercourse act compliance.--This subsection--
                        (A) provides congressional authorization for the
                    lease, contracting, and transfer of any water right
                    described in paragraph (1)(A); and
                        (B) is deemed to fulfill any requirement that may be
                    imposed by the provisions of section 2116 of the Revised
                    Statutes (25 U.S.C. 177).
                (5) Forfeiture.--The nonuse of a water right of the Nation
            by a lessee or contractor to the Nation under this subsection
            shall not result in forfeiture, abandonment, relinquishment, or
            other loss of any part of a right decreed to the Nation under
            the Contract or this section.

        (e) Nullification.--
                (1) Deadlines.--
                        (A) <<NOTE: Applicability.>>  In general.--In
                    carrying out this section, the following deadlines apply
                    with respect to implementation of the Agreement:
                              (i) Agreement.--Not later than December 31,
                          2010, the Secretary shall execute the Agreement.
                              (ii) Contract.--Not later than December 31,
                          2010, the Secretary and the Nation shall execute
                          the Contract.
                              (iii) Partial final decree.--Not later than
                          December 31, 2013, the court in the stream
                          adjudication shall have entered the Partial Final
                          Decree described in paragraph 3.0 of the
                          Agreement.
                              (iv) Fruitland-cambridge irrigation project.--
                          Not later than December 31, 2016, the
                          rehabilitation construction of the Fruitland-
                          Cambridge Irrigation Project authorized under
                          section 10607(a)(1) shall be completed.
                              (v) Supplemental partial final decree.--Not
                          later than December 31, 2016, the court in the
                          stream adjudication shall enter the Supplemental
                          Partial Final Decree described in subparagraph 4.0
                          of the Agreement.
                              (vi) Hogback-cudei irrigation project.--Not
                          later than December 31, 2019, the rehabilitation
                          construction of the Hogback-Cudei Irrigation
                          Project authorized under section 10607(a)(2) shall
                          be completed.
                              (vii) Trust fund.--Not later than December 31,
                          2019, the United States shall make all deposits
                          into the Trust Fund under section 10702.
                              (viii) Conjunctive wells.--Not later than
                          December 31, 2019, the funds authorized to be
                          appropriated under section 10609(b)(1) for the
                          conjunctive use wells authorized under section
                          10606(b) should be appropriated.
                              (ix) Navajo-gallup water supply project.--Not
                          later than December 31, 2024, the construction of
                          all Project facilities shall be completed.
                        (B) Extension.--A deadline described in subparagraph
                    (A) may be extended if the Nation, the United States
                    (acting through the Secretary), and the State of New
                    Mexico (acting

    [[Page 123 STAT. 1401]]

                    through the New Mexico Interstate Stream Commission)
                    agree that an extension is reasonably necessary.
                (2) Revocability of agreement, contract and
            authorizations.--
                        (A) Petition.--If the Nation determines that a
                    deadline described in paragraph (1)(A) is not
                    substantially met, the Nation may submit to the court in
                    the stream adjudication a petition to enter an order
                    terminating the Agreement and Contract.
                        (B) Termination.--On issuance of an order to
                    terminate the Agreement and Contract under subparagraph
                    (A)--
                              (i) the Trust Fund shall be terminated;
                              (ii) the balance of the Trust Fund shall be
                          deposited in the general fund of the Treasury;
                              (iii) the authorizations for construction and
                          rehabilitation of water projects under this
                          subtitle shall be revoked and any Federal activity
                          related to that construction and rehabilitation
                          shall be suspended; and
                              (iv) this part and parts I and III shall be
                          null and void.
                (3) Conditions not causing nullification of settlement.--
                        (A) In general.--If a condition described in
                    subparagraph (B) occurs, the Agreement and Contract
                    shall not be nullified or terminated.
                        (B) Conditions.--The conditions referred to in
                    subparagraph (A) are as follows:
                              (i) A lack of right to divert at the
                          capacities of conjunctive use wells constructed or
                          rehabilitated under section 10606.
                              (ii) A failure--
                                        (I) to determine or resolve an
                                    accounting of the use of water under
                                    this subtitle in the State of Arizona;
                                        (II) to obtain a necessary water
                                    right for the consumptive use of water
                                    in Arizona;
                                        (III) to contract for the delivery
                                    of water for use in Arizona; or
                                        (IV) to construct and operate a
                                    lateral facility to deliver water to a
                                    community of the Nation in Arizona,
                                    under the Project.

        (f) Effect on Rights of Indian Tribes.--
                (1) In general.--Except as provided in paragraph (2),
            nothing in the Agreement, the Contract, or this section
            quantifies or adversely affects the land and water rights, or
            claims or entitlements to water, of any Indian tribe or
            community other than the rights, claims, or entitlements of the
            Nation in, to, and from the San Juan River Basin in the State of
            New Mexico.
                (2) Exception.--The right of the Nation to use water under
            water rights the Nation has in other river basins in the State
            of New Mexico shall be forborne to the extent that the Nation
            supplies the uses for which the water rights exist by diversions
            of water from the San Juan River Basin under the Project
            consistent with subparagraph 9.13 of the Agreement.

    [[Page 123 STAT. 1402]]

    SEC. 10702. TRUST FUND.

        (a) Establishment.--There is established in the Treasury a fund to
    be known as the ``Navajo Nation Water Resources Development Trust
    Fund'', consisting of--
                (1) such amounts as are appropriated to the Trust Fund under
            subsection (f); and
                (2) any interest earned on investment of amounts in the
            Trust Fund under subsection (d).

        (b) Use of Funds.--The Nation may use amounts in the Trust Fund--
                (1) to investigate, construct, operate, maintain, or replace
            water project facilities, including facilities conveyed to the
            Nation under this subtitle and facilities owned by the United
            States for which the Nation is responsible for operation,
            maintenance, and replacement costs; and
                (2) to investigate, implement, or improve a water
            conservation measure (including a metering or monitoring
            activity) necessary for the Nation to make use of a water right
            of the Nation under the Agreement.

        (c) Management.--The Secretary shall manage the Trust Fund, invest
    amounts in the Trust Fund pursuant to subsection (d), and make amounts
    available from the Trust Fund for distribution to the Nation in
    accordance with the American Indian Trust Fund Management Reform Act of
    1994 (25 U.S.C. 4001 et seq.).
        (d) <<NOTE: Effective date.>>  Investment of the Trust Fund.--
    Beginning on October 1, 2019, the Secretary shall invest amounts in the
    Trust Fund in accordance with--
                (1) the Act of April 1, 1880 (25 U.S.C. 161);
                (2) the first section of the Act of June 24, 1938 (25 U.S.C.
            162a); and
                (3) the American Indian Trust Fund Management Reform Act of
            1994 (25 U.S.C. 4001 et seq.).

        (e) Conditions for Expenditures and Withdrawals.--
                (1) Tribal management plan.--
                        (A) In general.--Subject to paragraph (7), on
                    approval by the Secretary of a tribal management plan in
                    accordance with the American Indian Trust Fund
                    Management Reform Act of 1994 (25 U.S.C. 4001 et seq.),
                    the Nation may withdraw all or a portion of the amounts
                    in the Trust Fund.
                        (B) Requirements.--In addition to any requirements
                    under the American Indian Trust Fund Management Reform
                    Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
                    management plan shall require that the Nation only use
                    amounts in the Trust Fund for the purposes described in
                    subsection (b), including the identification of water
                    conservation measures to be implemented in association
                    with the agricultural water use of the Nation.
                (2) Enforcement.--The Secretary may take judicial or
            administrative action to enforce the provisions of any tribal
            management plan to ensure that any amounts withdrawn from the
            Trust Fund are used in accordance with this subtitle.
                (3) No liability.--Neither the Secretary nor the Secretary
            of the Treasury shall be liable for the expenditure or
            investment of any amounts withdrawn from the Trust Fund by the
            Nation.
                (4) Expenditure plan.--

    [[Page 123 STAT. 1403]]

                        (A) In general.--The Nation shall submit to the
                    Secretary for approval an expenditure plan for any
                    portion of the amounts in the Trust Fund made available
                    under this section that the Nation does not withdraw
                    under this subsection.
                        (B) Description.--The expenditure plan shall
                    describe the manner in which, and the purposes for
                    which, funds of the Nation remaining in the Trust Fund
                    will be used.
                        (C) Approval.--On receipt of an expenditure plan
                    under subparagraph (A), the Secretary shall approve the
                    plan if the Secretary determines that the plan is
                    reasonable and consistent with this subtitle.
                (5) Annual report.--The Nation shall submit to the Secretary
            an annual report that describes any expenditures from the Trust
            Fund during the year covered by the report.
                (6) Limitation.--No portion of the amounts in the Trust Fund
            shall be distributed to any Nation member on a per capita basis.
                (7) Conditions.--Any amount authorized to be appropriated to
            the Trust Fund under subsection (f) shall not be available for
            expenditure or withdrawal--
                        (A) before December 31, 2019; and
                        (B) until the date on which the court in the stream
                    adjudication has entered--
                              (i) the Partial Final Decree; and
                              (ii) the Supplemental Partial Final Decree.

        (f) Authorization of Appropriations.--There are authorized to be
    appropriated for deposit in the Trust Fund--
                (1) $6,000,000 for each of fiscal years 2010 through 2014;
            and
                (2) $4,000,000 for each of fiscal years 2015 through 2019.
    SEC. 10703. WAIVERS AND RELEASES.

        (a) Claims by the Nation and the United States.--In return for
    recognition of the Nation's water rights and other benefits, including
    but not limited to the commitments by other parties, as set forth in the
    Agreement and this subtitle, the Nation, on behalf of itself and members
    of the Nation (other than members in the capacity of the members as
    allottees), and the United States acting in its capacity as trustee for
    the Nation, shall execute a waiver and release of--
                (1) all claims for water rights in, or for waters of, the
            San Juan River Basin in the State of New Mexico that the Nation,
            or the United States as trustee for the Nation, asserted, or
            could have asserted, in any proceeding, including but not
            limited to the stream adjudication, up to and including the
            effective date described in subsection (e), except to the extent
            that such rights are recognized in the Agreement or this
            subtitle;
                (2) all claims for damages, losses, or injuries to water
            rights or claims of interference with, diversion, or taking of
            water (including but not limited to claims for injury to lands
            resulting from such damages, losses, injuries, interference
            with, diversion, or taking) in the San Juan River Basin in the
            State of New Mexico that accrued at any time up to and including
            the effective date described in subsection (e);

    [[Page 123 STAT. 1404]]

                (3) all claims of any damage, loss, or injury or for
            injunctive or other relief because of the condition of or
            changes in water quality related to, or arising out of, the
            exercise of water rights; and
                (4) all claims against the State of New Mexico, its
            agencies, or employees relating to the negotiation or the
            adoption of the Agreement.

        (b) Claims by the Nation Against the United States.--The Nation, on
    behalf of itself and its members (other than in the capacity of the
    members as allottees), shall execute a waiver and release of--
                (1) all claims against the United States, its agencies, or
            employees relating to claims for water rights in or waters of
            the San Juan River Basin in the State of New Mexico that the
            United States, acting in its capacity as trustee for the Nation,
            asserted, or could have asserted, in any proceeding, including
            but not limited to the stream adjudication;
                (2) all claims against the United States, its agencies, or
            employees relating to damages, losses, or injuries to water,
            water rights, land, or natural resources due to loss of water or
            water rights (including but not limited to damages, losses, or
            injuries to hunting, fishing, gathering, or cultural rights due
            to loss of water or water rights; claims relating to inference
            with, diversion, or taking of water or water rights; or claims
            relating to failure to protect, acquire, replace, or develop
            water or water rights) in the San Juan River Basin in the State
            of New Mexico that first accrued at any time up to and including
            the effective date described in subsection (e);
                (3) all claims against the United States, its agencies, or
            employees relating to the pending litigation of claims relating
            to the Nation's water rights in the stream adjudication; and
                (4) all claims against the United States, its agencies, or
            employees relating to the negotiation, execution, or the
            adoption of the Agreement, the decrees, the Contract, or this
            subtitle.

        (c) Reservation of Claims.--Notwithstanding the waivers and releases
    authorized in this subtitle, the Nation on behalf of itself and its
    members (including members in the capacity of the members as allottees)
    and the United States acting in its capacity as trustee for the Nation
    and allottees, retain--
                (1) all claims for water rights or injuries to water rights
            arising out of activities occurring outside the San Juan River
            Basin in the State of New Mexico, subject to paragraphs 8.0,
            9.3, 9.12, 9.13, and 13.9 of the Agreement;
                (2) all claims for enforcement of the Agreement, the
            Contract, the Partial Final Decree, the Supplemental Partial
            Final Decree, or this subtitle, through any legal and equitable
            remedies available in any court of competent jurisdiction;
                (3) all rights to use and protect water rights acquired
            pursuant to State law after the date of enactment of this Act;
                (4) all claims relating to activities affecting the quality
            of water not related to the exercise of water rights, including
            but not limited to any claims the Nation might have under--
                        (A) the Comprehensive Environmental Response,
                    Compensation, and Liability Act of 1980 (42 U.S.C. 9601
                    et seq.);

    [[Page 123 STAT. 1405]]

                        (B) the Safe Drinking Water Act (42 U.S.C. 300f et
                    seq.); and
                        (C) the Federal Water Pollution Control Act (33
                    U.S.C. 1251 et seq.);
                (5) all claims relating to damages, losses, or injuries to
            land or natural resources not due to loss of water or water
            rights; and
                (6) all rights, remedies, privileges, immunities, and powers
            not specifically waived and released under the terms of the
            Agreement or this subtitle.

        (d) Tolling of Claims.--
                (1) <<NOTE: Time period.>>  In general.--Each applicable
            period of limitation and time-based equitable defense relating
            to a claim described in this section shall be tolled for the
            period beginning on the date of enactment of this Act and ending
            on the earlier of--
                        (A) March 1, 2025; or
                        (B) the effective date described in subsection (e).
                (2) Effect of subsection.--Nothing in this subsection
            revives any claim or tolls any period of limitation or time-
            based equitable defense that expired before the date of
            enactment of this Act.
                (3) Limitation.--Nothing in this section precludes the
            tolling of any period of limitations or any time-based equitable
            defense under any other applicable law.

        (e) Effective Date.--
                (1) <<NOTE: Federal Register, publication.>>  In general.--
            The waivers and releases described in subsections (a) and (b)
            shall be effective on the date on which the Secretary publishes
            in the Federal Register a statement of findings documenting that
            each of the deadlines described in section 10701(e)(1) have been
            met.
                (2) Deadline.--If the deadlines described in section
            10701(e)(1)(A) have not been met by the later of March 1, 2025,
            or the date of any extension under section 10701(e)(1)(B)--
                        (A) the waivers and releases described in
                    subsections (a) and (b) shall be of no effect; and
                        (B) <<NOTE: Applicability.>>  section 10701(e)(2)(B)
                    shall apply.
    SEC. 10704. WATER RIGHTS HELD IN TRUST.

        A tribal water right adjudicated and described in paragraph 3.0 of
    the Partial Final Decree and in paragraph 3.0 of the Supplemental
    Partial Final Decree shall be held in trust by the United States on
    behalf of the Nation.

    Subtitle <<NOTE: Nevada.>>  C--Shoshone-Paiute Tribes of the Duck Valley
    Reservation Water Rights Settlement
    SEC. 10801. FINDINGS.

        Congress finds that--
                (1) it is the policy of the United States, in accordance
            with the trust responsibility of the United States to Indian
            tribes, to promote Indian self-determination and economic self-
            sufficiency and to settle Indian water rights claims without
            lengthy and costly litigation, if practicable;

    [[Page 123 STAT. 1406]]

                (2) quantifying rights to water and development of
            facilities needed to use tribal water supplies is essential to
            the development of viable Indian reservation economies and the
            establishment of a permanent reservation homeland;
                (3) uncertainty concerning the extent of the Shoshone-Paiute
            Tribes' water rights has resulted in limited access to water and
            inadequate financial resources necessary to achieve self-
            determination and self-sufficiency;
                (4) in 2006, the Tribes, the State of Idaho, the affected
            individual water users, and the United States resolved all
            tribal claims to water rights in the Snake River Basin
            Adjudication through a consent decree entered by the District
            Court of the Fifth Judicial District of the State of Idaho,
            requiring no further Federal action to quantify the Tribes'
            water rights in the State of Idaho;
                (5) as of the date of enactment of this Act, proceedings to
            determine the extent and nature of the water rights of the
            Tribes in the East Fork of the Owyhee River in Nevada are
            pending before the Nevada State Engineer;
                (6) final resolution of the Tribes' water claims in the East
            Fork of the Owyhee River adjudication will--
                        (A) take many years;
                        (B) entail great expense;
                        (C) continue to limit the access of the Tribes to
                    water, with economic and social consequences;
                        (D) prolong uncertainty relating to the availability
                    of water supplies; and
                        (E) seriously impair long-term economic planning and
                    development for all parties to the litigation;
                (7) after many years of negotiation, the Tribes, the State,
            and the upstream water users have entered into a settlement
            agreement to resolve permanently all water rights of the Tribes
            in the State; and
                (8) the Tribes also seek to resolve certain water-related
            claims for damages against the United States.
    SEC. 10802. PURPOSES.

        The purposes of this subtitle are--
                (1) to resolve outstanding issues with respect to the East
            Fork of the Owyhee River in the State in such a manner as to
            provide important benefits to--
                        (A) the United States;
                        (B) the State;
                        (C) the Tribes; and
                        (D) the upstream water users;
                (2) to achieve a fair, equitable, and final settlement of
            all claims of the Tribes, members of the Tribes, and the United
            States on behalf of the Tribes and members of Tribes to the
            waters of the East Fork of the Owyhee River in the State;
                (3) to ratify and provide for the enforcement of the
            Agreement among the parties to the litigation;
                (4) to resolve the Tribes' water-related claims for damages
            against the United States;
                (5) to require the Secretary to perform all obligations of
            the Secretary under the Agreement and this subtitle; and

    [[Page 123 STAT. 1407]]

                (6) to authorize the actions and appropriations necessary to
            meet the obligations of the United States under the Agreement
            and this subtitle.
    SEC. 10803. DEFINITIONS.

