[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
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. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus Public Land
Management Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
Sec. 1001. Designation of wilderness, Monongahela National Forest, West
Virginia.
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness,
Monongahela National Forest.
Sec. 1003. Monongahela National Forest boundary confirmation.
Sec. 1004. Enhanced Trail Opportunities.
Subtitle B--Virginia Ridge and Valley Wilderness
Sec. 1101. Definitions.
Sec. 1102. Designation of additional National Forest System land in
Jefferson National Forest 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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) <> 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
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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)
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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) <> 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 1002]]
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. <> 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 1003]]
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 1004]]
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. <> DESIGNATION OF KIMBERLING
CREEK POTENTIAL WILDERNESS AREA,
JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson National
Forest comprising approximately 349 acres, as generally depicted on the
map entitled ``Kimberling Creek Additions and Potential Wilderness
Area'' and dated April 28, 2008, is designated as a potential wilderness
area for incorporation in the Kimberling Creek Wilderness designated by
section 2(2) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-586).
(b) Management.--Except as provided in subsection (c) and subject to
valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, and any other activity
necessary to restore the natural ecosystems in the potential
wilderness area), the Secretary may use motorized equipment and
mechanized transport in the potential wilderness area until the
date on which the potential wilderness area is incorporated into
the Kimberling Creek Wilderness.
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and resources.
(d) <> Wilderness Designation.--The
potential wilderness area shall be designated as wilderness and
incorporated in the Kimberling Creek Wilderness on the earlier of--
(1) <> the
date on which the Secretary publishes in the Federal Register
notice that the conditions in the potential wilderness area that
are incompatible with the Wilderness Act (16 U.S.C. 1131 et
seq.) have been removed; or
(2) the date that is 5 years after the date of enactment of
this Act.
SEC. 1104. <> SENG MOUNTAIN AND BEAR CREEK
SCENIC AREAS, JEFFERSON NATIONAL FOREST,
VIRGINIA.
(a) Establishment.--There are designated as National Scenic Areas--
[[Page 1005]]
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) <> 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 1006]]
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 1007]]
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. <> MAPS AND BOUNDARY
DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file with the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
and the Committee on Agriculture of the House of Representatives maps
and boundary descriptions of--
(1) the scenic areas;
(2) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132
note) (as added by section 1102(a)(5));
(3) the wilderness study area designated by section 6(a)(5)
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-586) (as added by section 1102(b)(2)(D)); and
(4) the potential wilderness area designated by section
1103(a).
(b) Force and Effect.--The maps and boundary descriptions filed
under subsection (a) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct any minor errors
in the maps and boundary descriptions.
(c) Availability of Map and Boundary Description.--The maps and
boundary descriptions filed under subsection (a) shall be on file and
available for public inspection in the Office of the Chief of the Forest
Service.
(d) Conflict.--In the case of a conflict between a map filed under
subsection (a) and the acreage of the applicable areas specified in this
subtitle, the map shall control.
SEC. 1107. EFFECTIVE DATE.
Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the
effective date of that Act shall be considered to be a reference to the
date of enactment of this Act for purposes of administering--
(1) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132
note) (as added by section 1102(a)(5)); and
(2) the potential wilderness area designated by section
1103(a).
Subtitle C--Mt. Hood Wilderness, Oregon
SEC. 1201. <> DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
[[Page 1008]]
123 STAT. 1008
SEC. 1202. DESIGNATION OF WILDERNESS AREAS.
(a) <> Designation of Lewis and Clark
Mount Hood Wilderness Areas.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State of Oregon are
designated as wilderness areas and as components of the National
Wilderness Preservation System:
(1) Badger creek wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 4,140
acres, as generally depicted on the maps entitled ``Badger Creek
Wilderness--Badger Creek Additions'' and ``Badger Creek
Wilderness--Bonney Butte'', dated July 16, 2007, which is
incorporated in, and considered to be a part of, the Badger
Creek Wilderness, as designated by section 3(3) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(2) Bull of the woods wilderness addition.--Certain Federal
land managed by the Forest Service, comprising approximately
10,180 acres, as generally depicted on the map entitled ``Bull
of the Woods Wilderness--Bull of the Woods Additions'', dated
July 16, 2007, which is incorporated in, and considered to be a
part of, the Bull of the Woods Wilderness, as designated by
section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 273).
(3) Clackamas wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 9,470 acres, as
generally depicted on the maps entitled ``Clackamas Wilderness--
Big Bottom'', ``Clackamas Wilderness--Clackamas Canyon'',
``Clackamas Wilderness--Memaloose Lake'', ``Clackamas
Wilderness--Sisi Butte'', and ``Clackamas Wilderness--South Fork
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 1009]]
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) <> Richard L. Kohnstamm Memorial
Area.--Certain Federal land managed by the Forest Service, as generally
depicted on the map entitled ``Richard L. Kohnstamm Memorial Area'',
dated July 16, 2007, is designated as the ``Richard L. Kohnstamm
Memorial Area''.