        In this subtitle:
                (1) Agreement.--The term ``Agreement'' means the agreement
            entitled the ``Agreement to Establish the Relative Water Rights
            of the Shoshone-Paiute Tribes of the Duck Valley Reservation and
            the Upstream Water Users, East Fork Owyhee River'' and signed in
            counterpart between, on, or about September 22, 2006, and
            January 15, 2007 (including all attachments to that Agreement).
                (2) Development fund.--The term ``Development Fund'' means
            the Shoshone-Paiute Tribes Water Rights Development Fund
            established by section 10807(b)(1).
                (3) East fork of the owyhee river.--The term ``East Fork of
            the Owyhee River'' means the portion of the east fork of the
            Owyhee River that is located in the State.
                (4) Maintenance fund.--The term ``Maintenance Fund'' means
            the Shoshone-Paiute Tribes Operation and Maintenance Fund
            established by section 10807(c)(1).
                (5) Reservation.--The term ``Reservation'' means the Duck
            Valley Reservation established by the Executive order dated
            April 16, 1877, as adjusted pursuant to the Executive order
            dated May 4, 1886, and Executive order numbered 1222 and dated
            July 1, 1910, for use and occupation by the Western Shoshones
            and the Paddy Cap Band of Paiutes.
                (6) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (7) State.--The term ``State'' means the State of Nevada.
                (8) Tribal water rights.--The term ``tribal water rights''
            means rights of the Tribes described in the Agreement relating
            to water, including groundwater, storage water, and surface
            water.
                (9) Tribes.--The term ``Tribes'' means the Shoshone-Paiute
            Tribes of the Duck Valley Reservation.
                (10) Upstream water user.--The term ``upstream water user''
            means a non-Federal water user that--
                        (A) is located upstream from the Reservation on the
                    East Fork of the Owyhee River; and
                        (B) is a signatory to the Agreement as a party to
                    the East Fork of the Owyhee River adjudication.
    SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT;
                                AUTHORIZATION.

        (a) In General.--Except as provided in subsection (c) and except to
    the extent that the Agreement otherwise conflicts with provisions of
    this subtitle, the Agreement is approved, ratified, and confirmed.
        (b) Secretarial Authorization.--The Secretary is authorized and
    directed to execute the Agreement as approved by Congress.
        (c) Exception for Tribal Water Marketing.--Notwithstanding any
    language in the Agreement to the contrary, nothing in this subtitle
    authorizes the Tribes to use or authorize others to use tribal water
    rights off the Reservation, other than use for storage at Wild Horse
    Reservoir for use on tribal land and for

    [[Page 123 STAT. 1408]]

    the allocation of 265 acre feet to upstream water users under the
    Agreement, or use on tribal land off the Reservation.
        (d) Environmental Compliance.--Execution of the Agreement by the
    Secretary under this section shall not constitute major Federal action
    under the National Environmental Policy Act (42 U.S.C. 4321 et seq.).
    The Secretary shall carry out all environmental compliance required by
    Federal law in implementing the Agreement.
        (e) Performance of Obligations.--The Secretary and any other head of
    a Federal agency obligated under the Agreement shall perform actions
    necessary to carry out an obligation under the Agreement in accordance
    with this subtitle.
    SEC. 10805. TRIBAL WATER RIGHTS.

        (a) In General.--Tribal water rights shall be held in trust by the
    United States for the benefit of the Tribes.
        (b) Administration.--
                (1) <<NOTE: Deadline.>>  Enactment of water code.--Not later
            than 3 years after the date of enactment of this Act, the
            Tribes, in accordance with provisions of the Tribes'
            constitution and subject to the approval of the Secretary, shall
            enact a water code to administer tribal water rights.
                (2) <<NOTE: Regulations. Time period.>>  Interim
            administration.--The Secretary shall regulate the tribal water
            rights during the period beginning on the date of enactment of
            this Act and ending on the date on which the Tribes enact a
            water code under paragraph (1).

        (c) Tribal Water Rights Not Subject to Loss.--The tribal water
    rights shall not be subject to loss by abandonment, forfeiture, or
    nonuse.
    SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT.

        (a) Status of the Duck Valley Indian Irrigation Project.--Nothing in
    this subtitle shall affect the status of the Duck Valley Indian
    Irrigation Project under Federal law.
        (b) Capital Costs Nonreimbursable.--The capital costs associated
    with the Duck Valley Indian Irrigation Project as of the date of
    enactment of this Act, including any capital cost incurred with funds
    distributed under this subtitle for the Duck Valley Indian Irrigation
    Project, shall be nonreimbursable.
    SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS.

        (a) Definition of Funds.--In this section, the term ``Funds''
    means--
                (1) the Development Fund; and
                (2) the Maintenance Fund.

        (b) Development Fund.--
                (1) Establishment.--There is established in the Treasury of
            the United States a fund to be known as the ``Shoshone-Paiute
            Tribes Water Rights Development Fund''.
                (2) Use of funds.--
                        (A) Priority use of funds for rehabilitation.--The
                    Tribes shall use amounts in the Development Fund to--
                              (i) rehabilitate the Duck Valley Indian
                          Irrigation Project; or
                              (ii) <<NOTE: Notification.>>  for other
                          purposes under subparagraph (B), provided that the
                          Tribes have given written notification to the
                          Secretary that--

    [[Page 123 STAT. 1409]]

                                        (I) the Duck Valley Indian
                                    Irrigation Project has been
                                    rehabilitated to an acceptable
                                    condition; or
                                        (II) sufficient funds will remain
                                    available from the Development Fund to
                                    rehabilitate the Duck Valley Indian
                                    Irrigation Project to an acceptable
                                    condition after expending funds for
                                    other purposes under subparagraph (B).
                        (B) Other uses of funds.--Once the Tribes have
                    provided written notification as provided in
                    subparagraph (A)(ii)(I) or (A)(ii)(II), the Tribes may
                    use amounts from the Development Fund for any of the
                    following purposes:
                              (i) To expand the Duck Valley Indian
                          Irrigation Project.
                              (ii) To pay or reimburse costs incurred by the
                          Tribes in acquiring land and water rights.
                              (iii) For purposes of cultural preservation.
                              (iv) To restore or improve fish or wildlife
                          habitat.
                              (v) For fish or wildlife production, water
                          resource development, or agricultural development.
                              (vi) For water resource planning and
                          development.
                              (vii) To pay the costs of--
                                        (I) designing and constructing water
                                    supply and sewer systems for tribal
                                    communities, including a water quality
                                    testing laboratory;
                                        (II) other appropriate water-related
                                    projects and other related economic
                                    development projects;
                                        (III) the development of a water
                                    code; and
                                        (IV) other costs of implementing the
                                    Agreement.
                (3) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary for deposit in the Development
            Fund $9,000,000 for each of fiscal years 2010 through 2014.

        (c) Maintenance Fund.--
                (1) Establishment.--There is established in the Treasury of
            the United States a fund to be known as the ``Shoshone-Paiute
            Tribes Operation and Maintenance Fund''.
                (2) Use of funds.--The Tribes shall use amounts in the
            Maintenance Fund to pay or provide reimbursement for--
                        (A) operation, maintenance, and replacement costs of
                    the Duck Valley Indian Irrigation Project and other
                    water-related projects funded under this subtitle; or
                        (B) operation, maintenance, and replacement costs of
                    water supply and sewer systems for tribal communities,
                    including the operation and maintenance costs of a water
                    quality testing laboratory.
                (3) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary for deposit in the Maintenance
            Fund $3,000,000 for each of fiscal years 2010 through 2014.

        (d) Availability of Amounts From Funds.--Amounts made available
    under subsections (b)(3) and (c)(3) shall be available for expenditure
    or withdrawal only after the effective date described in section
    10808(d).
        (e) Administration of Funds.--Upon completion of the actions
    described in section 10808(d), the Secretary, in accordance with

    [[Page 123 STAT. 1410]]

    the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
    4001 et seq.) shall manage the Funds, including by investing amounts
    from the Funds in accordance with the Act of April 1, 1880 (25 U.S.C.
    161), and the first section of the Act of June 24, 1938 (25 U.S.C.
    162a).
        (f) Expenditures and Withdrawal.--
                (1) Tribal management plan.--
                        (A) In general.--The Tribes may withdraw all or part
                    of amounts in the Funds on approval by the Secretary of
                    a tribal management plan as described in the American
                    Indian Trust Fund Management Reform Act of 1994 (25
                    U.S.C. 4001 et seq.).
                        (B) Requirements.--In addition to the requirements
                    under the American Indian Trust Fund Management Reform
                    Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
                    management plan shall require that the Tribes spend any
                    amounts withdrawn from the Funds in accordance with the
                    purposes described in subsection (b)(2) or (c)(2).
                        (C) Enforcement.--The Secretary may take judicial or
                    administrative action to enforce the provisions of any
                    tribal management plan to ensure that any amounts
                    withdrawn from the Funds under the plan are used in
                    accordance with this subtitle and the Agreement.
                        (D) Liability.--If the Tribes exercise the right to
                    withdraw amounts from the Funds, neither the Secretary
                    nor the Secretary of the Treasury shall retain any
                    liability for the expenditure or investment of the
                    amounts.
                (2) Expenditure plan.--
                        (A) In general.--The Tribes shall submit to the
                    Secretary for approval an expenditure plan for any
                    portion of the amounts in the Funds that the Tribes do
                    not withdraw under the tribal management plan.
                        (B) Description.--The expenditure plan shall
                    describe the manner in which, and the purposes for
                    which, amounts of the Tribes remaining in the Funds will
                    be used.
                        (C) Approval.--On receipt of an expenditure plan
                    under subparagraph (A), the Secretary shall approve the
                    plan if the Secretary determines that the plan is
                    reasonable and consistent with this subtitle and the
                    Agreement.
                        (D) Annual report.--For each Fund, the Tribes shall
                    submit to the Secretary an annual report that describes
                    all expenditures from the Fund during the year covered
                    by the report.
                (3) Funding agreement.--Notwithstanding any other provision
            of this subtitle, on receipt of a request from the Tribes, the
            Secretary shall include an amount from funds made available
            under this section in the funding agreement of the Tribes under
            title IV of the Indian Self-Determination and Education
            Assistance Act (25 U.S.C. 458aa et seq.), for use in accordance
            with subsections (b)(2) and (c)(2). No amount made available
            under this subtitle may be requested until the waivers under
            section 10808(a) take effect.

        (g) No Per Capita Payments.--No amount from the Funds (including any
    interest income that would have accrued to the Funds after the effective
    date) shall be distributed to a member of the Tribes on a per capita
    basis.

    [[Page 123 STAT. 1411]]

    SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS.

        (a) Waiver and Release of Claims by Tribes and United States Acting
    as Trustee for Tribes.--In return for recognition of the Tribes' water
    rights and other benefits as set forth in the Agreement and this
    subtitle, the Tribes, on behalf of themselves and their members, and the
    United States acting in its capacity as trustee for the Tribes are
    authorized to execute a waiver and release of--
                (1) all claims for water rights in the State of Nevada that
            the Tribes, or the United States acting in its capacity as
            trustee for the Tribes, asserted, or could have asserted, in any
            proceeding, including pending proceedings before the Nevada
            State Engineer to determine the extent and nature of the water
            rights of the Tribes in the East Fork of the Owyhee River in
            Nevada, up to and including the effective date, except to the
            extent that such rights are recognized in the Agreement or this
            subtitle; and
                (2) all claims for damages, losses or injuries to water
            rights or claims of interference with, diversion or taking of
            water rights (including claims for injury to lands resulting
            from such damages, losses, injuries, interference with,
            diversion, or taking of water rights) within the State of Nevada
            that accrued at any time up to and including the effective date.

        (b) Waiver and Release of Claims by Tribes Against United States.--
    The Tribes, on behalf of themselves and their members, are authorized to
    execute a waiver and release of--
                (1) all claims against the United States, its agencies, or
            employees, relating in any manner to claims for water rights in
            or water of the States of Nevada and Idaho that the United
            States acting in its capacity as trustee for the Tribes
            asserted, or could have asserted, in any proceeding, including
            pending proceedings before the Nevada State Engineer to
            determine the extent and nature of the water rights of the
            Tribes in the East Fork of the Owyhee River in Nevada, and the
            Snake River Basin Adjudication in Idaho;
                (2) all claims against the United States, its agencies, or
            employees relating in any manner to damages, losses, or injuries
            to water, water rights, land, or other resources due to loss of
            water or water rights (including damages, losses or injuries to
            fishing and other similar rights due to loss of water or water
            rights; claims relating to interference with, diversion or
            taking of water; or claims relating to failure to protect,
            acquire, replace, or develop water, water rights or water
            infrastructure) within the States of Nevada and Idaho that first
            accrued at any time up to and including the effective date;
                (3) all claims against the United States, its agencies, or
            employees relating to the operation, maintenance, or
            rehabilitation of the Duck Valley Indian Irrigation Project that
            first accrued at any time up to and including the date upon
            which the Tribes notify the Secretary as provided in section
            10807(b)(2)(A)(ii)(I) that the rehabilitation of the Duck Valley
            Indian Irrigation Project under this subtitle to an acceptable
            level has been accomplished;
                (4) all claims against the United States, its agencies, or
            employees relating in any manner to the litigation of claims
            relating to the Tribes' water rights in pending proceedings

    [[Page 123 STAT. 1412]]

            before the Nevada State Engineer to determine the extent and
            nature of the water rights of the Tribes in the East Fork of the
            Owyhee River in Nevada or the Snake River Basin Adjudication in
            Idaho; and
                (5) all claims against the United States, its agencies, or
            employees relating in any manner to the negotiation, execution,
            or adoption of the Agreement, exhibits thereto, the decree
            referred to in subsection (d)(2), or this subtitle.

        (c) Reservation of Rights and Retention of Claims.--Notwithstanding
    the waivers and releases authorized in this subtitle, the Tribes on
    their own behalf and the United States acting in its capacity as trustee
    for the Tribes retain--
                (1) all claims for enforcement of the Agreement, the decree
            referred to in subsection (d)(2), or this subtitle, through such
            legal and equitable remedies as may be available in the decree
            court or the appropriate Federal court;
                (2) all rights to acquire a water right in a State to the
            same extent as any other entity in the State, in accordance with
            State law, and to use and protect water rights acquired after
            the date of enactment of this Act;
                (3) all claims relating to activities affecting the quality
            of water including any claims the Tribes might have under the
            Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including claims
            for damages to natural resources), the Safe Drinking Water Act
            (42 U.S.C. 300f et seq.), the Federal Water Pollution Control
            Act (33 U.S.C. 1251 et seq.), and the regulations implementing
            those Acts; and
                (4) all rights, remedies, privileges, immunities, and powers
            not specifically waived and released pursuant to this subtitle.

        (d) <<NOTE: Federal Register, publication.>>  Effective Date.--
    Notwithstanding anything in the Agreement to the contrary, the waivers
    by the Tribes, or the United States on behalf of the Tribes, under this
    section shall take effect on the date on which the Secretary publishes
    in the Federal Register a statement of findings that includes a finding
    that--
                (1) the Agreement and the waivers and releases authorized
            and set forth in subsections (a) and (b) have been executed by
            the parties and the Secretary;
                (2) the Fourth Judicial District Court, Elko County, Nevada,
            has issued a judgment and decree consistent with the Agreement
            from which no further appeal can be taken; and
                (3) the amounts authorized under subsections (b)(3) and
            (c)(3) of section 10807 have been appropriated.

        (e) <<NOTE: Deadline.>>  Failure To Publish Statement of Findings.--
    If the Secretary does not publish a statement of findings under
    subsection (d) by March 31, 2016--
                (1) the Agreement and this subtitle shall not take effect;
            and
                (2) <<NOTE: Reversion.>>  any funds that have been
            appropriated under this subtitle shall immediately revert to the
            general fund of the United States Treasury.

        (f) Tolling of Claims.--
                (1) <<NOTE: Time period.>>  In general.--Each applicable
            period of limitation and time-based equitable defense relating
            to a claim described in this section shall be tolled for the
            period beginning on the date of enactment of this Act and ending
            on the date on which

    [[Page 123 STAT. 1413]]

            the amounts authorized to be appropriated under subsections
            (b)(3) and (c)(3) of section 10807 are appropriated.
                (2) Effect of subparagraph.--Nothing in this subparagraph
            revives any claim or tolls any period of limitation or time-
            based equitable defense that expired before the date of
            enactment of this Act.
    SEC. 10809. MISCELLANEOUS.

        (a) General Disclaimer.--The parties to the Agreement expressly
    reserve all rights not specifically granted, recognized, or relinquished
    by--
                (1) the settlement described in the Agreement; or
                (2) this subtitle.

        (b) Limitation of Claims and Rights.--Nothing in this subtitle--
                (1) establishes a standard for quantifying--
                        (A) a Federal reserved water right;
                        (B) an aboriginal claim; or
                        (C) any other water right claim of an Indian tribe
                    in a judicial or administrative proceeding;
                (2) affects the ability of the United States, acting in its
            sovereign capacity, to take actions authorized by law, including
            any laws relating to health, safety, or the environment,
            including the Comprehensive Environmental Response,
            Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
            seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the
            Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
            the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly
            known as the ``Resource Conservation and Recovery Act of
            1976''), and the regulations implementing those Acts;
                (3) affects the ability of the United States to take
            actions, acting in its capacity as trustee for any other Tribe,
            Pueblo, or allottee;
                (4) waives any claim of a member of the Tribes in an
            individual capacity that does not derive from a right of the
            Tribes; or
                (5) limits the right of a party to the Agreement to litigate
            any issue not resolved by the Agreement or this subtitle.

        (c) Admission Against Interest.--Nothing in this subtitle
    constitutes an admission against interest by a party in any legal
    proceeding.
        (d) Reservation.--The Reservation shall be--
                (1) considered to be the property of the Tribes; and
                (2) permanently held in trust by the United States for the
            sole use and benefit of the Tribes.

        (e) Jurisdiction.--
                (1) Subject matter jurisdiction.--Nothing in the Agreement
            or this subtitle restricts, enlarges, or otherwise determines
            the subject matter jurisdiction of any Federal, State, or tribal
            court.
                (2) Civil or regulatory jurisdiction.--Nothing in the
            Agreement or this subtitle impairs or impedes the exercise of
            any civil or regulatory authority of the United States, the
            State, or the Tribes.
                (3) Consent to jurisdiction.--The United States consents to
            jurisdiction in a proper forum for purposes of enforcing the
            provisions of the Agreement.

    [[Page 123 STAT. 1414]]

                (4) Effect of subsection.--Nothing in this subsection
            confers jurisdiction on any State court to--
                        (A) interpret Federal law regarding the health,
                    safety, or the environment or determine the duties of
                    the United States or other parties pursuant to such
                    Federal law; or
                        (B) conduct judicial review of a Federal agency
                    action.

            TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS

    SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING ACT
                                OF 1992.

        (a) Findings.--Section 2(a) of the National Geologic Mapping Act of
    1992 (43 U.S.C. 31a(a)) is amended--
                (1) by striking paragraph (1) and inserting the following:
                ``(1) although significant progress has been made in the
            production of geologic maps since the establishment of the
            national cooperative geologic mapping program in 1992, no
            modern, digital, geologic map exists for approximately 75
            percent of the United States;''; and
                (2) in paragraph (2)--
                        (A) in subparagraph (C), by inserting ``homeland
                    and'' after ``planning for'';
                        (B) in subparagraph (E), by striking ``predicting''
                    and inserting ``identifying'';
                        (C) in subparagraph (I), by striking ``and'' after
                    the semicolon at the end;
                        (D) by redesignating subparagraph (J) as
                    subparagraph (K); and
                        (E) by inserting after subparagraph (I) the
                    following:
                        ``(J) recreation and public awareness; and''; and
                (3) in paragraph (9), by striking ``important'' and
            inserting ``available''.

        (b) Purpose.--Section 2(b) of the National Geologic Mapping Act of
    1992 (43 U.S.C. 31a(b)) is amended by inserting ``and management''
    before the period at the end.
        (c) Deadlines for Actions by the United States Geological Survey.--
    Section 4(b)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C.
    31c(b)(1)) is amended in the second sentence--
                (1) in subparagraph (A), by striking ``not later than'' and
            all that follows through the semicolon and inserting ``not later
            than 1 year after the date of enactment of the Omnibus Public
            Land Management Act of 2009;'';
                (2) in subparagraph (B), by striking ``not later than'' and
            all that follows through ``in accordance'' and inserting ``not
            later than 1 year after the date of enactment of the Omnibus
            Public Land Management Act of 2009 in accordance''; and
                (3) in the matter preceding clause (i) of subparagraph (C),
            by striking ``not later than'' and all that follows through
            ``submit'' and inserting ``submit biennially''.

        (d) Geologic Mapping Program Objectives.--Section 4(c)(2) of the
    National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) is amended--
                (1) by striking ``geophysical-map data base, geochemical-map
            data base, and a''; and
                (2) by striking ``provide'' and inserting ``provides''.

    [[Page 123 STAT. 1415]]

        (e) Geologic Mapping Program Components.--Section 4(d)(1)(B)(ii) of
    the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(d)(1)(B)(ii))
    is amended--
                (1) in subclause (I), by striking ``and'' after the
            semicolon at the end;
                (2) in subclause (II), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                                        ``(III) the needs of land management
                                    agencies of the Department of the
                                    Interior.''.

        (f) Geologic Mapping Advisory Committee.--
                (1) Membership.--Section 5(a) of the National Geologic
            Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended--
                        (A) in paragraph (2)--
                              (i) by inserting ``the Secretary of the
                          Interior or a designee from a land management
                          agency of the Department of the Interior,'' after
                          ``Administrator of the Environmental Protection
                          Agency or a designee,'';
                              (ii) by inserting ``and'' after ``Energy or a
                          designee,''; and
                              (iii) by striking ``, and the Assistant to the
                          President for Science and Technology or a
                          designee''; and
                        (B) in paragraph (3)--
                              (i) by striking ``Not later than'' and all
                          that follows through ``consultation'' and
                          inserting ``In consultation'';
                              (ii) by striking ``Chief Geologist, as
                          Chairman'' and inserting ``Associate Director for
                          Geology, as Chair''; and
                              (iii) by striking ``one representative from
                          the private sector'' and inserting ``2
                          representatives from the private sector''.
                (2) Duties.--Section 5(b) of the National Geologic Mapping
            Act of 1992 (43 U.S.C. 31d(b)) is amended--
                        (A) in paragraph (2), by striking ``and'' at the
                    end;
                        (B) by redesignating paragraph (3) as paragraph (4);
                    and
                        (C) by inserting after paragraph (2) the following:
                ``(3) provide a scientific overview of geologic maps
            (including maps of geologic-based hazards) used or disseminated
            by Federal agencies for regulation or land-use planning; and''.
                (3) Conforming amendment.--Section 5(a)(1) of the National
            Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended by
            striking ``10-member'' and inserting ``11-member''.

        (g) Functions of National Geologic-Map Database.--Section 7(a) of
    the National Geologic Mapping Act of 1992 (43 U.S.C. 31f(a)) is
    amended--
                (1) in paragraph (1), by striking ``geologic map'' and
            inserting ``geologic-map''; and
                (2) in paragraph (2), by striking subparagraph (A) and
            inserting the following:
                        ``(A) all maps developed with funding provided by
                    the National Cooperative Geologic Mapping Program,
                    including under the Federal, State, and education
                    components;''.

        (h) Biennial Report.--Section 8 of the National Geologic Mapping Act
    of 1992 (43 U.S.C. 31g) is amended by striking ``Not later'' and all
    that follows through ``biennially'' and inserting ``Not

    [[Page 123 STAT. 1416]]

    later than 3 years after the date of enactment of the Omnibus Public
    Land Management Act of 2009 and biennially''.
        (i) Authorization of Appropriations; Allocation.--Section 9 of the
    National Geologic Mapping Act of 1992 (43 U.S.C. 31h) is amended--
                (1) by striking subsection (a) and inserting the following:

        ``(a) In General.--There is authorized to be appropriated to carry
    out this Act $64,000,000 for each of fiscal years 2009 through 2018.'';
    and
                (2) in subsection (b)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``2000'' and inserting ``2005'';
                        (B) in paragraph (1), by striking ``48'' and
                    inserting ``50''; and
                        (C) in paragraph (2), by striking 2 and inserting
                    ``4''.
    SEC. 11002. NEW MEXICO WATER RESOURCES STUDY.

        (a) In General.--The Secretary of the Interior, acting through the
    Director of the United States Geological Survey (referred to in this
    section as the ``Secretary''), in coordination with the State of New
    Mexico (referred to in this section as the ``State'') and any other
    entities that the Secretary determines to be appropriate (including
    other Federal agencies and institutions of higher education), shall, in
    accordance with this section and any other applicable law, conduct a
    study of water resources in the State, including--
                (1) a survey of groundwater resources, including an analysis
            of--
                        (A) aquifers in the State, including the quantity of
                    water in the aquifers;
                        (B) the availability of groundwater resources for
                    human use;
                        (C) the salinity of groundwater resources;
                        (D) the potential of the groundwater resources to
                    recharge;
                        (E) the interaction between groundwater and surface
                    water;
                        (F) the susceptibility of the aquifers to
                    contamination; and
                        (G) any other relevant criteria; and
                (2) a characterization of surface and bedrock geology,
            including the effect of the geology on groundwater yield and
            quality.

        (b) Study Areas.--The study carried out under subsection (a) shall
    include the Estancia Basin, Salt Basin, Tularosa Basin, Hueco Basin, and
    middle Rio Grande Basin in the State.
        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Energy and
    Natural Resources of the Senate and the Committee on Resources of the
    House of Representatives a report that describes the results of the
    study.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.

    [[Page 123 STAT. 1417]]

                                TITLE XII--OCEANS

                          Subtitle A--Ocean Exploration

                               PART I--EXPLORATION

    SEC. 12001. <<NOTE: 33 USC 3401.>>  PURPOSE.

        The purpose of this part is to establish the national ocean
    exploration program and the national undersea research program within
    the National Oceanic and Atmospheric Administration.
    SEC. 12002. <<NOTE: 33 USC 3402.>>  PROGRAM ESTABLISHED.

        The Administrator of the National Oceanic and Atmospheric
    Administration shall, in consultation with the National Science
    Foundation and other appropriate Federal agencies, establish a
    coordinated national ocean exploration program within the National
    Oceanic and Atmospheric Administration that promotes collaboration with
    other Federal ocean and undersea research and exploration programs. To
    the extent appropriate, the Administrator shall seek to facilitate
    coordination of data and information management systems, outreach and
    education programs to improve public understanding of ocean and coastal
    resources, and development and transfer of technologies to facilitate
    ocean and undersea research and exploration.
    SEC. 12003. <<NOTE: 33 USC 3403.>>  POWERS AND DUTIES OF THE
                                ADMINISTRATOR.

        (a) In General.--In carrying out the program authorized by section
    12002, the Administrator of the National Oceanic and Atmospheric
    Administration shall--
                (1) conduct interdisciplinary voyages or other scientific
            activities in conjunction with other Federal agencies or
            academic or educational institutions, to explore and survey
            little known areas of the marine environment, inventory,
            observe, and assess living and nonliving marine resources, and
            report such findings;
                (2) give priority attention to deep ocean regions, with a
            focus on deep water marine systems that hold potential for
            important scientific discoveries, such as hydrothermal vent
            communities and seamounts;
                (3) conduct scientific voyages to locate, define, and
            document historic shipwrecks, submerged sites, and other ocean
            exploration activities that combine archaeology and
            oceanographic sciences;
                (4) develop and implement, in consultation with the National
            Science Foundation, a transparent, competitive process for
            merit-based peer-review and approval of proposals for activities
            to be conducted under this program, taking into consideration
            advice of the Board established under section 12005;
                (5) enhance the technical capability of the United States
            marine science community by promoting the development of
            improved oceanographic research, communication, navigation, and
            data collection systems, as well as underwater platforms and
            sensor and autonomous vehicles; and
                (6) establish an ocean exploration forum to encourage
            partnerships and promote communication among experts and other

    [[Page 123 STAT. 1418]]

            stakeholders in order to enhance the scientific and technical
            expertise and relevance of the national program.

        (b) Donations.--The Administrator may accept donations of property,
    data, and equipment to be applied for the purpose of exploring the
    oceans or increasing knowledge of the oceans.
    SEC. 12004. <<NOTE: 33 USC 3404.>>  OCEAN EXPLORATION AND UNDERSEA
                                RESEARCH TECHNOLOGY AND INFRASTRUCTURE
                                TASK FORCE.

        (a) <<NOTE: Establishment. Strategic plan.>>  In General.--The
    Administrator of the National Oceanic and Atmospheric Administration, in
    coordination with the National Science Foundation, the National
    Aeronautics and Space Administration, the United States Geological
    Survey, the Department of the Navy, the Mineral Management Service, and
    relevant governmental, non-governmental, academic, industry, and other
    experts, shall convene an ocean exploration and undersea research
    technology and infrastructure task force to develop and implement a
    strategy--
                (1) to facilitate transfer of new exploration and undersea
            research technology to the programs authorized under this part
            and part II of this subtitle;
                (2) to improve availability of communications
            infrastructure, including satellite capabilities, to such
            programs;
                (3) to develop an integrated, workable, and comprehensive
            data management information processing system that will make
            information on unique and significant features obtained by such
            programs available for research and management purposes;
                (4) to conduct public outreach activities that improve the
            public understanding of ocean science, resources, and processes,
            in conjunction with relevant programs of the National Oceanic
            and Atmospheric Administration, the National Science Foundation,
            and other agencies; and
                (5) to encourage cost-sharing partnerships with governmental
            and nongovernmental entities that will assist in transferring
            exploration and undersea research technology and technical
            expertise to the programs.

        (b) Budget Coordination.--The task force shall coordinate the
    development of agency budgets and identify the items in their annual
    budget that support the activities identified in the strategy developed
    under subsection (a).
    SEC. 12005. <<NOTE: 33 USC 3405.>>  OCEAN EXPLORATION ADVISORY
                                BOARD.

        (a) Establishment.--The Administrator of the National Oceanic and
    Atmospheric Administration shall appoint an Ocean Exploration Advisory
    Board composed of experts in relevant fields--
                (1) to advise the Administrator on priority areas for survey
            and discovery;
                (2) to assist the program in the development of a 5-year
            strategic plan for the fields of ocean, marine, and Great Lakes
            science, exploration, and discovery;
                (3) to annually review the quality and effectiveness of the
            proposal review process established under section 12003(a)(4);
            and
                (4) to provide other assistance and advice as requested by
            the Administrator.

        (b) Federal Advisory Committee Act.--Section 14 of the Federal
    Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board
    appointed under subsection (a).

    [[Page 123 STAT. 1419]]

        (c) Application With Outer Continental Shelf Lands Act.--Nothing in
    part supersedes, or limits the authority of the Secretary of the
    Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
    seq.).
    SEC. 12006. <<NOTE: 33 USC 3406.>>  AUTHORIZATION OF
                                APPROPRIATIONS.

        There are authorized to be appropriated to the National Oceanic and
    Atmospheric Administration to carry out this part--
                (1) $33,550,000 for fiscal year 2009;
                (2) $36,905,000 for fiscal year 2010;
                (3) $40,596,000 for fiscal year 2011;
                (4) $44,655,000 for fiscal year 2012;
                (5) $49,121,000 for fiscal year 2013;
                (6) $54,033,000 for fiscal year 2014; and
                (7) $59,436,000 for fiscal year 2015.

      PART <<NOTE: NOAA Undersea Research Program Act of 2009. 33 USC 3401
    note.>>  II--NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009
    SEC. 12101. SHORT TITLE.

        This part may be cited as the ``NOAA Undersea Research Program Act
    of 2009''.
    SEC. 12102. <<NOTE: 33 USC 3421.>>  PROGRAM ESTABLISHED.

        (a) In General.--The Administrator of the National Oceanic and
    Atmospheric Administration shall establish and maintain an undersea
    research program and shall designate a Director of that program.
        (b) Purpose.--The purpose of the program is to increase scientific
    knowledge essential for the informed management, use, and preservation
    of oceanic, marine, and coastal areas and the Great Lakes.
    SEC. 12103. <<NOTE: 33 USC 3422.>>  POWERS OF PROGRAM DIRECTOR.

        The Director of the program, in carrying out the program, shall--
                (1) cooperate with institutions of higher education and
            other educational marine and ocean science organizations, and
            shall make available undersea research facilities, equipment,
            technologies, information, and expertise to support undersea
            research efforts by these organizations;
                (2) enter into partnerships, as appropriate and using
            existing authorities, with the private sector to achieve the
            goals of the program and to promote technological advancement of
            the marine industry; and
                (3) coordinate the development of agency budgets and
            identify the items in their annual budget that support the
            activities described in paragraphs (1) and (2).
    SEC. 12104. <<NOTE: 33 USC 3423.>>  ADMINISTRATIVE STRUCTURE.

        (a) In General.--The program shall be conducted through a national
    headquarters, a network of extramural regional undersea research centers
    that represent all relevant National Oceanic and Atmospheric
    Administration regions, and the National Institute for Undersea Science
    and Technology.
        (b) <<NOTE: Deadlines. Federal Register, publication. Public
    comment.>>  Direction.--The Director shall develop the overall direction
    of the program in coordination with a Council of Center Directors
    comprised of the directors of the extramural regional centers and

    [[Page 123 STAT. 1420]]

    the National Institute for Undersea Science and Technology. The Director
    shall publish a draft program direction document not later than 1 year
    after the date of enactment of this Act in the Federal Register for a
    public comment period of not less than 120 days. The Director shall
    publish a final program direction, including responses to the comments
    received during the public comment period, in the Federal Register
    within 90 days after the close of the comment period. The program
    director shall update the program direction, with opportunity for public
    comment, at least every 5 years.
    SEC. 12105. <<NOTE: 33 USC 3424.>>  RESEARCH, EXPLORATION,
                                EDUCATION, AND TECHNOLOGY PROGRAMS.

        (a) In General.--The following research, exploration, education, and
    technology programs shall be conducted through the network of regional
    centers and the National Institute for Undersea Science and Technology:
                (1) Core research and exploration based on national and
            regional undersea research priorities.
                (2) Advanced undersea technology development to support the
            National Oceanic and Atmospheric Administration's research
            mission and programs.
                (3) Undersea science-based education and outreach programs
            to enrich ocean science education and public awareness of the
            oceans and Great Lakes.
                (4) Development, testing, and transition of advanced
            undersea technology associated with ocean observatories,
            submersibles, advanced diving technologies, remotely operated
            vehicles, autonomous underwater vehicles, and new sampling and
            sensing technologies.
                (5) Discovery, study, and development of natural resources
            and products from ocean, coastal, and aquatic systems.

        (b) Operations.--The Director of the program, through operation of
    the extramural regional centers and the National Institute for Undersea
    Science and Technology, shall leverage partnerships and cooperative
    research with academia and private industry.
    SEC. 12106. <<NOTE: 33 USC 3425.>>  COMPETITIVENESS.

        (a) Discretionary Fund.--The Program shall allocate no more than 10
    percent of its annual budget to a discretionary fund that may be used
    only for program administration and priority undersea research projects
    identified by the Director but not covered by funding available from
    centers.
        (b) <<NOTE: Deadlines.>>  Competitive Selection.--The Administrator
    shall conduct an initial competition to select the regional centers that
    will participate in the program 90 days after the publication of the
    final program direction under section 12104 and every 5 years
    thereafter. Funding for projects conducted through the regional centers
    shall be awarded through a competitive, merit-reviewed process on the
    basis of their relevance to the goals of the program and their technical
    feasibility.
    SEC. 12107. <<NOTE: 33 USC 3426.>>  AUTHORIZATION OF
                                APPROPRIATIONS.