(c) <> Potential Wilderness Area;
Additions to Wilderness Areas.--
(1) Roaring river potential wilderness area.--
(A) In general.--In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), certain
Federal land managed by the Forest Service, comprising
approximately 900 acres identified as ``Potential
Wilderness'' on the map entitled ``Roaring River
Wilderness'', dated July 16, 2007, is designated as a
potential wilderness area.
(B) Management.--The potential wilderness area
designated by subparagraph (A) shall be managed in
accordance with section 4 of the Wilderness Act (16
U.S.C. 1133).
(C) <> Designation as wilderness.--On
the date on which the Secretary publishes in the Federal
Register notice that the conditions in the potential
wilderness area designated by subparagraph (A) are
compatible with the Wilderness Act (16 U.S.C. 1131 et
seq.), the potential wilderness shall be--
(i) designated as wilderness and as a
component of the National Wilderness Preservation
System; and
(ii) incorporated into the Roaring River
Wilderness designated by subsection (a)(6).
(2) Addition to the mount hood wilderness.--On completion of
the land exchange under section 1206(a)(2), certain Federal land
managed by the Forest Service, comprising approximately 1,710
acres, as generally depicted on the map entitled ``Mount Hood
Wilderness--Tilly Jane'', dated July 20, 2007, shall be
incorporated in, and considered to be a part of, the Mount Hood
Wilderness, as designated under section 3(a) of the Wilderness
Act (16 U.S.C. 1132(a)) and enlarged
[[Page 1010]]
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 1011]]
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 1012]]
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) <> 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 1013]]
123 STAT. 1013
SEC. 1204. <> MOUNT HOOD NATIONAL
RECREATION AREA.
(a) Designation.--To provide for the protection, preservation, and
enhancement of recreational, ecological, scenic, cultural, watershed,
and fish and wildlife values, there is established the Mount Hood
National Recreation Area within the Mount Hood National Forest.
(b) Boundary.--The Mount Hood National Recreation Area shall consist
of certain Federal land managed by the Forest Service and Bureau of Land
Management, comprising approximately 34,550 acres, as generally depicted
on the maps entitled ``National Recreation Areas--Mount Hood NRA'',
``National Recreation Areas--Fifteenmile Creek NRA'', and ``National
Recreation Areas--Shellrock Mountain'', dated February 2007.
(c) Map and Legal Description.--
(1) Submission of legal description.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
file a map and a legal description of the Mount Hood National
Recreation Area with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
typographical errors in the map and the legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(d) Administration.--
(1) In general.--The Secretary shall--
(A) administer the Mount Hood National Recreation
Area--
(i) in accordance with the laws (including
regulations) and rules applicable to the National
Forest System; and
(ii) consistent with the purposes described in
subsection (a); and
(B) only allow uses of the Mount Hood National
Recreation Area that are consistent with the purposes
described in subsection (a).
(2) Applicable law.--Any portion of a wilderness area
designated by section 1202 that is located within the Mount Hood
National Recreation Area shall be administered in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.).
(e) Timber.--The cutting, sale, or removal of timber within the
Mount Hood National Recreation Area may be permitted--
(1) to the extent necessary to improve the health of the
forest in a manner that--
(A) maximizes the retention of large trees--
(i) as appropriate to the forest type; and
(ii) to the extent that the trees promote
stands that are fire-resilient and healthy;
(B) improves the habitats of threatened, endangered,
or sensitive species; or
[[Page 1014]]
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) <> 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 1015]]
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 1016]]
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 1017]]
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 1018]]
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 1019]]
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 1020]]
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 1021]]
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 1022]]
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 1023]]
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 1024]]
123 STAT. 1024
(iv) other financing tools that link
transportation infrastructure improvements with
development.
(b) Mount Hood National Forest Stewardship Strategy.--
(1) <> In general.--The Secretary shall
prepare a report on, and implementation schedule for, the
vegetation management strategy (including recommendations for
biomass utilization) for the Mount Hood National Forest being
developed by the Forest Service.
(2) Submission to congress.--
(A) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit the
report to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(B) <> Implementation schedule.--
Not later than 1 year after the date on which the
vegetation management strategy referred to in paragraph
(1) is completed, the Secretary shall submit the
implementation schedule to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(c) Local and Tribal Relationships.--
(1) Management plan.--
(A) In general.--The Secretary, in consultation with
Indian tribes with treaty-reserved gathering rights on
land encompassed by the Mount Hood National Forest and
in a manner consistent with the memorandum of
understanding entered into between the Department of
Agriculture, the Bureau of Land Management, the Bureau
of Indian Affairs, and the Confederated Tribes and Bands
of the Warm Springs Reservation of Oregon, dated April
25, 2003, as modified, shall develop and implement a
management plan that meets the cultural foods
obligations of the United States under applicable
treaties, including the Treaty with the Tribes and Bands
of Middle Oregon of June 25, 1855 (12 Stat. 963).
(B) Effect.--This paragraph shall be considered to
be consistent with, and is intended to help implement,
the gathering rights reserved by the treaty described in
subparagraph (A).
(2) Savings provisions regarding relations with indian
tribes.--
(A) Treaty rights.--Nothing in this subtitle alters,
modifies, enlarges, diminishes, or abrogates the treaty
rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with
the Tribes and Bands of Middle Oregon of June 25, 1855
(12 Stat. 963).
(B) Tribal land.--Nothing in this subtitle affects
land held in trust by the Secretary of the Interior for
Indian tribes or individual members of Indian tribes or
other land acquired by the Army Corps of Engineers and
administered by the Secretary of the Interior for the
benefit of Indian tribes and individual members of
Indian tribes.
(d) Recreational Uses.--
[[Page 1025]]
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 1026]]
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) <> In General.--Nothing in this
subtitle shall be construed as diminishing any right of any Indian
tribe.
(b) Memorandum of Understanding.--The Secretary shall seek to enter
into a memorandum of understanding with the Coquille Indian Tribe
regarding access to the Copper Salmon Wilderness to conduct historical
and cultural activities.
Subtitle <> E--Cascade-Siskiyou National
Monument, Oregon
SEC. 1401. DEFINITIONS.
In this subtitle:
(1) Box r ranch land exchange map.--The term ``Box R Ranch
land exchange map'' means the map entitled ``Proposed Rowlett
Land Exchange'' and dated June 13, 2006.
(2) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 40 acres of land
administered by the Bureau of Land Management identified as
``Rowlett Selected'', as generally depicted on the Box R Ranch
land exchange map.
(3) Deerfield land exchange map.--The term ``Deerfield land
exchange map'' means the map entitled ``Proposed Deerfield-BLM
Property Line Adjustment'' and dated May 1, 2008.
(4) Deerfield parcel.--The term ``Deerfield parcel'' means
the approximately 1.5 acres of land identified as ``From
Deerfield to BLM'', as generally depicted on the Deerfield land
exchange map.
(5) Federal parcel.--The term ``Federal parcel'' means the
approximately 1.3 acres of land administered by the Bureau
[[Page 1027]]
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 1028]]
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 1029]]
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 1030]]
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) <> 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 1031]]
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 1032]]
123 STAT. 1032
States, an Indian tribe, a State, or a private individual,
partnership, or corporation.
Subtitle <> F--Owyhee Public Land Management
SEC. 1501. DEFINITIONS.
In this subtitle:
(1) Account.--The term ``account'' means the Owyhee Land
Acquisition Account established by section 1505(b)(1).
(2) County.--The term ``County'' means Owyhee County, Idaho.
(3) Owyhee front.--The term ``Owyhee Front'' means the area
of the County from Jump Creek on the west to Mud Flat Road on
the east and draining north from the crest of the Silver City
Range to the Snake River.
(4) Plan.--The term ``plan'' means a travel management plan
for motorized and mechanized off-highway vehicle recreation
prepared under section 1507.
(5) Public land.--The term ``public land'' has the meaning
given the term in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Idaho.
(8) Tribes.--The term ``Tribes'' means the Shoshone Paiute
Tribes of the Duck Valley Reservation.
SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.
(a) Establishment.--The Secretary, in coordination with the Tribes,
State, and County, and in consultation with the University of Idaho,
Federal grazing permittees, and public, shall establish the Owyhee
Science Review and Conservation Center in the County to conduct research
projects to address natural resources management issues affecting public
and private rangeland in the County.
(b) Purpose.--The purpose of the center established under subsection
(a) shall be to facilitate the collection and analysis of information to
provide Federal and State agencies, the Tribes, the County, private
landowners, and the public with information on improved rangeland
management.
SEC. 1503. WILDERNESS AREAS.
(a) Wilderness Areas Designation.--
(1) <> In general.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), the following
areas in the State are designated as wilderness areas and as
components of the National Wilderness Preservation System:
(A) Big jacks creek wilderness.--Certain land
comprising approximately 52,826 acres, as generally
depicted on the map entitled ``Little Jacks Creek and
Big Jacks Creek Wilderness'' and dated May 5, 2008,
which shall be known as the ``Big Jacks Creek
Wilderness''.
(B) Bruneau-jarbidge rivers wilderness.--Certain
land comprising approximately 89,996 acres, as generally
depicted on the map entitled ``Bruneau-Jarbidge Rivers
[[Page 1033]]
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 1034]]
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) <> 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 1035]]
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 1036]]
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 1037]]
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 1038]]
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 1039]]
123 STAT. 1039
to be administered by the Secretary of the Interior as a wild
river.''.