        There are authorized to be appropriated to the National Oceanic and
    Atmospheric Administration--
                (1) for fiscal year 2009--

    [[Page 123 STAT. 1421]]

                        (A) $13,750,000 for the regional centers, of which
                    50 percent shall be for West Coast regional centers and
                    50 percent shall be for East Coast regional centers; and
                        (B) $5,500,000 for the National Technology
                    Institute;
                (2) for fiscal year 2010--
                        (A) $15,125,000 for the regional centers, of which
                    50 percent shall be for West Coast regional centers and
                    50 percent shall be for East Coast regional centers; and
                        (B) $6,050,000 for the National Technology
                    Institute;
                (3) for fiscal year 2011--
                        (A) $16,638,000 for the regional centers, of which
                    50 percent shall be for West Coast regional centers and
                    50 percent shall be for East Coast regional centers; and
                        (B) $6,655,000 for the National Technology
                    Institute;
                (4) for fiscal year 2012--
                        (A) $18,301,000 for the regional centers, of which
                    50 percent shall be for West Coast regional centers and
                    50 percent shall be for East Coast regional centers; and
                        (B) $7,321,000 for the National Technology
                    Institute;
                (5) for fiscal year 2013--
                        (A) $20,131,000 for the regional centers, of which
                    50 percent shall be for West Coast regional centers and
                    50 percent shall be for East Coast regional centers; and
                        (B) $8,053,000 for the National Technology
                    Institute;
                (6) for fiscal year 2014--
                        (A) $22,145,000 for the regional centers, of which
                    50 percent shall be for West Coast regional centers and
                    50 percent shall be for East Coast regional centers; and
                        (B) $8,859,000 for the National Technology
                    Institute; and
                (7) for fiscal year 2015--
                        (A) $24,359,000 for the regional centers, of which
                    50 percent shall be for West Coast regional centers and
                    50 percent shall be for East Coast regional centers; and
                        (B) $9,744,000 for the National Technology
                    Institute.

    Subtitle <<NOTE: Ocean and Coastal Mapping Integration Act.>>  B--Ocean
    and Coastal Mapping Integration Act
    SEC. 12201. <<NOTE: 33 USC 3501 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Ocean and Coastal Mapping
    Integration Act''.
    SEC. 12202. <<NOTE: 33 USC 3501.>>  ESTABLISHMENT OF PROGRAM.

        (a) <<NOTE: President.>>  In General.--The President, in
    coordination with the Interagency Committee on Ocean and Coastal Mapping
    and affected coastal states, shall establish a program to develop a
    coordinated and comprehensive Federal ocean and coastal mapping plan for
    the Great Lakes and coastal state waters, the territorial sea, the
    exclusive economic zone, and the continental shelf of the United States
    that enhances ecosystem approaches in decision-making for conservation
    and management of marine resources and habitats, establishes research
    and mapping priorities, supports the siting of research and other
    platforms, and advances ocean and coastal science.

    [[Page 123 STAT. 1422]]

        (b) Membership.--The Committee shall be comprised of high-level
    representatives of the Department of Commerce, through the National
    Oceanic and Atmospheric Administration, the Department of the Interior,
    the National Science Foundation, the Department of Defense, the
    Environmental Protection Agency, the Department of Homeland Security,
    the National Aeronautics and Space Administration, and other appropriate
    Federal agencies involved in ocean and coastal mapping.
        (c) Program Parameters.--In developing such a program, the
    President, through the Committee, shall--
                (1) identify all Federal and federally-funded programs
            conducting shoreline delineation and ocean or coastal mapping,
            noting geographic coverage, frequency, spatial coverage,
            resolution, and subject matter focus of the data and location of
            data archives;
                (2) facilitate cost-effective, cooperative mapping efforts
            that incorporate policies for contracting with non-governmental
            entities among all Federal agencies conducting ocean and coastal
            mapping, by increasing data sharing, developing appropriate data
            acquisition and metadata standards, and facilitating the
            interoperability of in situ data collection systems, data
            processing, archiving, and distribution of data products;
                (3) facilitate the adaptation of existing technologies as
            well as foster expertise in new ocean and coastal mapping
            technologies, including through research, development, and
            training conducted among Federal agencies and in cooperation
            with non-governmental entities;
                (4) develop standards and protocols for testing innovative
            experimental mapping technologies and transferring new
            technologies between the Federal Government, coastal state, and
            non-governmental entities;
                (5) provide for the archiving, management, and distribution
            of data sets through a national registry as well as provide
            mapping products and services to the general public in service
            of statutory requirements;
                (6) develop data standards and protocols consistent with
            standards developed by the Federal Geographic Data Committee for
            use by Federal, coastal state, and other entities in mapping and
            otherwise documenting locations of federally permitted
            activities, living and nonliving coastal and marine resources,
            marine ecosystems, sensitive habitats, submerged cultural
            resources, undersea cables, offshore aquaculture projects,
            offshore energy projects, and any areas designated for purposes
            of environmental protection or conservation and management of
            living and nonliving coastal and marine resources;
                (7) identify the procedures to be used for coordinating the
            collection and integration of Federal ocean and coastal mapping
            data with coastal state and local government programs;
                (8) facilitate, to the extent practicable, the collection of
            real-time tide data and the development of hydrodynamic models
            for coastal areas to allow for the application of V-datum tools
            that will facilitate the seamless integration of onshore and
            offshore maps and charts;
                (9) establish a plan for the acquisition and collection of
            ocean and coastal mapping data; and

    [[Page 123 STAT. 1423]]

                (10) set forth a timetable for completion and implementation
            of the plan.
    SEC. 12203. <<NOTE: 33 USC 3502.>>  INTERAGENCY COMMITTEE ON OCEAN
                                AND COASTAL MAPPING.

        (a) <<NOTE: Deadline. Establishment.>>  In General.--The
    Administrator of the National Oceanic and Atmospheric Administration,
    within 30 days after the date of enactment of this Act, shall convene or
    utilize an existing interagency committee on ocean and coastal mapping
    to implement section 12202.

        (b) Membership.--The committee shall be comprised of senior
    representatives from Federal agencies with ocean and coastal mapping and
    surveying responsibilities. The representatives shall be high-ranking
    officials of their respective agencies or departments and, whenever
    possible, the head of the portion of the agency or department that is
    most relevant to the purposes of this subtitle. Membership shall include
    senior representatives from the National Oceanic and Atmospheric
    Administration, the Chief of Naval Operations, the United States
    Geological Survey, the Minerals Management Service, the National Science
    Foundation, the National Geospatial-Intelligence Agency, the United
    States Army Corps of Engineers, the Coast Guard, the Environmental
    Protection Agency, the Federal Emergency Management Agency, the National
    Aeronautics and Space Administration, and other appropriate Federal
    agencies involved in ocean and coastal mapping.
        (c) Co-Chairmen.--The Committee shall be co-chaired by the
    representative of the Department of Commerce and a representative of the
    Department of the Interior.
        (d) Subcommittee.--The co-chairmen shall establish a subcommittee to
    carry out the day-to-day work of the Committee, comprised of senior
    representatives of any member agency of the committee. Working groups
    may be formed by the full Committee to address issues of short duration.
    The subcommittee shall be chaired by the representative from the
    National Oceanic and Atmospheric Administration. The chairmen of the
    Committee may create such additional subcommittees and working groups as
    may be needed to carry out the work of Committee.
        (e) Meetings.--The committee shall meet on a quarterly basis, but
    each subcommittee and each working group shall meet on an as-needed
    basis.
        (f) Coordination.--The committee shall coordinate activities when
    appropriate, with--
                (1) other Federal efforts, including the Digital Coast,
            Geospatial One-Stop, and the Federal Geographic Data Committee;
                (2) international mapping activities;
                (3) coastal states;
                (4) user groups through workshops and other appropriate
            mechanisms; and
                (5) representatives of nongovernmental entities.

        (g) Advisory Panel.--The Administrator may convene an ocean and
    coastal mapping advisory panel consisting of representatives from non-
    governmental entities to provide input regarding activities of the
    committee in consultation with the interagency committee.
    SEC. 12204. <<NOTE: 33 USC 3503.>>  BIENNIAL REPORTS.

        No later than 18 months after the date of enactment of this Act, and
    biennially thereafter, the co-chairmen of the Committee

    [[Page 123 STAT. 1424]]

    shall transmit to the Committees on Commerce, Science, and
    Transportation and Energy and Natural Resources of the Senate and the
    Committee on Natural Resources of the House of Representatives a report
    detailing progress made in implementing this subtitle, including--
                (1) an inventory of ocean and coastal mapping data within
            the territorial sea and the exclusive economic zone and
            throughout the Continental Shelf of the United States, noting
            the age and source of the survey and the spatial resolution
            (metadata) of the data;
                (2) identification of priority areas in need of survey
            coverage using present technologies;
                (3) a resource plan that identifies when priority areas in
            need of modern ocean and coastal mapping surveys can be
            accomplished;
                (4) the status of efforts to produce integrated digital maps
            of ocean and coastal areas;
                (5) a description of any products resulting from coordinated
            mapping efforts under this subtitle that improve public
            understanding of the coasts and oceans, or regulatory
            decisionmaking;
                (6) documentation of minimum and desired standards for data
            acquisition and integrated metadata;
                (7) a statement of the status of Federal efforts to leverage
            mapping technologies, coordinate mapping activities, share
            expertise, and exchange data;
                (8) a statement of resource requirements for organizations
            to meet the goals of the program, including technology needs for
            data acquisition, processing, and distribution systems;
                (9) a statement of the status of efforts to declassify data
            gathered by the Navy, the National Geospatial-Intelligence
            Agency, and other agencies to the extent possible without
            jeopardizing national security, and make it available to partner
            agencies and the public;
                (10) a resource plan for a digital coast integrated mapping
            pilot project for the northern Gulf of Mexico that will--
                        (A) cover the area from the authorized coastal
                    counties through the territorial sea;
                        (B) identify how such a pilot project will leverage
                    public and private mapping data and resources, such as
                    the United States Geological Survey National Map, to
                    result in an operational coastal change assessment
                    program for the subregion;
                (11) the status of efforts to coordinate Federal programs
            with coastal state and local government programs and leverage
            those programs;
                (12) a description of efforts of Federal agencies to
            increase contracting with nongovernmental entities; and
                (13) an inventory and description of any new Federal or
            federally funded programs conducting shoreline delineation and
            ocean or coastal mapping since the previous reporting cycle.
    SEC. 12205. <<NOTE: 33 USC 3504.>>  PLAN.

        (a) <<NOTE: Deadline.>>  In General.--Not later than 6 months after
    the date of enactment of this Act, the Administrator, in consultation
    with the Committee, shall develop and submit to the Congress a plan for
    an integrated ocean and coastal mapping initiative within the National
    Oceanic and Atmospheric Administration.

    [[Page 123 STAT. 1425]]

        (b) Plan Requirements.--The plan shall--
                (1) identify and describe all ocean and coastal mapping
            programs within the agency, including those that conduct mapping
            or related activities in the course of existing missions, such
            as hydrographic surveys, ocean exploration projects, living
            marine resource conservation and management programs, coastal
            zone management projects, and ocean and coastal observations and
            science projects;
                (2) establish priority mapping programs and establish and
            periodically update priorities for geographic areas in surveying
            and mapping across all missions of the National Oceanic and
            Atmospheric Administration, as well as minimum data acquisition
            and metadata standards for those programs;
                (3) encourage the development of innovative ocean and
            coastal mapping technologies and applications, through research
            and development through cooperative or other agreements with
            joint or cooperative research institutes or centers and with
            other non-governmental entities;
                (4) document available and developing technologies, best
            practices in data processing and distribution, and leveraging
            opportunities with other Federal agencies, coastal states, and
            non-governmental entities;
                (5) identify training, technology, and other resource
            requirements for enabling the National Oceanic and Atmospheric
            Administration's programs, vessels, and aircraft to support a
            coordinated ocean and coastal mapping program;
                (6) identify a centralized mechanism or office for
            coordinating data collection, processing, archiving, and
            dissemination activities of all such mapping programs within the
            National Oceanic and Atmospheric Administration that meets
            Federal mandates for data accuracy and accessibility and
            designate a repository that is responsible for archiving and
            managing the distribution of all ocean and coastal mapping data
            to simplify the provision of services to benefit Federal and
            coastal state programs; and
                (7) set forth a timetable for implementation and completion
            of the plan, including a schedule for submission to the Congress
            of periodic progress reports and recommendations for integrating
            approaches developed under the initiative into the interagency
            program.

        (c) NOAA Joint Ocean and Coastal Mapping Centers.--The Administrator
    may maintain and operate up to 3 joint ocean and coastal mapping
    centers, including a joint hydrographic center, which shall each be co-
    located with an institution of higher education. The centers shall serve
    as hydrographic centers of excellence and may conduct activities
    necessary to carry out the purposes of this subtitle, including--
                (1) research and development of innovative ocean and coastal
            mapping technologies, equipment, and data products;
                (2) mapping of the United States Outer Continental Shelf and
            other regions;
                (3) data processing for nontraditional data and uses;
                (4) advancing the use of remote sensing technologies, for
            related issues, including mapping and assessment of essential
            fish habitat and of coral resources, ocean observations, and
            ocean exploration; and

    [[Page 123 STAT. 1426]]

                (5) providing graduate education and training in ocean and
            coastal mapping sciences for members of the National Oceanic and
            Atmospheric Administration Commissioned Officer Corps, personnel
            of other agencies with ocean and coastal mapping programs, and
            civilian personnel.

        (d) NOAA Report.--The Administrator shall continue developing a
    strategy for expanding contracting with non-governmental entities to
    minimize duplication and take maximum advantage of nongovernmental
    capabilities in fulfilling the Administration's mapping and charting
    responsibilities. Within 120 days after the date of enactment of this
    Act, the Administrator shall transmit a report describing the strategy
    developed under this subsection to the Committee on Commerce, Science,
    and Transportation of the Senate and the Committee on Natural Resources
    of the House of Representatives.
    SEC. 12206. <<NOTE: 33 USC 3505.>>  EFFECT ON OTHER LAWS.

        Nothing in this subtitle shall be construed to supersede or alter
    the existing authorities of any Federal agency with respect to ocean and
    coastal mapping.
    SEC. 12207. <<NOTE: 33 USC 3506.>>  AUTHORIZATION OF
                                APPROPRIATIONS.

        (a) In General.--In addition to the amounts authorized by section
    306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C.
    892d), there are authorized to be appropriated to the Administrator to
    carry out this subtitle--
                (1) $26,000,000 for fiscal year 2009;
                (2) $32,000,000 for fiscal year 2010;
                (3) $38,000,000 for fiscal year 2011; and
                (4) $45,000,000 for each of fiscal years 2012 through 2015.

        (b) Joint Ocean and Coastal Mapping Centers.--Of the amounts
    appropriated pursuant to subsection (a), the following amounts shall be
    used to carry out section 12205(c) of this subtitle:
                (1) $11,000,000 for fiscal year 2009.
                (2) $12,000,000 for fiscal year 2010.
                (3) $13,000,000 for fiscal year 2011.
                (4) $15,000,000 for each of fiscal years 2012 through 2015.

        (c) Cooperative Agreements.--To carry out interagency activities
    under section 12203 of this subtitle, the head of any department or
    agency may execute a cooperative agreement with the Administrator,
    including those authorized by section 5 of the Act of August 6, 1947 (33
    U.S.C. 883e).
    SEC. 12208. <<NOTE: 33 USC 3507.>>  DEFINITIONS.

        In this subtitle:
                (1) Administrator.--The term ``Administrator' '' means the
            Administrator of the National Oceanic and Atmospheric
            Administration.
                (2) Coastal state.--The term ``coastal state'' has the
            meaning given that term by section 304(4) of the Coastal Zone
            Management Act of 1972 (16 U.S.C. 1453(4).
                (3) Committee.--The term ``Committee'' means the Interagency
            Ocean and Coastal Mapping Committee established by section
            12203.
                (4) Exclusive economic zone.--The term ``exclusive economic
            zone'' means the exclusive economic zone of the United States
            established by Presidential Proclamation No. 5030, of March 10,
            1983.

    [[Page 123 STAT. 1427]]

                (5) Ocean and coastal mapping.--The term ``ocean and coastal
            mapping'' means the acquisition, processing, and management of
            physical, biological, geological, chemical, and archaeological
            characteristics and boundaries of ocean and coastal areas,
            resources, and sea beds through the use of acoustics,
            satellites, aerial photogrammetry, light and imaging, direct
            sampling, and other mapping technologies.
                (6) Territorial sea.--The term ``territorial sea'' means the
            belt of sea measured from the baseline of the United States
            determined in accordance with international law, as set forth in
            Presidential Proclamation Number 5928, dated December 27, 1988.
                (7) Nongovernmental entities.--The term ``nongovernmental
            entities'' includes nongovernmental organizations, members of
            the academic community, and private sector organizations that
            provide products and services associated with measuring,
            locating, and preparing maps, charts, surveys, aerial
            photographs, satellite imagines, or other graphical or digital
            presentations depicting natural or manmade physical features,
            phenomena, and legal boundaries of the Earth.
                (8) Outer continental shelf.--The term ``Outer Continental
            Shelf'' means all submerged lands lying seaward and outside of
            lands beneath navigable waters (as that term is defined in
            section 2 of the Submerged Lands Act (43 U.S.C. 1301)), and of
            which the subsoil and seabed appertain to the United States and
            are subject to its jurisdiction and control.

    Subtitle <<NOTE: Integrated Coastal and Ocean Observation System Act of
     2009. 33 USC 3601 note.>>  C--Integrated Coastal and Ocean Observation
    System Act of 2009
    SEC. 12301. SHORT TITLE.

        This subtitle may be cited as the ``Integrated Coastal and Ocean
    Observation System Act of 2009''.
    SEC. 12302. <<NOTE: 33 USC 3601.>>  PURPOSES.