(b) <> Boundaries.--Notwithstanding
section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the
boundary of a river segment designated as a component of the National
Wild and Scenic Rivers System under this subtitle shall extend not more
than the shorter of--
(1) an average distance of \1/4\ mile from the high water
mark on both sides of the river segment; or
(2) the distance to the nearest confined canyon rim.
(c) <> Land Acquisition.--The Secretary
shall not acquire any private land within the exterior boundary of a
wild and scenic river corridor without the consent of the owner.
SEC. 1505. LAND IDENTIFIED FOR DISPOSAL.
(a) In General.--Consistent with applicable law, the Secretary may
sell public land located within the Boise District of the Bureau of Land
Management that, as of July 25, 2000, has been identified for disposal
in appropriate resource management plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a proportion of
the proceeds of a land sale to be distributed to any trust fund
of the State), proceeds from the sale of public land under
subsection (a) shall be deposited in a separate account in the
Treasury of the United States to be known as the ``Owyhee Land
Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be
available to the Secretary, without further
appropriation, to purchase land or interests in land in,
or adjacent to, the wilderness areas designated by this
subtitle, including land identified as ``Proposed for
Acquisition'' on the maps described in section
1503(a)(1).
(B) Applicable law.--Any purchase of land or
interest in land under subparagraph (A) shall be in
accordance with applicable law.
(3) Applicability.--This subsection applies to public land
within the Boise District of the Bureau of Land Management sold
on or after January 1, 2008.
(4) Additional amounts.--If necessary, the Secretary may use
additional amounts appropriated to the Department of the
Interior, subject to applicable reprogramming guidelines.
(c) Termination of Authority.--
(1) In general.--The authority provided under this section
terminates on the earlier of--
(A) the date that is 10 years after the date of
enactment of this Act; or
(B) the date on which a total of $8,000,000 from the
account is expended.
(2) Availability of amounts.--Any amounts remaining in the
account on the termination of authority under this section shall
be--
(A) credited as sales of public land in the State;
(B) transferred to the Federal Land Disposal Account
established under section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
[[Page 1040]]
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) <> Owyhee
front.--It is the intent of Congress that, not later than 1 year
after the date of enactment of this Act, the Secretary shall
complete a transportation plan for the Owyhee Front.
(2) Other bureau of land management land in the county.--It
is the intent <> of
Congress that, not later than 3 years after the date of
enactment of this Act, the Secretary shall complete a
transportation plan for Bureau of Land Management land in the
County outside the Owyhee Front.
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
[[Page 1041]]
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) <> 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 1042]]
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 1043]]
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) <> In General.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), the land described in
subsection (b) is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the ``Beaver
Basin Wilderness''.
(b) <> Description of Land.--The land
referred to in subsection (a) is the land and inland water comprising
approximately 11,740 acres within the National Lakeshore, as generally
depicted on the map.
(c) <> Boundary.--
(1) Line of demarcation.--The line of demarcation shall be
the boundary for any portion of the Wilderness that is bordered
by Lake Superior.
(2) Surface water.--The surface water of Lake Superior,
regardless of the fluctuating lake level, shall be considered to
be outside the boundary of the Wilderness.
(d) Map and Legal Description.--
(1) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(2) Legal description.--As soon as practicable after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a
legal description of the boundary of the Wilderness.
(3) Force and effect.--The map and the legal description
submitted under paragraph (2) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any clerical or typographical errors in
the map and legal description.
SEC. 1653. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the Wilderness
shall be administered by the Secretary in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) with respect to land administered by the Secretary, any
reference in that Act to the Secretary of Agriculture shall be
considered to be a reference to the Secretary.
(b) Use of Electric Motors.--The use of boats powered by electric
motors on Little Beaver and Big Beaver Lakes may continue, subject to
any applicable laws (including regulations).
[[Page 1044]]
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) <> 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 1045]]
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) <> Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain
Federal land managed by the Bureau of Land Management with a
width of 25 feet, as generally depicted on the wilderness map as
``Potential Wilderness'', is designated as potential wilderness.
(2) Interim management.--The potential wilderness designated
by paragraph (1) shall be managed in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that the
Secretary may allow nonconforming uses that are authorized and
in existence on the date of enactment of this Act to continue in
the potential wilderness.
(3) <>
Designation as wilderness.--On the date on which the Secretary
publishes in the Federal Register notice that any nonconforming
uses in the potential wilderness designated by paragraph (1)
that are permitted under paragraph (2) have terminated, the
potential wilderness shall be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the Oregon Badlands
Wilderness.
(d) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Oregon Badlands Wilderness with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
typographical errors in the map and legal description.
(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 1046]]
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 1047]]
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 1048]]
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) <> Completion of Land Exchange.--It is the
intent of Congress that the land exchanges under this section shall be
completed not later than 2 years after the date of enactment of this
Act.
SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges, diminishes, or
abrogates the treaty rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with the Tribes and
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
Subtitle J--Spring Basin Wilderness, Oregon
SEC. 1751. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Oregon.
(3) Tribes.--The term ``Tribes'' means the Confederated
Tribes of the Warm Springs Reservation of Oregon.
(4) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Spring Basin Wilderness with Land Exchange
Proposals'' and dated September 3, 2008.
SEC. 1752. SPRING BASIN WILDERNESS.
(a) <> Designation.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 6,382
acres of Bureau of Land Management land in the State, as generally
depicted on the wilderness map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to be known as
the ``Spring Basin Wilderness''.
(b) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Spring Basin Wilderness shall be administered by the Secretary
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(A) any reference in the Wilderness Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this Act; and
(B) any reference in the Wilderness Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Spring Basin
Wilderness that is acquired by the United States shall--
(A) become part of the Spring Basin Wilderness; and
(B) be managed in accordance with this Act, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Grazing.--The grazing of livestock in the Spring Basin
Wilderness, if established before the date of enactment of this
Act, shall be permitted to continue subject to such reasonable
[[Page 1049]]
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 1050]]
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 1051]]
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 1052]]
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) <> Completion of Land Exchange.--It is the
intent of Congress that the land exchanges under this section shall be
completed not later than 2 years after the date of enactment of this
Act.
SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges, diminishes, or
abrogates the treaty rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with the Tribes and
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness,
California
SEC. 1801. <> DEFINITIONS.
In this subtitle:
(1) Forest.--The term ``Forest'' means the Ancient
Bristlecone Pine Forest designated by section 1808(a).
[[Page 1053]]
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. <> 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 1054]]
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 1055]]
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 1056]]
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) <> not later than
1 year after the date of enactment of this Act,
establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials)
for responding to fire emergencies; and
(B) <> enter into agreements with
appropriate State or local firefighting agencies.
(f) Access to Private Property.--The Secretary shall provide any
owner of private property within the boundary of a wilderness area or
wilderness addition designated by this subtitle adequate access to the
property to ensure the reasonable use and enjoyment of the property by
the owner.
(g) Military Activities.--Nothing in this subtitle precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
subtitle;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by this
subtitle; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by this subtitle.
(h) Livestock.--Grazing of livestock and the maintenance of existing
facilities relating to grazing in wilderness areas or wilderness
additions designated by this subtitle, if established before the date of
enactment of this Act, shall be permitted to continue in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (H.
Rept. 101-405).
(i) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry
out management activities to maintain or restore fish and
wildlife populations and fish and wildlife habitats in
wilderness areas or wilderness additions designated by this
subtitle if the activities are--
(A) consistent with applicable wilderness management
plans; and
(B) carried out in accordance with applicable
guidelines and policies.
(2) State jurisdiction.--Nothing in this subtitle affects
the jurisdiction of the State with respect to fish and wildlife
on public land located in the State.
(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 1057]]
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 1058]]
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 1059]]
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) <> Effect.--The designation of Piru
Creek under subsection (a) shall not affect valid rights in existence on
the date of enactment of this Act.
SEC. 1806. <> BRIDGEPORT WINTER RECREATION
AREA.
(a) Designation.--The approximately 7,254 acres of land in the
Humboldt-Toiyabe National Forest identified as the ``Bridgeport Winter
Recreation Area'', as generally depicted on the map entitled ``Humboldt-
Toiyabe National Forest Proposed Management'' and dated September 17,
2008, is designated as the Bridgeport Winter Recreation Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Recreation Area with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources of
the Senate.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--
(1) Interim management.--Until completion of the management
plan required under subsection (d), and except as provided in
paragraph (2), the Recreation Area shall be managed in
accordance with the Toiyabe National Forest Land and Resource
Management Plan of 1986 (as in effect on the day of enactment of
this Act).
(2) Use of snowmobiles.--The winter use of snowmobiles shall
be allowed in the Recreation Area--
(A) during periods of adequate snow coverage during
the winter season; and
[[Page 1060]]
123 STAT. 1060
(B) subject to any terms and conditions determined
to be necessary by the Secretary.
(d) <> Management Plan.--To ensure the sound
management and enforcement of the Recreation Area, the Secretary shall,
not later than 1 year after the date of enactment of this Act, undergo a
public process to develop a winter use management plan that provides
for--
(1) adequate signage;
(2) a public education program on allowable usage areas;
(3) measures to ensure adequate sanitation;
(4) a monitoring and enforcement strategy; and
(5) measures to ensure the protection of the Trail.
(e) Enforcement.--The Secretary shall prioritize enforcement
activities in the Recreation Area--
(1) to prohibit degradation of natural resources in the
Recreation Area;
(2) to prevent interference with nonmotorized recreation on
the Trail; and
(3) to reduce user conflicts in the Recreation Area.