        The purposes of this subtitle are to--
                (1) establish a national integrated System of ocean,
            coastal, and Great Lakes observing systems, comprised of Federal
            and non-Federal components coordinated at the national level by
            the National Ocean Research Leadership Council and at the
            regional level by a network of regional information coordination
            entities, and that includes in situ, remote, and other coastal
            and ocean observation, technologies, and data management and
            communication systems, and is designed to address regional and
            national needs for ocean information, to gather specific data on
            key coastal, ocean, and Great Lakes variables, and to ensure
            timely and sustained dissemination and availability of these
            data to--
                        (A) support national defense, marine commerce,
                    navigation safety, weather, climate, and marine
                    forecasting, energy siting and production, economic
                    development, ecosystem-based marine, coastal, and Great
                    Lakes resource management, public safety, and public
                    outreach training and education;

    [[Page 123 STAT. 1428]]

                        (B) promote greater public awareness and stewardship
                    of the Nation's ocean, coastal, and Great Lakes
                    resources and the general public welfare; and
                        (C) enable advances in scientific understanding to
                    support the sustainable use, conservation, management,
                    and understanding of healthy ocean, coastal, and Great
                    Lakes resources;
                (2) improve the Nation's capability to measure, track,
            explain, and predict events related directly and indirectly to
            weather and climate change, natural climate variability, and
            interactions between the oceanic and atmospheric environments,
            including the Great Lakes; and
                (3) authorize activities to promote basic and applied
            research to develop, test, and deploy innovations and
            improvements in coastal and ocean observation technologies,
            modeling systems, and other scientific and technological
            capabilities to improve our conceptual understanding of weather
            and climate, ocean-atmosphere dynamics, global climate change,
            physical, chemical, and biological dynamics of the ocean,
            coastal and Great Lakes environments, and to conserve healthy
            and restore degraded coastal ecosystems.
    SEC. 12303. <<NOTE: 33 USC 3602.>>  DEFINITIONS.

        In this subtitle:
                (1) Administrator.--The term ``Administrator'' means the
            Under Secretary of Commerce for Oceans and Atmosphere in the
            Under Secretary's capacity as Administrator of the National
            Oceanic and Atmospheric Administration.
                (2) Council.--The term ``Council'' means the National Ocean
            Research Leadership Council established by section 7902 of title
            10, United States Code.
                (3) Federal assets.--The term ``Federal assets'' means all
            relevant non-classified civilian coastal and ocean observations,
            technologies, and related modeling, research, data management,
            basic and applied technology research and development, and
            public education and outreach programs, that are managed by
            member agencies of the Council.
                (4) Interagency ocean observation committee.--The term
            ``Interagency Ocean Observation Committee'' means the committee
            established under section 12304(c)(2).
                (5) Non-federal assets.--The term ``non-Federal assets''
            means all relevant coastal and ocean observation technologies,
            related basic and applied technology research and development,
            and public education and outreach programs that are integrated
            into the System and are managed through States, regional
            organizations, universities, nongovernmental organizations, or
            the private sector.
                (6) Regional information coordination entities.--
                        (A) In general.--The term ``regional information
                    coordination entity'' means an organizational body that
                    is certified or established by contract or memorandum by
                    the lead Federal agency designated in section
                    12304(c)(3) of this subtitle and coordinates State,
                    Federal, local, and private interests at a regional
                    level with the responsibility of engaging the private
                    and public sectors in designing, operating, and
                    improving regional coastal and ocean observing systems
                    in order to ensure the provision of data

    [[Page 123 STAT. 1429]]

                    and information that meet the needs of user groups from
                    the respective regions.
                        (B) Certain included associations.--The term
                    ``regional information coordination entity'' includes
                    regional associations described in the System Plan.
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of Commerce, acting through the National Oceanic and Atmospheric
            Administration.
                (8) System.--The term ``System'' means the National
            Integrated Coastal and Ocean Observation System established
            under section 12304.
                (9) System plan.--The term ``System Plan'' means the plan
            contained in the document entitled ``Ocean. US Publication No.
            9, The First Integrated Ocean Observing System (IOOS)
            Development Plan'', as updated by the Council under this
            subtitle.
    SEC. 12304. <<NOTE: 33 USC 3603.>>  INTEGRATED COASTAL AND OCEAN
                                OBSERVING SYSTEM.

        (a) <<NOTE: President.>>  Establishment.--The President, acting
    through the Council, shall establish a National Integrated Coastal and
    Ocean Observation System to fulfill the purposes set forth in section
    12302 of this subtitle and the System Plan and to fulfill the Nation's
    international obligations to contribute to the Global Earth Observation
    System of Systems and the Global Ocean Observing System.

        (b) System Elements.--
                (1) In general.--In order to fulfill the purposes of this
            subtitle, the System shall be national in scope and consist of--
                        (A) Federal assets to fulfill national and
                    international observation missions and priorities;
                        (B) non-Federal assets, including a network of
                    regional information coordination entities identified
                    under subsection (c)(4), to fulfill regional observation
                    missions and priorities;
                        (C) data management, communication, and modeling
                    systems for the timely integration and dissemination of
                    data and information products from the System;
                        (D) a research and development program conducted
                    under the guidance of the Council, consisting of--
                              (i) basic and applied research and technology
                          development to improve understanding of coastal
                          and ocean systems and their relationships to human
                          activities and to ensure improvement of
                          operational assets and products, including related
                          infrastructure, observing technologies, and
                          information and data processing and management
                          technologies; and
                              (ii) large scale computing resources and
                          research to advance modeling of coastal and ocean
                          processes.
                (2) Enhancing administration and management.--The head of
            each Federal agency that has administrative jurisdiction over a
            Federal asset shall support the purposes of this subtitle and
            may take appropriate actions to enhance internal agency
            administration and management to better support, integrate,
            finance, and utilize observation data, products, and services
            developed under this section to further its own agency mission
            and responsibilities.

    [[Page 123 STAT. 1430]]

                (3) Availability of data.--The head of each Federal agency
            that has administrative jurisdiction over a Federal asset shall
            make available data that are produced by that asset and that are
            not otherwise restricted for integration, management, and
            dissemination by the System.
                (4) Non-federal assets.--Non-Federal assets shall be
            coordinated, as appropriate, by the Interagency Ocean Observing
            Committee or by regional information coordination entities.

        (c) Policy Oversight, Administration, and Regional Coordination.--
                (1) Council functions.--The Council shall serve as the
            policy and coordination oversight body for all aspects of the
            System. In carrying out its responsibilities under this
            subtitle, the Council shall--
                        (A) approve and adopt comprehensive System budgets
                    developed and maintained by the Interagency Ocean
                    Observation Committee to support System operations,
                    including operations of both Federal and non-Federal
                    assets;
                        (B) ensure coordination of the System with other
                    domestic and international earth observing activities
                    including the Global Ocean Observing System and the
                    Global Earth Observing System of Systems, and provide,
                    as appropriate, support for and representation on United
                    States delegations to international meetings on coastal
                    and ocean observing programs; and
                        (C) encourage coordinated intramural and extramural
                    research and technology development, and a process to
                    transition developing technology and methods into
                    operations of the System.
                (2) <<NOTE: Establishment.>>  Interagency ocean observation
            committee.--The Council shall establish or designate an
            Interagency Ocean Observation Committee which shall--
                        (A) <<NOTE: Plans.>>  prepare annual and long-term
                    plans for consideration and approval by the Council for
                    the integrated design, operation, maintenance,
                    enhancement and expansion of the System to meet the
                    objectives of this subtitle and the System Plan;
                        (B) <<NOTE: Budget.>>  develop and transmit to
                    Congress at the time of submission of the President's
                    annual budget request an annual coordinated,
                    comprehensive budget to operate all elements of the
                    System identified in subsection (b), and to ensure
                    continuity of data streams from Federal and non-Federal
                    assets;
                        (C) establish required observation data variables to
                    be gathered by both Federal and non-Federal assets and
                    identify, in consultation with regional information
                    coordination entities, priorities for System
                    observations;
                        (D) establish protocols and standards for System
                    data processing, management, and communication;
                        (E) <<NOTE: Standards. Procedures.>>  develop
                    contract certification standards and compliance
                    procedures for all non-Federal assets, including
                    regional information coordination entities, to establish
                    eligibility for integration into the System and to
                    ensure compliance with all applicable standards and
                    protocols established

    [[Page 123 STAT. 1431]]

                    by the Council, and ensure that regional observations
                    are integrated into the System on a sustained basis;
                        (F) identify gaps in observation coverage or needs
                    for capital improvements of both Federal assets and non-
                    Federal assets;
                        (G) subject to the availability of appropriations,
                    establish through one or more participating Federal
                    agencies, in consultation with the System advisory
                    committee established under subsection (d), a
                    competitive matching grant or other programs--
                              (i) to promote intramural and extramural
                          research and development of new, innovative, and
                          emerging observation technologies including
                          testing and field trials; and
                              (ii) to facilitate the migration of new,
                          innovative, and emerging scientific and
                          technological advances from research and
                          development to operational deployment;
                        (H) periodically review and recommend to the
                    Council, in consultation with the Administrator,
                    revisions to the System Plan;
                        (I) ensure collaboration among Federal agencies
                    participating in the activities of the Committee; and
                        (J) perform such additional duties as the Council
                    may delegate.
                (3) Lead federal agency.--The National Oceanic and
            Atmospheric Administration shall function as the lead Federal
            agency for the implementation and administration of the System,
            in consultation with the Council, the Interagency Ocean
            Observation Committee, other Federal agencies that maintain
            portions of the System, and the regional information
            coordination entities, and shall--
                        (A) <<NOTE: Government organization.>>  establish an
                    Integrated Ocean Observing Program Office within the
                    National Oceanic and Atmospheric Administration
                    utilizing to the extent necessary, personnel from member
                    agencies participating on the Interagency Ocean
                    Observation Committee, to oversee daily operations and
                    coordination of the System;
                        (B) implement policies, protocols, and standards
                    approved by the Council and delegated by the Interagency
                    Ocean Observing Committee;
                        (C) <<NOTE: Guidelines. Certification.>>  promulgate
                    program guidelines to certify and integrate non-Federal
                    assets, including regional information coordination
                    entities, into the System to provide regional coastal
                    and ocean observation data that meet the needs of user
                    groups from the respective regions;
                        (D) <<NOTE: Contracts. Grants.>>  have the authority
                    to enter into and oversee contracts, leases, grants or
                    cooperative agreements with non-Federal assets,
                    including regional information coordination entities, to
                    support the purposes of this subtitle on such terms as
                    the Administrator deems appropriate;
                        (E) implement a merit-based, competitive funding
                    process to support non-Federal assets, including the
                    development and maintenance of a network of regional
                    information coordination entities, and develop and
                    implement a process for the periodic review and
                    evaluation of

    [[Page 123 STAT. 1432]]

                    all non-Federal assets, including regional information
                    coordination entities;
                        (F) provide opportunities for competitive contracts
                    and grants for demonstration projects to design,
                    develop, integrate, deploy, and support components of
                    the System;
                        (G) establish efficient and effective administrative
                    procedures for allocation of funds among contractors,
                    grantees, and non-Federal assets, including regional
                    information coordination entities in a timely manner,
                    and contingent on appropriations according to the budget
                    adopted by the Council;
                        (H) develop and implement a process for the periodic
                    review and evaluation of regional information
                    coordination entities;
                        (I) formulate an annual process by which gaps in
                    observation coverage or needs for capital improvements
                    of Federal assets and non-Federal assets of the System
                    are identified by the regional information coordination
                    entities, the Administrator, or other members of the
                    System and transmitted to the Interagency Ocean
                    Observing Committee;
                        (J) develop and be responsible for a data management
                    and communication system, in accordance with standards
                    and protocols established by the Council, by which all
                    data collected by the System regarding ocean and coastal
                    waters of the United States including the Great Lakes,
                    are processed, stored, integrated, and made available to
                    all end-user communities;
                        (K) <<NOTE: Public information.>>  implement a
                    program of public education and outreach to improve
                    public awareness of global climate change and effects on
                    the ocean, coastal, and Great Lakes environment;
                        (L) <<NOTE: Reports. Deadline.>>  report annually to
                    the Interagency Ocean Observing Committee on the
                    accomplishments, operational needs, and performance of
                    the System to contribute to the annual and long-term
                    plans developed pursuant to subsection (c)(2)(A)(i); and
                        (M) <<NOTE: Plan.>>  develop a plan to efficiently
                    integrate into the System new, innovative, or emerging
                    technologies that have been demonstrated to be useful to
                    the System and which will fulfill the purposes of this
                    subtitle and the System Plan.
                (4) Regional information coordination entities.--
                        (A) <<NOTE: Certification. Contract. Guidelines.>>
                    In general.--To be certified or established under this
                    subtitle, a regional information coordination entity
                    shall be certified or established by contract or
                    agreement by the Administrator, and shall agree to meet
                    the certification standards and compliance procedure
                    guidelines issued by the Administrator and information
                    needs of user groups in the region while adhering to
                    national standards and shall--
                              (i) demonstrate an organizational structure
                          capable of gathering required System observation
                          data, supporting and integrating all aspects of
                          coastal and ocean observing and information
                          programs within a region and that reflects the
                          needs of State and local governments, commercial
                          interests, and other users

    [[Page 123 STAT. 1433]]

                          and beneficiaries of the System and other
                          requirements specified under this subtitle and the
                          System Plan;
                              (ii) identify gaps in observation coverage
                          needs for capital improvements of Federal assets
                          and non-Federal assets of the System, or other
                          recommendations to assist in the development of
                          the annual and long-term plans created pursuant to
                          subsection (c)(2)(A)(i) and transmit such
                          information to the Interagency Ocean Observing
                          Committee via the Program Office;
                              (iii) develop and operate under a strategic
                          operational plan that will ensure the efficient
                          and effective administration of programs and
                          assets to support daily data observations for
                          integration into the System, pursuant to the
                          standards approved by the Council;
                              (iv) work cooperatively with governmental and
                          non-governmental entities at all levels to
                          identify and provide information products of the
                          System for multiple users within the service area
                          of the regional information coordination entities;
                          and
                              (v) comply with all financial oversight
                          requirements established by the Administrator,
                          including requirements relating to audits.
                        (B) Participation.--For the purposes of this
                    subtitle, employees of Federal agencies may participate
                    in the functions of the regional information
                    coordination entities.

        (d) System Advisory Committee.--
                (1) <<NOTE: Establishment.>>  In general.--The Administrator
            shall establish or designate a System advisory committee, which
            shall provide advice as may be requested by the Administrator or
            the Interagency Ocean Observing Committee.
                (2) Purpose.--The purpose of the System advisory committee
            is to advise the Administrator and the Interagency Ocean
            Observing Committee on--
                        (A) administration, operation, management, and
                    maintenance of the System, including integration of
                    Federal and non-Federal assets and data management and
                    communication aspects of the System, and fulfillment of
                    the purposes set forth in section 12302;
                        (B) expansion and periodic modernization and upgrade
                    of technology components of the System;
                        (C) identification of end-user communities, their
                    needs for information provided by the System, and the
                    System's effectiveness in disseminating information to
                    end-user communities and the general public; and
                        (D) any other purpose identified by the
                    Administrator or the Interagency Ocean Observing
                    Committee.
                (3) Members.--
                        (A) In general.--The System advisory committee shall
                    be composed of members appointed by the Administrator.
                    Members shall be qualified by education, training, and
                    experience to evaluate scientific and technical
                    information related to the design, operation,
                    maintenance, or use of the System, or use of data
                    products provided through the System.
                        (B) Terms of service.--Members shall be appointed
                    for 3-year terms, renewable once. A vacancy appointment

    [[Page 123 STAT. 1434]]

                    shall be for the remainder of the unexpired term of the
                    vacancy, and an individual so appointed may subsequently
                    be appointed for 2 full 3-year terms if the remainder of
                    the unexpired term is less than 1 year.
                        (C) Chairperson.--The Administrator shall designate
                    a chairperson from among the members of the System
                    advisory committee.
                        (D) Appointment.--Members of the System advisory
                    committee shall be appointed as special Government
                    employees for purposes of section 202(a) of title 18,
                    United States Code.
                (4) Administrative provisions.--
                        (A) Reporting.--The System advisory committee shall
                    report to the Administrator and the Interagency Ocean
                    Observing Committee, as appropriate.
                        (B) Administrative support.--The Administrator shall
                    provide administrative support to the System advisory
                    committee.
                        (C) Meetings.--The System advisory committee shall
                    meet at least once each year, and at other times at the
                    call of the Administrator, the Interagency Ocean
                    Observing Committee, or the chairperson.
                        (D) Compensation and expenses.--Members of the
                    System advisory committee shall not be compensated for
                    service on that Committee, but may be allowed travel
                    expenses, including per diem in lieu of subsistence, in
                    accordance with subchapter I of chapter 57 of title 5,
                    United States Code.
                        (E) Expiration.--Section 14 of the Federal Advisory
                    Committee Act (5 U.S.C. App.) shall not apply to the
                    System advisory committee.

        (e) Civil Liability.--For purposes of determining liability arising
    from the dissemination and use of observation data gathered pursuant to
    this section, any non-Federal asset or regional information coordination
    entity incorporated into the System by contract, lease, grant, or
    cooperative agreement under subsection (c)(3)(D) that is participating
    in the System shall be considered to be part of the National Oceanic and
    Atmospheric Administration. Any employee of such a non-Federal asset or
    regional information coordination entity, while operating within the
    scope of his or her employment in carrying out the purposes of this
    subtitle, with respect to tort liability, is deemed to be an employee of
    the Federal Government.
        (f) Limitation.--Nothing in this subtitle shall be construed to
    invalidate existing certifications, contracts, or agreements between
    regional information coordination entities and other elements of the
    System.
    SEC. 12305. <<NOTE: 33 USC 3604.>>  INTERAGENCY FINANCING AND
                                AGREEMENTS.

        (a) In General.--To carry out interagency activities under this
    subtitle, the Secretary of Commerce may execute cooperative agreements,
    or any other agreements, with, and receive and expend funds made
    available by, any State or subdivision thereof, any Federal agency, or
    any public or private organization, or individual.
        (b) Reciprocity.--Member Departments and agencies of the Council
    shall have the authority to create, support, and maintain joint centers,
    and to enter into and perform such contracts, leases,

    [[Page 123 STAT. 1435]]

    grants, and cooperative agreements as may be necessary to carry out the
    purposes of this subtitle and fulfillment of the System Plan.
    SEC. 12306. <<NOTE: 33 USC 3605.>>  APPLICATION WITH OTHER LAWS.

        Nothing in this subtitle supersedes or limits the authority of any
    agency to carry out its responsibilities and missions under other laws.
    SEC. 12307. <<NOTE: 33 USC 3606.>>  REPORT TO CONGRESS.