(f) Pacific Crest National Scenic Trail.--The Secretary shall
establish an appropriate snowmobile crossing point along the Trail in
the area identified as ``Pacific Crest Trail Proposed Crossing Area'' on
the map entitled ``Humboldt-Toiyable National Forest Proposed
Management'' and dated September 17, 2008--
(1) in accordance with--
(A) the National Trails System Act (16 U.S.C. 1241
et seq.); and
(B) any applicable environmental and public safety
laws; and
(2) subject to the terms and conditions the Secretary
determines to be necessary to ensure that the crossing would
not--
(A) interfere with the nature and purposes of the
Trail; or
(B) harm the surrounding landscape.
SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE NATIONAL
FOREST.
Certain land in the Humboldt-Toiyabe National Forest, comprising
approximately 3,690 acres identified as ``Pickel Hill Management Area'',
as generally depicted on the map entitled ``Humboldt-Toiyabe National
Forest Proposed Management'' and dated September 17, 2008, shall be
managed in a manner consistent with the non-Wilderness forest areas
immediately surrounding the Pickel Hill Management Area, including the
allowance of snowmobile use.
SEC. 1808. <> ANCIENT BRISTLECONE PINE
FOREST.
(a) Designation.--To conserve and protect the Ancient Bristlecone
Pines by maintaining near-natural conditions and to ensure the survival
of the Pines for the purposes of public enjoyment and scientific study,
the approximately 31,700 acres of public land in the State, as generally
depicted on the map entitled ``Ancient Bristlecone Pine Forest--
Proposed'' and dated July 16, 2008, is designated as the ``Ancient
Bristlecone Pine Forest''.
(b) Map and Legal Description.--
(1) <> In general.--As soon as
practicable, but not later than 3 years after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Forest with--
[[Page 1061]]
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 1062]]
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) <> 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 1063]]
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 1064]]
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) <> Joshua Tree National Park Potential
Wilderness.--
(1) Designation of potential wilderness.--Certain land in
the Joshua Tree National Park, comprising approximately 43,300
acres, as generally depicted on the map numbered 156/80,055, and
titled ``Joshua Tree National Park Proposed Wilderness
Additions'', and dated March 2008, is designated potential
wilderness and shall be managed by the Secretary of the Interior
insofar as practicable as wilderness until such time as the land
is designated as wilderness pursuant to paragraph (2).
(2) <> Designation as wilderness.--The land
designated potential wilderness by paragraph (1) shall be
designated as wilderness and incorporated in, and be deemed to
be a part of, the Joshua Tree Wilderness designated by section
1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note),
effective upon publication by the Secretary of the Interior in
the Federal Register of a notice that--
(A) all uses of the land within the potential
wilderness prohibited by the Wilderness Act (16 U.S.C.
1131 et seq.) have ceased; and
[[Page 1065]]
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 1066]]
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) <> not later
than 1 year after the date of enactment of this
Act, establish agency approval procedures
(including appropriate delegations of authority to
the Forest Supervisor, District Manager, or other
agency officials) for responding to fire
emergencies; and
(ii) <> enter into
agreements with appropriate State or local
firefighting agencies.
(5) Grazing.--Grazing of livestock in a wilderness area or
wilderness addition designated by this section shall be
administered in accordance with the provisions of section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
guidelines set forth in House Report 96-617 to accompany H.R.
5487 of the 96th Congress.
(6) Native american uses and interests.--
(A) Access and use.--To the extent practicable, the
Secretary shall ensure access to the Cahuilla Mountain
Wilderness by members of an Indian tribe for traditional
cultural purposes. In implementing this paragraph, the
Secretary, upon the request of an Indian tribe, may
temporarily close to the general public use of one or
more specific portions of the wilderness area in order
to protect the privacy of traditional cultural
activities in such areas by members of the Indian tribe.
Any such closure shall be made to affect the smallest
practicable area for the minimum period necessary for
such purposes. Such access shall be consistent with the
purpose and intent of Public Law 95-341 (42 U.S.C.
1996), commonly referred to as the American Indian
Religious Freedom Act, and the Wilderness Act (16 U.S.C.
1131 et seq.).
(B) Indian tribe defined.--In this paragraph, the
term ``Indian tribe'' means any Indian tribe, band,
nation, or other organized group or community of Indians
which is recognized as eligible by the Secretary of the
Interior for the special programs and services provided
by the United States to Indians because of their status
as Indians.
(7) Military activities.--Nothing in this section
precludes--
[[Page 1067]]
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) <> 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 1068]]
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) <> John krebs wilderness.--
(A) Designation.--Certain land in Sequoia and Kings
Canyon National Parks, comprising approximately 39,740
[[Page 1069]]
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) <> Sequoia-kings canyon
wilderness addition.--Certain land in Sequoia and Kings Canyon
National Parks, California, comprising approximately 45,186
acres as generally depicted on the map titled ``Sequoia-Kings
Canyon Wilderness Addition'', numbered 102/60015a, and dated
March 10, 2008, is incorporated in, and shall be considered to
be a part of, the Sequoia-Kings Canyon Wilderness.
(3) Recommended wilderness.--Land in Sequoia and Kings
Canyon National Parks that was managed as of the date of
enactment of this Act as recommended or proposed wilderness but
not designated by this section as wilderness shall continue to
be managed as recommended or proposed wilderness, as
appropriate.
SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(b) Map and Legal Description.--
(1) <> Submission of map and legal
description.--As soon as practicable, but not later than 3
years, after the date of enactment of this Act, the Secretary
shall file a map and legal description of each area designated
as wilderness by this subtitle with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
[[Page 1070]]
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) <> 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 1071]]
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) <> 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 1072]]
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 1073]]
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) <> Right-of-Way.--Notwithstanding the Act
of March 3, 1891 (43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C.
951), the right of way for the Grand River Ditch shall not be
terminated, forfeited, or otherwise affected as a result of the water
transported by the Grand River Ditch being used primarily for domestic
purposes or any purpose of a public nature, unless the Secretary
determines that the change in the main purpose or use adversely affects
the Park.
(f) New Reclamation Projects.--Nothing in the first section of the
Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow
development in the Wilderness of any reclamation project not in
existence as of the date of enactment of this Act.
(g) Clarification of Management Authority.--Nothing in this section
reduces or limits the authority of the Secretary to manage land and
resources within the Park under applicable law.
SEC. 1954. EAST SHORE TRAIL AREA.
(a) <> In General.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall establish within
the East Shore Trail Area in the Park an alignment line for a trail, to
be known as the ``East Shore Trail'', to maximize the opportunity for
sustained use of the Trail without causing--
(1) harm to affected resources; or
(2) conflicts among users.
(b) Boundaries.--
(1) In general.--After establishing the alignment line for
the Trail under subsection (a), the Secretary shall--
[[Page 1074]]
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) <> 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 1075]]
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) <> In General.--Section 3(k) of Public
Law 91-383 (16 U.S.C. 1a-2(k)) shall apply to the parcel of land
described in subsection (b).
(b) Description of the Land.--The parcel of land referred to in
subsection (a) is the parcel of land known as the ``Leiffer tract'' that
is--
(1) located near the eastern boundary of the Park in Larimer
County, Colorado; and
(2) administered by the National Park Service.
Subtitle O--Washington County, Utah
SEC. 1971. <> DEFINITIONS.
In this subtitle:
(1) Beaver dam wash national conservation area map.--The
term ``Beaver Dam Wash National Conservation Area Map'' means
the map entitled ``Beaver Dam Wash National Conservation Area''
and dated December 18, 2008.
(2) Canaan mountain wilderness map.--The term ``Canaan
Mountain Wilderness Map'' means the map entitled ``Canaan
Mountain Wilderness'' and dated June 21, 2008.
(3) County.--The term ``County'' means Washington County,
Utah.
(4) Northeastern washington county wilderness map.--The term
``Northeastern Washington County Wilderness Map'' means the map
entitled ``Northeastern Washington County Wilderness'' and dated
November 12, 2008.
(5) Northwestern washington county wilderness map.--The term
``Northwestern Washington County Wilderness Map'' means the map
entitled ``Northwestern Washington County Wilderness'' and dated
June 21, 2008.
(6) Red cliffs national conservation area map.--The term
``Red Cliffs National Conservation Area Map'' means the map
entitled ``Red Cliffs National Conservation Area'' and dated
November 12, 2008.
(7) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(8) State.--The term ``State'' means the State of Utah.
[[Page 1076]]
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) <> 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 1077]]
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 1078]]
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 1079]]
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) <> 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 1080]]
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) <> the structures and
facilities will, as determined by the Secretary, enhance
wilderness values by promoting healthy, viable, and more
naturally distributed wildlife populations; and
(B) the visual impacts of the structures and
facilities on the wilderness areas can reasonably be
minimized.
(12) <> Cooperative agreement.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall enter into a cooperative agreement with the
State that specifies the terms and conditions under which
wildlife management activities in the wilderness areas
designated by subsection (a)(1) may be carried out.
(c) Release of Wilderness Study Areas.--
(1) Finding.--Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the public land in the County
administered by the Bureau of Land Management has been
adequately studied for wilderness designation.
(2) Release.--Any public land described in paragraph (1)
that is not designated as wilderness by subsection (a)(1)--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with applicable
law and the land management plans adopted under section
202 of that Act (43 U.S.C. 1712).
(d) <> Transfer of Administrative
Jurisdiction to National Park Service.--Administrative jurisdiction over
the land identified as the Watchman Wilderness on the Northeastern
Washington County Wilderness Map is hereby transferred to the National
Park Service, to be included in, and administered as part of Zion
National Park.