        (a) <<NOTE: President.>>  Requirement.--Not later than 2 years after
    the date of the enactment of this Act and every 2 years thereafter, the
    Administrator shall prepare and the President acting through the Council
    shall approve and transmit to the Congress a report on progress made in
    implementing this subtitle.

        (b) Contents.--The report shall include--
                (1) a description of activities carried out under this
            subtitle and the System Plan;
                (2) an evaluation of the effectiveness of the System,
            including an evaluation of progress made by the Council to
            achieve the goals identified under the System Plan;
                (3) identification of Federal and non-Federal assets as
            determined by the Council that have been integrated into the
            System, including assets essential to the gathering of required
            observation data variables necessary to meet the respective
            missions of Council agencies;
                (4) a review of procurements, planned or initiated, by each
            Council agency to enhance, expand, or modernize the observation
            capabilities and data products provided by the System, including
            data management and communication subsystems;
                (5) an assessment regarding activities to integrate Federal
            and non-Federal assets, nationally and on the regional level,
            and discussion of the performance and effectiveness of regional
            information coordination entities to coordinate regional
            observation operations;
                (6) a description of benefits of the program to users of
            data products resulting from the System (including the general
            public, industries, scientists, resource managers, emergency
            responders, policy makers, and educators);
                (7) recommendations concerning--
                        (A) modifications to the System; and
                        (B) funding levels for the System in subsequent
                    fiscal years; and
                (8) the results of a periodic external independent
            programmatic audit of the System.
    SEC. 12308. <<NOTE: 33 USC 3607.>>  PUBLIC-PRIVATE USE POLICY.

        The <<NOTE: Deadline.>>  Council shall develop a policy within 6
    months after the date of the enactment of this Act that defines
    processes for making decisions about the roles of the Federal
    Government, the States, regional information coordination entities, the
    academic community, and the private sector in providing to end-user
    communities environmental information, products, technologies, and
    services related to the System. <<NOTE: Federal
    Register, publication. Public comment. Time period.>>  The Council shall
    publish the policy in the Federal Register for public comment for a
    period not less than 60 days. Nothing in this section shall be construed
    to require changes in policy in effect on the date of enactment of this
    Act.

    [[Page 123 STAT. 1436]]

    SEC. 12309. <<NOTE: 33 USC 3608.>>  INDEPENDENT COST ESTIMATE.

        Within <<NOTE: Deadline.>>  1 year after the date of enactment of
    this Act, the Interagency Ocean Observation Committee, through the
    Administrator and the Director of the National Science Foundation, shall
    obtain an independent cost estimate for operations and maintenance of
    existing Federal assets of the System, and planned or anticipated
    acquisition, operation, and maintenance of new Federal assets for the
    System, including operation facilities, observation equipment, modeling
    and software, data management and communication, and other essential
    components. The independent cost estimate shall be transmitted
    unabridged and without revision by the Administrator to Congress.
    SEC. 12310. <<NOTE: 33 USC 3609.>>  INTENT OF CONGRESS.

        It is the intent of Congress that funding provided to agencies of
    the Council to implement this subtitle shall supplement, and not
    replace, existing sources of funding for other programs. It is the
    further intent of Congress that agencies of the Council shall not enter
    into contracts or agreements for the development or procurement of new
    Federal assets for the System that are estimated to be in excess of
    $250,000,000 in life-cycle costs without first providing adequate notice
    to Congress and opportunity for review and comment.
    SEC. 12311. <<NOTE: 33 USC 3610.>>  AUTHORIZATION OF
                                APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary of Commerce
    for fiscal years 2009 through 2013 such sums as are necessary to fulfill
    the purposes of this subtitle and support activities identified in the
    annual coordinated System budget developed by the Interagency Ocean
    Observation Committee and submitted to the Congress.

      Subtitle <<NOTE: Federal Ocean Acidification Research and Monitoring
     Act of 2009.>>  D--Federal Ocean Acidification Research and Monitoring
    Act of 2009
    SEC. 12401. <<NOTE: 33 USC 3701 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Federal Ocean Acidification
    Research And Monitoring Act of 2009'' or the ``FOARAM Act''.
    SEC. 12402. <<NOTE: 33 USC 3701.>>  PURPOSES.

        (a) Purposes.--The purposes of this subtitle are to provide for--
                (1) development and coordination of a comprehensive
            interagency plan to--
                        (A) monitor and conduct research on the processes
                    and consequences of ocean acidification on marine
                    organisms and ecosystems; and
                        (B) establish an interagency research and monitoring
                    program on ocean acidification;
                (2) establishment of an ocean acidification program within
            the National Oceanic and Atmospheric Administration;
                (3) assessment and consideration of regional and national
            ecosystem and socioeconomic impacts of increased ocean
            acidification; and

    [[Page 123 STAT. 1437]]

                (4) research adaptation strategies and techniques for
            effectively conserving marine ecosystems as they cope with
            increased ocean acidification.
    SEC. 12403. <<NOTE: 33 USC 3702.>>  DEFINITIONS.

        In this subtitle:
                (1) Ocean acidification.--The term ``ocean acidification''
            means the decrease in pH of the Earth's oceans and changes in
            ocean chemistry caused by chemical inputs from the atmosphere,
            including carbon dioxide.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of Commerce, acting through the Administrator of the National
            Oceanic and Atmospheric Administration.
                (3) Subcommittee.--The term ``Subcommittee'' means the Joint
            Subcommittee on Ocean Science and Technology of the National
            Science and Technology Council.
    SEC. 12404. <<NOTE: 33 USC 3703.>>  INTERAGENCY SUBCOMMITTEE.

        (a) Designation.--
                (1) In general.--The Joint Subcommittee on Ocean Science and
            Technology of the National Science and Technology Council shall
            coordinate Federal activities on ocean acidification and
            establish an interagency working group.
                (2) Membership.--The interagency working group on ocean
            acidification shall be comprised of senior representatives from
            the National Oceanic and Atmospheric Administration, the
            National Science Foundation, the National Aeronautics and Space
            Administration, the United States Geological Survey, the United
            States Fish and Wildlife Service, and such other Federal
            agencies as appropriate.
                (3) Chairman.--The interagency working group shall be
            chaired by the representative from the National Oceanic and
            Atmospheric Administration.

        (b) Duties.--The Subcommittee shall--
                (1) develop the strategic research and monitoring plan to
            guide Federal research on ocean acidification required under
            section 12405 of this subtitle and oversee the implementation of
            the plan;
                (2) oversee the development of--
                        (A) an assessment of the potential impacts of ocean
                    acidification on marine organisms and marine ecosystems;
                    and
                        (B) adaptation and mitigation strategies to conserve
                    marine organisms and ecosystems exposed to ocean
                    acidification;
                (3) facilitate communication and outreach opportunities with
            nongovernmental organizations and members of the stakeholder
            community with interests in marine resources;
                (4) coordinate the United States Federal research and
            monitoring program with research and monitoring programs and
            scientists from other nations; and
                (5) establish or designate an Ocean Acidification
            Information Exchange to make information on ocean acidification
            developed through or utilized by the interagency ocean
            acidification program accessible through electronic means,
            including information which would be useful to policymakers,
            researchers, and other stakeholders in mitigating or adapting to
            the impacts of ocean acidification.

    [[Page 123 STAT. 1438]]

        (c) Reports to Congress.--
                (1) Initial report.--Not later than 1 year after the date of
            enactment of this Act, the Subcommittee shall transmit a report
            to the Committee on Commerce, Science, and Transportation of the
            Senate and the Committee on Science and Technology and the
            Committee on Natural Resources of the House of Representatives
            that--
                        (A) includes a summary of federally funded ocean
                    acidification research and monitoring activities,
                    including the budget for each of these activities; and
                        (B) describes the progress in developing the plan
                    required under section 12405 of this subtitle.
                (2) Biennial report.--Not later than 2 years after the
            delivery of the initial report under paragraph (1) and every 2
            years thereafter, the Subcommittee shall transmit a report to
            the Committee on Commerce, Science, and Transportation of the
            Senate and the Committee on Science and Technology and the
            Committee on Natural Resources of the House of Representatives
            that includes--
                        (A) a summary of federally funded ocean
                    acidification research and monitoring activities,
                    including the budget for each of these activities; and
                        (B) an analysis of the progress made toward
                    achieving the goals and priorities for the interagency
                    research plan developed by the Subcommittee under
                    section 12405.
                (3) Strategic research plan.--Not later than 2 years after
            the date of enactment of this Act, the Subcommittee shall
            transmit the strategic research plan developed under section
            12405 to the Committee on Commerce, Science, and Transportation
            of the Senate and the Committee on Science and Technology and
            the Committee on Natural Resources of the House of
            Representatives. A revised plan shall be submitted at least once
            every 5 years thereafter.
    SEC. 12405. <<NOTE: 33 USC 3704.>>  STRATEGIC RESEARCH PLAN.

        (a) <<NOTE: Deadline.>>  In General.--Not later than 2 years after
    the date of enactment of this Act, the Subcommittee shall develop a
    strategic plan for Federal research and monitoring on ocean
    acidification that will provide for an assessment of the impacts of
    ocean acidification on marine organisms and marine ecosystems and the
    development of adaptation and mitigation strategies to conserve marine
    organisms and marine ecosystems. In developing the plan, the
    Subcommittee shall consider and use information, reports, and studies of
    ocean acidification that have identified research and monitoring needed
    to better understand ocean acidification and its potential impacts, and
    recommendations made by the National Academy of Sciences in the review
    of the plan required under subsection (d).

        (b) Contents of the Plan.--The plan shall--
                (1) provide for interdisciplinary research among the ocean
            sciences, and coordinated research and activities to improve the
            understanding of ocean chemistry that will affect marine
            ecosystems;
                (2) establish, for the 10-year period beginning in the year
            the plan is submitted, the goals and priorities for Federal
            research and monitoring which will--

    [[Page 123 STAT. 1439]]

                        (A) advance understanding of ocean acidification and
                    its physical, chemical, and biological impacts on marine
                    organisms and marine ecosystems;
                        (B) improve the ability to assess the socioeconomic
                    impacts of ocean acidification; and
                        (C) provide information for the development of
                    adaptation and mitigation strategies to conserve marine
                    organisms and marine ecosystems;
                (3) describe specific activities, including--
                        (A) efforts to determine user needs;
                        (B) research activities;
                        (C) monitoring activities;
                        (D) technology and methods development;
                        (E) data collection;
                        (F) database development;
                        (G) modeling activities;
                        (H) assessment of ocean acidification impacts; and
                        (I) participation in international research efforts;
                (4) identify relevant programs and activities of the Federal
            agencies that contribute to the interagency program directly and
            indirectly and set forth the role of each Federal agency in
            implementing the plan;
                (5) consider and utilize, as appropriate, reports and
            studies conducted by Federal agencies, the National Research
            Council, or other entities;
                (6) make recommendations for the coordination of the ocean
            acidification research and monitoring activities of the United
            States with such activities of other nations and international
            organizations;
                (7) outline budget requirements for Federal ocean
            acidification research and monitoring and assessment activities
            to be conducted by each agency under the plan;
                (8) identify the monitoring systems and sampling programs
            currently employed in collecting data relevant to ocean
            acidification and prioritize additional monitoring systems that
            may be needed to ensure adequate data collection and monitoring
            of ocean acidification and its impacts; and
                (9) describe specific activities designed to facilitate
            outreach and data and information exchange with stakeholder
            communities.

        (c) Program Elements.--The plan shall include at a minimum the
    following program elements:
                (1) Monitoring of ocean chemistry and biological impacts
            associated with ocean acidification at selected coastal and
            open-ocean monitoring stations, including satellite-based
            monitoring to characterize--
                        (A) marine ecosystems;
                        (B) changes in marine productivity; and
                        (C) changes in surface ocean chemistry.
                (2) Research to understand the species specific
            physiological responses of marine organisms to ocean
            acidification, impacts on marine food webs of ocean
            acidification, and to develop environmental and ecological
            indices that track marine ecosystem responses to ocean
            acidification.
                (3) Modeling to predict changes in the ocean carbon cycle as
            a function of carbon dioxide and atmosphere-induced changes in
            temperature, ocean circulation, biogeochemistry, ecosystem

    [[Page 123 STAT. 1440]]

            and terrestrial input, and modeling to determine impacts on
            marine ecosystems and individual marine organisms.
                (4) Technology development and standardization of carbonate
            chemistry measurements on moorings and autonomous floats.
                (5) Assessment of socioeconomic impacts of ocean
            acidification and development of adaptation and mitigation
            strategies to conserve marine organisms and marine ecosystems.

        (d) <<NOTE: Contracts.>>  National Academy of Sciences Evaluation.--
    The Secretary shall enter into an agreement with the National Academy of
    Sciences to review the plan.

        (e) Public Participation.--In developing the plan, the Subcommittee
    shall consult with representatives of academic, State, industry and
    environmental groups. <<NOTE: Deadline. Federal
    Register, publication.>>  Not later than 90 days before the plan, or any
    revision thereof, is submitted to the Congress, the plan shall be
    published in the Federal Register for a public comment period of not
    less than 60 days.
    SEC. 12406. <<NOTE: 33 USC 3705.>>  NOAA OCEAN ACIDIFICATION
                                ACTIVITIES.

        (a) In General.--The Secretary shall establish and maintain an ocean
    acidification program within the National Oceanic and Atmospheric
    Administration to conduct research, monitoring, and other activities
    consistent with the strategic research and implementation plan developed
    by the Subcommittee under section 12405 that--
                (1) includes--
                        (A) interdisciplinary research among the ocean and
                    atmospheric sciences, and coordinated research and
                    activities to improve understanding of ocean
                    acidification;
                        (B) the establishment of a long-term monitoring
                    program of ocean acidification utilizing existing global
                    and national ocean observing assets, and adding
                    instrumentation and sampling stations as appropriate to
                    the aims of the research program;
                        (C) research to identify and develop adaptation
                    strategies and techniques for effectively conserving
                    marine ecosystems as they cope with increased ocean
                    acidification;
                        (D) as an integral part of the research programs
                    described in this subtitle, educational opportunities
                    that encourage an interdisciplinary and international
                    approach to exploring the impacts of ocean
                    acidification;
                        (E) as an integral part of the research programs
                    described in this subtitle, national public outreach
                    activities to improve the understanding of current
                    scientific knowledge of ocean acidification and its
                    impacts on marine resources; and
                        (F) coordination of ocean acidification monitoring
                    and impacts research with other appropriate
                    international ocean science bodies such as the
                    International Oceanographic Commission, the
                    International Council for the Exploration of the Sea,
                    the North Pacific Marine Science Organization, and
                    others;
                (2) provides grants for critical research projects that
            explore the effects of ocean acidification on ecosystems and the
            socioeconomic impacts of increased ocean acidification that are
            relevant to the goals and priorities of the strategic research
            plan; and

    [[Page 123 STAT. 1441]]

                (3) incorporates a competitive merit-based process for
            awarding grants that may be conducted jointly with other
            participating agencies or under the National Oceanographic
            Partnership Program under section 7901 of title 10, United
            States Code.

        (b) Additional Authority.--In conducting the Program, the Secretary
    may enter into and perform such contracts, leases, grants, or
    cooperative agreements as may be necessary to carry out the purposes of
    this subtitle on such terms as the Secretary considers appropriate.
    SEC. 12407. <<NOTE: 33 USC 3706.>>  NSF OCEAN ACIDIFICATION
                                ACTIVITIES.

        (a) Research Activities.--The Director of the National Science
    Foundation shall continue to carry out research activities on ocean
    acidification which shall support competitive, merit-based, peer-
    reviewed proposals for research and monitoring of ocean acidification
    and its impacts, including--
                (1) impacts on marine organisms and marine ecosystems;
                (2) impacts on ocean, coastal, and estuarine
            biogeochemistry; and
                (3) the development of methodologies and technologies to
            evaluate ocean acidification and its impacts.

        (b) Consistency.--The research activities shall be consistent with
    the strategic research plan developed by the Subcommittee under section
    12405.
        (c) Coordination.--The Director shall encourage coordination of the
    Foundation's ocean acidification activities with such activities of
    other nations and international organizations.
    SEC. 12408. <<NOTE: 33 USC 3707.>>  NASA OCEAN ACIDIFICATION
                                ACTIVITIES.

        (a) Ocean Acidification Activities.--The Administrator of the
    National Aeronautics and Space Administration, in coordination with
    other relevant agencies, shall ensure that space-based monitoring assets
    are used in as productive a manner as possible for monitoring of ocean
    acidification and its impacts.
        (b) Program Consistency.--The Administrator shall ensure that the
    Agency's research and monitoring activities on ocean acidification are
    carried out in a manner consistent with the strategic research plan
    developed by the Subcommittee under section 12405.
        (c) Coordination.--The Administrator shall encourage coordination of
    the Agency's ocean acidification activities with such activities of
    other nations and international organizations.
    SEC. 12409. <<NOTE: 33 USC 3708.>>  AUTHORIZATION OF
                                APPROPRIATIONS.

        (a) NOAA.--There are authorized to be appropriated to the National
    Oceanic and Atmospheric Administration to carry out the purposes of this
    subtitle--
                (1) $8,000,000 for fiscal year 2009;
                (2) $12,000,000 for fiscal year 2010;
                (3) $15,000,000 for fiscal year 2011; and
                (4) $20,000,000 for fiscal year 2012.

        (b) NSF.--There are authorized to be appropriated to the National
    Science Foundation to carry out the purposes of this subtitle--
                (1) $6,000,000 for fiscal year 2009;
                (2) $8,000,000 for fiscal year 2010;
                (3) $12,000,000 for fiscal year 2011; and

    [[Page 123 STAT. 1442]]

                (4) $15,000,000 for fiscal year 2012.

    Subtitle <<NOTE: Coastal and Estuarine Land Conservation Program Act.>>
    E--Coastal and Estuarine Land Conservation Program
    SEC. 12501. <<NOTE: 16 USC 1451 note.>>  SHORT TITLE.

        This Act may be cited as the ``Coastal and Estuarine Land
    Conservation Program Act''.
    SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND
                                CONSERVATION PROGRAM.

        The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
    amended by inserting after section 307 the following new section:

     ``authorization of the coastal and estuarine land conservation program

        ``Sec. 307A. <<NOTE: 16 USC 1456-1.>>   (a) In General.--The
    Secretary may conduct a Coastal and Estuarine Land Conservation Program,
    in cooperation with appropriate State, regional, and other units of
    government, for the purposes of protecting important coastal and
    estuarine areas that have significant conservation, recreation,
    ecological, historical, or aesthetic values, or that are threatened by
    conversion from their natural, undeveloped, or recreational state to
    other uses or could be managed or restored to effectively conserve,
    enhance, or restore ecological function. The program shall be
    administered by the National Ocean Service of the National Oceanic and
    Atmospheric Administration through the Office of Ocean and Coastal
    Resource Management.

        ``(b) Property Acquisition Grants.--The Secretary shall make grants
    under the program to coastal states with approved coastal zone
    management plans or National Estuarine Research Reserve units for the
    purpose of acquiring property or interests in property described in
    subsection (a) that will further the goals of--
                ``(1) a Coastal Zone Management Plan or Program approved
            under this title;
                ``(2) a National Estuarine Research Reserve management plan;
                ``(3) a regional or State watershed protection or management
            plan involving coastal states with approved coastal zone
            management programs; or
                ``(4) a State coastal land acquisition plan that is
            consistent with an approved coastal zone management program.

        ``(c) <<NOTE: Guidelines.>>  Grant Process.--The Secretary shall
    allocate funds to coastal states or National Estuarine Research Reserves
    under this section through a competitive grant process in accordance
    with guidelines that meet the following requirements:
                ``(1) The Secretary shall consult with the coastal state's
            coastal zone management program, any National Estuarine Research
            Reserve in that State, and the lead agency designated by the
            Governor for coordinating the implementation of this section (if
            different from the coastal zone management program).
                ``(2) Each participating coastal state, after consultation
            with local governmental entities and other interested
            stakeholders,

    [[Page 123 STAT. 1443]]

            shall identify priority conservation needs within the State, the
            values to be protected by inclusion of lands in the program, and
            the threats to those values that should be avoided.
                ``(3) Each participating coastal state shall to the extent
            practicable ensure that the acquisition of property or easements
            shall complement working waterfront needs.
                ``(4) The applicant shall identify the values to be
            protected by inclusion of the lands in the program, management
            activities that are planned and the manner in which they may
            affect the values identified, and any other information from the
            landowner relevant to administration and management of the land.
                ``(5) Awards shall be based on demonstrated need for
            protection and ability to successfully leverage funds among
            participating entities, including Federal programs, regional
            organizations, State and other governmental units, landowners,
            corporations, or private organizations.
                ``(6) The governor, or the lead agency designated by the
            governor for coordinating the implementation of this section,
            where appropriate in consultation with the appropriate local
            government, shall determine that the application is consistent
            with the State's or territory's approved coastal zone plan,
            program, and policies prior to submittal to the Secretary.
                ``(7)(A) Priority shall be given to lands described in
            subsection (a) that can be effectively managed and protected and
            that have significant ecological value.
                ``(B) Of the projects that meet the standard in subparagraph
            (A), priority shall be given to lands that--
                        ``(i) are under an imminent threat of conversion to
                    a use that will degrade or otherwise diminish their
                    natural, undeveloped, or recreational state; and
                        ``(ii) serve to mitigate the adverse impacts caused
                    by coastal population growth in the coastal environment.
                ``(8) In developing guidelines under this section, the
            Secretary shall consult with coastal states, other Federal
            agencies, and other interested stakeholders with expertise in
            land acquisition and conservation procedures.
                ``(9) Eligible coastal states or National Estuarine Research
            Reserves may allocate grants to local governments or agencies
            eligible for assistance under section 306A(e).
                ``(10) <<NOTE: Performance
            measures. Evaluations. Deadline.>>  The Secretary shall develop
            performance measures that the Secretary shall use to evaluate
            and report on the program's effectiveness in accomplishing its
            purposes, and shall submit such evaluations to Congress
            triennially.

        ``(d) Limitations and Private Property Protections.--
                ``(1) A grant awarded under this section may be used to
            purchase land or an interest in land, including an easement,
            only from a willing seller. Any such purchase shall not be the
            result of a forced taking under this section. Nothing in this
            section requires a private property owner to participate in the
            program under this section.
                ``(2) Any interest in land, including any easement, acquired
            with a grant under this section shall not be considered to
            create any new liability, or have any effect on liability under
            any other law, of any private property owner with respect to any
            person injured on the private property.
                ``(3) Nothing in this section requires a private property
            owner to provide access (including Federal, State, or local

    [[Page 123 STAT. 1444]]

            government access) to or use of private property unless such
            property or an interest in such property (including a
            conservation easement) has been purchased with funds made
            available under this section.

        ``(e) Recognition of Authority to Control Land Use.--Nothing in this
    title modifies the authority of Federal, State, or local governments to
    regulate land use.
        ``(f) Matching Requirements.--
                ``(1) In general.--The Secretary may not make a grant under
            the program unless the Federal funds are matched by non-Federal
            funds in accordance with this subsection.
                ``(2) Cost share requirement.--
                        ``(A) In general.--Grant funds under the program
                    shall require a 100 percent match from other non-Federal
                    sources.
                        ``(B) Waiver of requirement.--The Secretary may
                    grant a waiver of subparagraph (A) for underserved
                    communities, communities that have an inability to draw
                    on other sources of funding because of the small
                    population or low income of the community, or for other
                    reasons the Secretary deems appropriate and consistent
                    with the purposes of the program.
                ``(3) Other federal funds.--Where financial assistance
            awarded under this section represents only a portion of the
            total cost of a project, funding from other Federal sources may
            be applied to the cost of the project. Each portion shall be
            subject to match requirements under the applicable provision of
            law.
                ``(4) Source of matching cost share.--For purposes of
            paragraph (2)(A), the non-Federal cost share for a project may
            be determined by taking into account the following:
                        ``(A) <<NOTE: Determination.>>  The value of land or
                    a conservation easement may be used by a project
                    applicant as non-Federal match, if the Secretary
                    determines that--
                              ``(i) <<NOTE: Time period.>>  the land meets
                          the criteria set forth in section 2(b) and is
                          acquired in the period beginning 3 years before
                          the date of the submission of the grant
                          application and ending 3 years after the date of
                          the award of the grant;
                              ``(ii) the value of the land or easement is
                          held by a non-governmental organization included
                          in the grant application in perpetuity for
                          conservation purposes of the program; and
                              ``(iii) the land or easement is connected
                          either physically or through a conservation
                          planning process to the land or easement that
                          would be acquired.
                        ``(B) The appraised value of the land or
                    conservation easement at the time of the grant closing
                    will be considered and applied as the non-Federal cost
                    share.
                        ``(C) Costs associated with land acquisition, land
                    management planning, remediation, restoration, and
                    enhancement may be used as non- Federal match if the
                    activities are identified in the plan and expenses are
                    incurred within the period of the grant award, or, for
                    lands described in (A), within the same time limits
                    described therein. These costs may include either cash
                    or in-kind contributions.

    [[Page 123 STAT. 1445]]

        ``(g) Reservation of Funds for National Estuarine Research Reserve
    Sites.--No less than 15 percent of funds made available under this
    section shall be available for acquisitions benefitting National
    Estuarine Research Reserves.
        ``(h) Limit on Administrative Costs.--No more than 5 percent of the
    funds made available to the Secretary under this section shall be used
    by the Secretary for planning or administration of the
    program. <<NOTE: Reports. Deadline.>>  The Secretary shall provide a
    report to Congress with an account of all expenditures under this
    section for fiscal year 2009 and triennially thereafter.

        ``(i) Title and Management of Acquired Property.--If any property is
    acquired in whole or in part with funds made available through a grant
    under this section, the grant recipient shall provide--
                ``(1) such assurances as the Secretary may require that--
                        ``(A) the title to the property will be held by the
                    grant recipient or another appropriate public agency
                    designated by the recipient in perpetuity;
                        ``(B) the property will be managed in a manner that
                    is consistent with the purposes for which the land
                    entered into the program and shall not convert such
                    property to other uses; and
                        ``(C) if the property or interest in land is sold,
                    exchanged, or divested, funds equal to the current value
                    will be returned to the Secretary in accordance with
                    applicable Federal law for redistribution in the grant
                    process; and
                ``(2) <<NOTE: Certification.>>  certification that the
            property (including any interest in land) will be acquired from
            a willing seller.

        ``(j) Requirement for Property Used for Non-Federal Match.--If the
    grant recipient elects to use any land or interest in land held by a
    non-governmental organization as a non-Federal match under subsection
    (g), the grant recipient must to the Secretary's satisfaction
    demonstrate in the grant application that such land or interest will
    satisfy the same requirements as the lands or interests in lands
    acquired under the program.
        ``(k) Definitions.--In this section:
                ``(1) Conservation easement.--The term `conservation
            easement' includes an easement or restriction, recorded deed, or
            a reserve interest deed where the grantee acquires all rights,
            title, and interest in a property, that do not conflict with the
            goals of this section except those rights, title, and interests
            that may run with the land that are expressly reserved by a
            grantor and are agreed to at the time of purchase.
                ``(2) Interest in property.--The term `interest in property'
            includes a conservation easement.

        ``(l) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section $60,000,000 for
    each of fiscal years 2009 through 2013.''.

    [[Page 123 STAT. 1446]]

                            TITLE XIII--MISCELLANEOUS

    SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA TRUST
                                FUNDS.

        (a) North Dakota Trust Funds.--The Act of February 22, 1889 (25
    Stat. 676, chapter 180), is amended by adding at the end the following:
    ``SEC. 26. NORTH DAKOTA TRUST FUNDS.

        ``(a) Disposition.--Notwithstanding section 11, the State of North
    Dakota shall, with respect to any trust fund in which proceeds from the
    sale of public land are deposited under this Act (referred to in this
    section as the `trust fund')--
                ``(1) deposit all revenues earned by a trust fund into the
            trust fund;
                ``(2) deduct the costs of administering a trust fund from
            each trust fund; and
                ``(3) manage each trust fund to--
                        ``(A) preserve the purchasing power of the trust
                    fund; and
                        ``(B) maintain stable distributions to trust fund
                    beneficiaries.

        ``(b) Distributions.--Notwithstanding section 11, any distributions
    from trust funds in the State of North Dakota shall be made in
    accordance with section 2 of article IX of the Constitution of the State
    of North Dakota.
        ``(c) Management of Proceeds.--Notwithstanding section 13, the State
    of North Dakota shall manage the proceeds referred to in that section in
    accordance with subsections (a) and (b).
        ``(d) Management of Land and Proceeds.--Notwithstanding sections 14
    and 16, the State of North Dakota shall manage the land granted under
    that section, including any proceeds from the land, and make
    distributions in accordance with subsections (a) and (b).''.
        (b) Management and Distribution of Morrill Act Grants.--The Act of
    July 2, 1862 (commonly known as the ``First Morrill Act'') (7 U.S.C. 301
    et seq.), is amended by adding at the end the following:
    ``SEC. 9. <<NOTE: 7 USC 309.>>  LAND GRANTS IN THE STATE OF NORTH
                        DAKOTA.

        ``(a) Expenses.--Notwithstanding section 3, the State of North
    Dakota shall manage the land granted to the State under the first
    section, including any proceeds from the land, in accordance with this
    section.
        ``(b) Disposition of Proceeds.--Notwithstanding section 4, the State
    of North Dakota shall, with respect to any trust fund in which proceeds
    from the sale of land under this Act are deposited (referred to in this
    section as the `trust fund')--
                ``(1) deposit all revenues earned by a trust fund into the
            trust fund;
                ``(2) deduct the costs of administering a trust fund from
            each trust fund; and
                ``(3) manage each trust fund to--
                        ``(A) preserve the purchasing power of the trust
                    fund; and
                        ``(B) maintain stable distributions to trust fund
                    beneficiaries.

    [[Page 123 STAT. 1447]]

        ``(c) Distributions.--Notwithstanding section 4, any distributions
    from trust funds in the State of North Dakota shall be made in
    accordance with section 2 of article IX of the Constitution of the State
    of North Dakota.
        ``(d) Management.--Notwithstanding section 5, the State of North
    Dakota shall manage the land granted under the first section, including
    any proceeds from the land, in accordance with this section.''.
        (c) <<NOTE: Effective date.>>  Consent of Congress.--Effective July
    1, 2009, Congress consents to the amendments to the Constitution of
    North Dakota proposed by House Concurrent Resolution No. 3037 of the
    59th Legislature of the State of North Dakota entitled ``A concurrent
    resolution for the amendment of sections 1 and 2 of article IX of the
    Constitution of North Dakota, relating to distributions from and the
    management of the common schools trust fund and the trust funds of other
    educational or charitable institutions; and to provide a contingent
    effective date'' and approved by the voters of the State of North Dakota
    on November 7, 2006.
    SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORATION AND IRRIGATION
                                MITIGATION ACT OF 2000.

        (a) Priority Projects.--Section 3(c)(3) of the Fisheries Restoration
    and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law
    106-502) is amended by striking ``$5,000,000'' and inserting
    ``$2,500,000''.
        (b) Cost Sharing.--Section 7(c) of Fisheries Restoration and
    Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-
    502) is amended--
                (1) by striking ``The value'' and inserting the following:
                ``(1) In general.--The value''; and
                (2) by adding at the end the following:
                ``(2) Bonneville power administration.--
                        ``(A) In general.--The Secretary may, without
                    further appropriation and without fiscal year
                    limitation, accept any amounts provided to the Secretary
                    by the Administrator of the Bonneville Power
                    Administration.
                        ``(B) Non-federal share.--Any amounts provided by
                    the Bonneville Power Administration directly or through
                    a grant to another entity for a project carried under
                    the Program shall be credited toward the non-Federal
                    share of the costs of the project.''.

        (c) Report.--Section 9 of the Fisheries Restoration and Irrigation
    Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is
    amended--
                (1) by inserting ``any'' before ``amounts are made''; and
                (2) by inserting after ``Secretary shall'' the following:
            ``, after partnering with local governmental entities and the
            States in the Pacific Ocean drainage area,''.

        (d) Authorization of Appropriations.--Section 10 of the Fisheries
    Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
    Public Law 106-502) is amended--
                (1) in subsection (a), by striking ``2001 through 2005'' and
            inserting ``2009 through 2015''; and
                (2) in subsection (b), by striking paragraph (2) and
            inserting the following:
                ``(2) Administrative expenses.--

    [[Page 123 STAT. 1448]]

                        ``(A) Definition of administrative expense.--In this
                    paragraph, the term `administrative expense' means,
                    except as provided in subparagraph (B)(iii)(II), any
                    expenditure relating to--
                              ``(i) staffing and overhead, such as the
                          rental of office space and the acquisition of
                          office equipment; and
                              ``(ii) the review, processing, and provision
                          of applications for funding under the Program.
                        ``(B) Limitation.--
                              ``(i) In general.--Not more than 6 percent of
                          amounts made available to carry out this Act for
                          each fiscal year may be used for Federal and State
                          administrative expenses of carrying out this Act.
                              ``(ii) Federal and state shares.--To the
                          maximum extent practicable, of the amounts made
                          available for administrative expenses under clause
                          (i)--
                                        ``(I) 50 percent shall be provided
                                    to the State agencies provided
                                    assistance under the Program; and
                                        ``(II) an amount equal to the cost
                                    of 1 full-time equivalent Federal
                                    employee, as determined by the
                                    Secretary, shall be provided to the
                                    Federal agency carrying out the Program.
                              ``(iii) State expenses.--Amounts made
                          available to States for administrative expenses
                          under clause (i)--
                                        ``(I) shall be divided evenly among
                                    all States provided assistance under the
                                    Program; and
                                        ``(II) may be used by a State to
                                    provide technical assistance relating to
                                    the program, including any staffing
                                    expenditures (including staff travel
                                    expenses) associated with--
                                                ``(aa) arranging meetings to
                                            promote the Program to potential
                                            applicants;
                                                ``(bb) assisting applicants
                                            with the preparation of
                                            applications for funding under
                                            the Program; and
                                                ``(cc) visiting construction
                                            sites to provide technical
                                            assistance, if requested by the
                                            applicant.''.
    SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE ACT.

        Section 107(a) of the Alaska Natural Gas Pipeline Act (15 U.S.C.
    720e(a)) is amended by striking paragraph (3) and inserting the
    following:
                ``(3) the validity of any determination, permit, approval,
            authorization, review, or other related action taken under any
            provision of law relating to a gas transportation project
            constructed and operated in accordance with section 103,
            including--
                        ``(A) subchapter II of chapter 5, and chapter 7, of
                    title 5, United States Code (commonly known as the
                    `Administrative Procedure Act');
                        ``(B) the Endangered Species Act of 1973 (16 U.S.C.
                    1531 et seq.);

    [[Page 123 STAT. 1449]]

                        ``(C) the National Environmental Policy Act of 1969
                    (42 U.S.C. 4321 et seq.);
                        ``(D) the National Historic Preservation Act (16
                    U.S.C. 470 et seq.); and
                        ``(E) the Alaska National Interest Lands
                    Conservation Act (16 U.S.C. 3101 et seq.).''.
    SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT OF
                                ENERGY.

        (a) In General.--Section 203(a) of the Department of Energy
    Organization Act (42 U.S.C. 7133(a)) is amended in the first sentence by
    striking ``7 Assistant Secretaries'' and inserting ``8 Assistant
    Secretaries''.
        (b) Conforming Amendment.--Section 5315 of title 5, United States
    Code, is amended by striking ``Assistant Secretaries of Energy (7)'' and
    inserting ``Assistant Secretaries of Energy (8)''.
    SEC. 13005. <<NOTE: New Mexico.>>  LOVELACE RESPIRATORY RESEARCH
                                INSTITUTE.

        (a) Definitions.--In this section:
                (1) Institute.--The term ``Institute'' means the Lovelace
            Respiratory Research Institute, a nonprofit organization
            chartered under the laws of the State of New Mexico.
                (2) Map.--The term ``map'' means the map entitled ``Lovelace
            Respiratory Research Institute Land Conveyance'' and dated March
            18, 2008.
                (3) Secretary concerned.--The term ``Secretary concerned''
            means--
                        (A) the Secretary of Energy, with respect to matters
                    concerning the Department of Energy;
                        (B) the Secretary of the Interior, with respect to
                    matters concerning the Department of the Interior; and
                        (C) the Secretary of the Air Force, with respect to
                    matters concerning the Department of the Air Force.
                (4) Secretary of energy.--The term ``Secretary of Energy''
            means the Secretary of Energy, acting through the Administrator
            for the National Nuclear Security Administration.

        (b) Conveyance of Land.--
                (1) In general.--Notwithstanding section 120(h) of the
            Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to valid
            existing rights and this section, the Secretary of Energy, in
            consultation with the Secretary of the Interior and the
            Secretary of the Air Force, may convey to the Institute, on
            behalf of the United States, all right, title, and interest of
            the United States in and to the parcel of land described in
            paragraph (2) for research, scientific, or educational use.
                (2) Description of land.--The parcel of land referred to in
            paragraph (1)--
                        (A) is the approximately 135 acres of land
                    identified as ``Parcel A'' on the map;
                        (B) includes any improvements to the land described
                    in subparagraph (A); and
                        (C) excludes any portion of the utility system and
                    infrastructure reserved by the Secretary of the Air
                    Force under paragraph (4).
                (3) Other federal agencies.--The Secretary of the Interior
            and the Secretary of the Air Force shall complete

    [[Page 123 STAT. 1450]]

            any real property actions, including the revocation of any
            Federal withdrawals of the parcel conveyed under paragraph (1)
            and the parcel described in subsection (c)(1), that are
            necessary to allow the Secretary of Energy to--
                        (A) convey the parcel under paragraph (1); or
                        (B) transfer administrative jurisdiction under
                    subsection (c).
                (4) Reservation of utility infrastructure and access.--The
            Secretary of the Air Force may retain ownership and control of--
                        (A) any portions of the utility system and
                    infrastructure located on the parcel conveyed under
                    paragraph (1); and
                        (B) any rights of access determined to be necessary
                    by the Secretary of the Air Force to operate and
                    maintain the utilities on the parcel.
                (5) Restrictions on use.--
                        (A) Authorized uses.--The Institute shall allow only
                    research, scientific, or educational uses of the parcel
                    conveyed under paragraph (1).
                        (B) Reversion.--
                              (i) In general.--If, at any time, the
                          Secretary of Energy, in consultation with the
                          Secretary of the Air Force, determines, in
                          accordance with clause (ii), that the parcel
                          conveyed under paragraph (1) is not being used for
                          a purpose described in subparagraph (A)--
                                        (I) all right, title, and interest
                                    in and to the entire parcel, or any
                                    portion of the parcel not being used for
                                    the purposes, shall revert, at the
                                    option of the Secretary, to the United
                                    States; and
                                        (II) the United States shall have
                                    the right of immediate entry onto the
                                    parcel.
                              (ii) Requirements for determination.--Any
                          determination of the Secretary under clause (i)
                          shall be made on the record and after an
                          opportunity for a hearing.
                (6) Costs.--
                        (A) In general.--The Secretary of Energy shall
                    require the Institute to pay, or reimburse the Secretary
                    concerned, for any costs incurred by the Secretary
                    concerned in carrying out the conveyance under paragraph
                    (1), including any survey costs related to the
                    conveyance.
                        (B) Refund.--If the Secretary concerned collects
                    amounts under subparagraph (A) from the Institute before
                    the Secretary concerned incurs the actual costs, and the
                    amount collected exceeds the actual costs incurred by
                    the Secretary concerned to carry out the conveyance, the
                    Secretary concerned shall refund to the Institute an
                    amount equal to difference between--
                              (i) the amount collected by the Secretary
                          concerned; and
                              (ii) the actual costs incurred by the
                          Secretary concerned.
                        (C) Deposit in fund.--
                              (i) In general.--Amounts received by the
                          United States under this paragraph as a
                          reimbursement or

    [[Page 123 STAT. 1451]]

                          recovery of costs incurred by the Secretary
                          concerned to carry out the conveyance under
                          paragraph (1) shall be deposited in the fund or
                          account that was used to cover the costs incurred
                          by the Secretary concerned in carrying out the
                          conveyance.
                              (ii) Use.--Any amounts deposited under clause
                          (i) shall be available for the same purposes, and
                          subject to the same conditions and limitations, as
                          any other amounts in the fund or account.
                (7) Contaminated land.--In consideration for the conveyance
            of the parcel under paragraph (1), the Institute shall--
                        (A) take fee title to the parcel and any
                    improvements to the parcel, as contaminated;
                        (B) be responsible for undertaking and completing
                    all environmental remediation required at, in, under,
                    from, or on the parcel for all environmental conditions
                    relating to or arising from the release or threat of
                    release of waste material, substances, or constituents,
                    in the same manner and to the same extent as required by
                    law applicable to privately owned facilities, regardless
                    of the date of the contamination or the responsible
                    party;
                        (C) indemnify the United States for--
                              (i) any environmental remediation or response
                          costs the United States reasonably incurs if the
                          Institute fails to remediate the parcel; or
                              (ii) contamination at, in, under, from, or on
                          the land, for all environmental conditions
                          relating to or arising from the release or threat
                          of release of waste material, substances, or
                          constituents;
                        (D) indemnify, defend, and hold harmless the United
                    States from any damages, costs, expenses, liabilities,
                    fines, penalties, claim, or demand for loss, including
                    claims for property damage, personal injury, or death
                    resulting from releases, discharges, emissions, spills,
                    storage, disposal, or any other acts or omissions by the
                    Institute and any officers, agents, employees,
                    contractors, sublessees, licensees, successors, assigns,
                    or invitees of the Institute arising from activities
                    conducted, on or after October 1, 1996, on the parcel
                    conveyed under paragraph (1); and
                        (E) reimburse the United States for all legal and
                    attorney fees, costs, and expenses incurred in
                    association with the defense of any claims described in
                    subparagraph (D).
                (8) Contingent environmental response obligations.--If the
            Institute does not undertake or complete environmental
            remediation as required by paragraph (7) and the United States
            is required to assume the responsibilities of the remediation,
            the Secretary of Energy shall be responsible for conducting any
            necessary environmental remediation or response actions with
            respect to the parcel conveyed under paragraph (1).
                (9) No additional compensation.--Except as otherwise
            provided in this section, no additional consideration shall be
            required for conveyance of the parcel to the Institute under
            paragraph (1).
                (10) Access and utilities.--On conveyance of the parcel
            under paragraph (1), the Secretary of the Air Force shall, on
            behalf of the United States and subject to any terms and

    [[Page 123 STAT. 1452]]

            conditions as the Secretary determines to be necessary
            (including conditions providing for the reimbursement of costs),
            provide the Institute with--
                        (A) access for employees and invitees of the
                    Institute across Kirtland Air Force Base to the parcel
                    conveyed under that paragraph; and
                        (B) access to utility services for the land and any
                    improvements to the land conveyed under that paragraph.
                (11) Additional term and conditions.--The Secretary of
            Energy, in consultation with the Secretary of the Interior and
            Secretary of the Air Force, may require any additional terms and
            conditions for the conveyance under paragraph (1) that the
            Secretaries determine to be appropriate to protect the interests
            of the United States.

        (c) Transfer of Administrative Jurisdiction.--
                (1) In general.--After the conveyance under subsection
            (b)(1) has been completed, the Secretary of Energy shall, on
            request of the Secretary of the Air Force, transfer to the
            Secretary of the Air Force administrative jurisdiction over the
            parcel of approximately 7 acres of land identified as ``Parcel
            B'' on the map, including any improvements to the parcel.
                (2) Removal of improvements.--In concurrence with the
            transfer under paragraph (1), the Secretary of Energy shall, on
            request of the Secretary of the Air Force, arrange and pay for
            removal of any improvements to the parcel transferred under that
            paragraph.
    SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL TROPICAL
                                BOTANICAL GARDEN.

        Chapter 1535 of title 36, United States Code, is amended by adding
    at the end the following:
    ``Sec. 153514. Authorization of appropriations

        ``(a) In General.--Subject to subsection (b), there is authorized to
    be appropriated to the corporation for operation and maintenance
    expenses $500,000 for each of fiscal years 2008 through 2017.
        ``(b) Limitation.--Any Federal funds made available under subsection
    (a) shall be matched on a 1-to-1 basis by non-Federal funds.''.

        TITLE <<NOTE: Christopher and Dana Reeve Paralysis Act.>>  XIV--
    CHRISTOPHER AND DANA REEVE PARALYSIS ACT
    SEC. 14001. <<NOTE: 42 USC 201 note.>>  SHORT TITLE.

        This title may be cited as the ``Christopher and Dana Reeve
    Paralysis Act''.

                         Subtitle A--Paralysis Research

    SEC. 14101. <<NOTE: 42 USC 284o.>>  ACTIVITIES OF THE NATIONAL
                                INSTITUTES OF HEALTH WITH RESPECT TO
                                RESEARCH ON PARALYSIS.

        (a) Coordination.--The Director of the National Institutes of Health
    (referred to in this title as the ``Director''), pursuant to the general
    authority of the Director, may develop mechanisms to coordinate the
    paralysis research and rehabilitation activities of the Institutes and
    Centers of the National Institutes of Health

    [[Page 123 STAT. 1453]]

    in order to further advance such activities and avoid duplication of
    activities.
        (b) Christopher and Dana Reeve Paralysis Research Consortia.--
                (1) In general.--The Director may make awards of grants to
            public or private entities to pay all or part of the cost of
            planning, establishing, improving, and providing basic operating
            support for consortia in paralysis
            research. <<NOTE: Designation.>>  The Director shall designate
            each consortium funded through such grants as a Christopher and
            Dana Reeve Paralysis Research Consortium.
                (2) Research.--Each consortium under paragraph (1)--
                        (A) may conduct basic, translational, and clinical
                    paralysis research;
                        (B) may focus on advancing treatments and developing
                    therapies in paralysis research;
                        (C) may focus on one or more forms of paralysis that
                    result from central nervous system trauma or stroke;
                        (D) may facilitate and enhance the dissemination of
                    clinical and scientific findings; and
                        (E) may replicate the findings of consortia members
                    or other researchers for scientific and translational
                    purposes.
                (3) Coordination of consortia; reports.--The Director may,
            as appropriate, provide for the coordination of information
            among consortia under paragraph (1) and ensure regular
            communication among members of the consortia, and may require
            the periodic preparation of reports on the activities of the
            consortia and the submission of the reports to the Director.
                (4) Organization of consortia.--Each consortium under
            paragraph (1) may use the facilities of a single lead
            institution, or be formed from several cooperating institutions,
            meeting such requirements as may be prescribed by the Director.

        (c) Public Input.--The Director may provide for a mechanism to
    educate and disseminate information on the existing and planned programs
    and research activities of the National Institutes of Health with
    respect to paralysis and through which the Director can receive comments
    from the public regarding such programs and activities.

             Subtitle B--Paralysis Rehabilitation Research and Care

    SEC. 14201. <<NOTE: 42 USC 284p.>>  ACTIVITIES OF THE NATIONAL
                                INSTITUTES OF HEALTH WITH RESPECT TO
                                RESEARCH WITH IMPLICATIONS FOR
                                ENHANCING DAILY FUNCTION FOR PERSONS
                                WITH PARALYSIS.

        (a) In General.--The Director, pursuant to the general authority of
    the Director, may make awards of grants to public or private entities to
    pay all or part of the costs of planning, establishing, improving, and
    providing basic operating support to multicenter networks of clinical
    sites that will collaborate to design clinical rehabilitation
    intervention protocols and measures of outcomes on one or more forms of
    paralysis that result from central nervous system trauma, disorders, or
    stroke, or any combination of such conditions.

    [[Page 123 STAT. 1454]]

        (b) Research.--A multicenter network of clinical sites funded
    through this section may--
                (1) focus on areas of key scientific concern, including--
                        (A) improving functional mobility;
                        (B) promoting behavioral adaptation to functional
                    losses, especially to prevent secondary complications;
                        (C) assessing the efficacy and outcomes of medical
                    rehabilitation therapies and practices and assisting
                    technologies;
                        (D) developing improved assistive technology to
                    improve function and independence; and
                        (E) understanding whole body system responses to
                    physical impairments, disabilities, and societal and
                    functional limitations; and
                (2) replicate the findings of network members or other
            researchers for scientific and translation purposes.

        (c) Coordination of Clinical Trials Networks; Reports.--The Director
    may, as appropriate, provide for the coordination of information among
    networks funded through this section and ensure regular communication
    among members of the networks, and may require the periodic preparation
    of reports on the activities of the networks and submission of reports
    to the Director.

      Subtitle C--Improving Quality of Life for Persons With Paralysis and
                           Other Physical Disabilities

    SEC. 14301. <<NOTE: 42 USC 280g-9.>>  PROGRAMS TO IMPROVE QUALITY
                                OF LIFE FOR PERSONS WITH PARALYSIS AND
                                OTHER PHYSICAL DISABILITIES.

        (a) In General.--The Secretary of Health and Human Services (in this
    subtitle referred to as the ``Secretary'') may study the unique health
    challenges associated with paralysis and other physical disabilities and
    carry out projects and interventions to improve the quality of life and
    long-term health status of persons with paralysis and other physical
    disabilities. The Secretary may carry out such projects directly and
    through awards of grants or contracts.
        (b) Certain Activities.--Activities under subsection (a) may
    include--
                (1) the development of a national paralysis and physical
            disability quality of life action plan, to promote health and
            wellness in order to enhance full participation, independent
            living, self-sufficiency, and equality of opportunity in
            partnership with voluntary health agencies focused on paralysis
            and other physical disabilities, to be carried out in
            coordination with the State-based Disability and Health Program
            of the Centers for Disease Control and Prevention;
                (2) support for programs to disseminate information
            involving care and rehabilitation options and quality of life
            grant programs supportive of community-based programs and
            support systems for persons with paralysis and other physical
            disabilities;
                (3) in collaboration with other centers and national
            voluntary health agencies, the establishment of a population-
            based database that may be used for longitudinal and other
            research on paralysis and other disabling conditions; and

    [[Page 123 STAT. 1455]]

                (4) the replication and translation of best practices and
            the sharing of information across States, as well as the
            development of comprehensive, unique, and innovative programs,
            services, and demonstrations within existing State-based
            disability and health programs of the Centers for Disease
            Control and Prevention which are designed to support and advance
            quality of life programs for persons living with paralysis and
            other physical disabilities focusing on--
                        (A) caregiver education;
                        (B) promoting proper nutrition, increasing physical
                    activity, and reducing tobacco use;
                        (C) education and awareness programs for health care
                    providers;
                        (D) prevention of secondary complications;
                        (E) home- and community-based interventions;
                        (F) coordinating services and removing barriers that
                    prevent full participation and integration into the
                    community; and
                        (G) recognizing the unique needs of underserved
                    populations.

        (c) Grants.--The Secretary may award grants in accordance with the
    following:
                (1) To State and local health and disability agencies for
            the purpose of--
                        (A) establishing a population-based database that
                    may be used for longitudinal and other research on
                    paralysis and other disabling conditions;
                        (B) developing comprehensive paralysis and other
                    physical disability action plans and activities focused
                    on the items listed in subsection (b)(4);
                        (C) assisting State-based programs in establishing
                    and implementing partnerships and collaborations that
                    maximize the input and support of people with paralysis
                    and other physical disabilities and their constituent
                    organizations;
                        (D) coordinating paralysis and physical disability
                    activities with existing State-based disability and
                    health programs;
                        (E) providing education and training opportunities
                    and programs for health professionals and allied
                    caregivers; and
                        (F) developing, testing, evaluating, and replicating
                    effective intervention programs to maintain or improve
                    health and quality of life.
                (2) To private health and disability organizations for the
            purpose of--
                        (A) disseminating information to the public;
                        (B) improving access to services for persons living
                    with paralysis and other physical disabilities and their
                    caregivers;
                        (C) testing model intervention programs to improve
                    health and quality of life; and
                        (D) coordinating existing services with State-based
                    disability and health programs.

        (d) Coordination of Activities.--The Secretary shall ensure that
    activities under this section are coordinated as appropriate by the
    agencies of the Department of Health and Human Services.

    [[Page 123 STAT. 1456]]

        (e) Authorization of Appropriations.--For the purpose of carrying
    out this section, there is authorized to be appropriated $25,000,000 for
    each of fiscal years 2008 through 2011.

           TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION

    SEC. 15101. <<NOTE: 20 USC 50 note.>>  LABORATORY AND SUPPORT
                                SPACE, EDGEWATER, MARYLAND.

        (a) Authority To Design and Construct.--The Board of Regents of the
    Smithsonian Institution is authorized to design and construct laboratory
    and support space to accommodate the Mathias Laboratory at the
    Smithsonian Environmental Research Center in Edgewater, Maryland.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section a total of $41,000,000 for fiscal
    years 2009 through 2011. Such sums shall remain available until
    expended.
    SEC. 15102. <<NOTE: 20 USC 50 note.>>  LABORATORY SPACE, GAMBOA,
                                PANAMA.

        (a) Authority To Construct.--The Board of Regents of the Smithsonian
    Institution is authorized to construct laboratory space to accommodate
    the terrestrial research program of the Smithsonian tropical research
    institute in Gamboa, Panama.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section a total of $14,000,000 for fiscal
    years 2009 and 2010. Such sums shall remain available until expended.
    SEC. 15103. <<NOTE: Maryland. 20 USC 50 note.>>  CONSTRUCTION OF
                                GREENHOUSE FACILITY.

        (a) In General.--The Board of Regents of the Smithsonian Institution
    is authorized to construct a greenhouse facility at its museum support
    facility in Suitland, Maryland, to maintain the horticultural operations
    of, and preserve the orchid collection held in trust by, the Smithsonian
    Institution.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated $12,000,000 to carry out this section. Such sums shall
    remain available until expended.

        Approved March 30, 2009.

    LEGISLATIVE HISTORY--H.R. 146:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 155 (2009):
                Mar. 2, 3, considered and passed House.
                Mar. 17-19, considered and passed Senate, amended.
                Mar. 25, House concurred in Senate amendments.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
                Mar. 30, Presidential remarks and statement.

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