SEC. 1973. <> ZION NATIONAL PARK
WILDERNESS.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means certain
Federal land--
(A) that is--
(i) located in the County and Iron County,
Utah; and
(ii) managed by the National Park Service;
(B) consisting of approximately 124,406 acres; and
(C) as generally depicted on the Zion National Park
Wilderness Map and the area added to the park under
section 1972(d).
(2) Wilderness area.--The term ``Wilderness Area'' means the
Zion Wilderness designated by subsection (b)(1).
[[Page 1081]]
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. <> 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 1082]]
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) <> 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 1083]]
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. <> 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 1084]]
123 STAT. 1084
(1) <> In general.--Not later than 3 years
after the date of enactment of this Act and in accordance with
paragraph (2), the Secretary shall develop a comprehensive plan
for the long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult with--
(A) appropriate State, tribal, and local
governmental entities; and
(B) members of the public.
(3) Motorized vehicles.--In developing the management plan
required under paragraph (1), the Secretary shall incorporate
the restrictions on motorized vehicles described in subsection
(e)(3).
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources of the National Conservation
Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines would
further the purpose described in subsection (a).
(3) Motorized vehicles.--
(A) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles
in the National Conservation Area shall be permitted
only on roads designated by the management plan for the
use of motorized vehicles.
(B) Additional requirement relating to certain areas
located in the national conservation area.--In addition
to the requirement described in subparagraph (A), with
respect to the areas designated on the Beaver Dam Wash
National Conservation Area Map as ``Designated Road
Areas'', motorized vehicles shall be permitted only on
the roads identified on such map.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of
enactment of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and
practices as the Secretary considers necessary;
and
(ii) applicable law (including regulations);
and
(B) in a manner consistent with the purpose
described in subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
[[Page 1085]]
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 1086]]
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 1087]]
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 1088]]
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) <> Incorporation of Acquired Non-
Federal Land.--If the United States acquires any non-Federal land within
or adjacent to Zion National Park that includes a river segment that is
contiguous to a river segment of the Virgin River designated as a wild,
scenic, or recreational river by paragraph (204) of section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(a)), the acquired river segment shall be incorporated in, and be
administered as part of, the applicable wild, scenic, or recreational
river.
(c) <> Savings Clause.--The amendment made
by subsection (a) does not affect the agreement among the United States,
the State, the Washington County Water Conservancy District, and the
Kane County Water Conservancy District entitled ``Zion National Park
Water Rights Settlement Agreement'' and dated December 4, 1996.
SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND
TRANSPORTATION MANAGEMENT PLAN.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land managed by the Bureau of
Land Management, the Secretary; and
(B) with respect to land managed by the Forest
Service, the Secretary of Agriculture.
(3) Trail.--The term ``trail'' means the High Desert Off-
Highway Vehicle Trail designated under subsection (c)(1)(A).
[[Page 1089]]
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) <> 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 1090]]
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) <> 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 1091]]
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 1092]]
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 1093]]
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. <> 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 1094]]
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) <> Survey.--Not later than 180
days after the date of enactment of this Act, the
Secretary, acting through the Director of the Bureau of
Land Management, shall complete a survey of Parcel A to
establish the boundary of Parcel A.
(B) Legal description of parcel a.--
(i) <>
In general.--Upon the completion of the survey
under subparagraph (A), the Secretary shall
publish in the Federal Register a legal
description of--
(I) the boundary line of Parcel A;
and
(II) Parcel A.
(ii) Technical corrections.--Before the date
of publication of the legal descriptions under
clause (i), the Secretary may make minor
corrections to correct technical and clerical
errors in the legal descriptions.
(iii) <> Effect.--
Effective beginning on the date of publication of
the legal descriptions under clause (i), the legal
descriptions shall be considered to be the
official legal descriptions of Parcel A.
(3) Effect.--Nothing in this section--
(A) affects any valid right in existence on the date
of enactment of this Act;
(B) enlarges, impairs, or otherwise affects any
right or claim of the Tribe to any land or interest in
land other than to Parcel A that is--
(i) based on an aboriginal or Indian title;
and
(ii) in existence as of the date of enactment
of this Act; or
(C) constitutes an express or implied reservation of
water or a water right with respect to Parcel A.
(4) Land to be made a part of the reservation.--Land taken
into trust pursuant to this section shall be considered to be
part of the reservation of the Tribe.
SEC. 1983. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
SEC. 2001. <> DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) System.--The term ``system'' means the National
Landscape Conservation System established by section 2002(a).
[[Page 1095]]
123 STAT. 1095
SEC. 2002. <> ESTABLISHMENT OF THE NATIONAL
LANDSCAPE CONSERVATION SYSTEM.
(a) Establishment.--In order to conserve, protect, and restore
nationally significant landscapes that have outstanding cultural,
ecological, and scientific values for the benefit of current and future
generations, there is established in the Bureau of Land Management the
National Landscape Conservation System.
(b) Components.--The system shall include each of the following
areas administered by the Bureau of Land Management:
(1) Each area that is designated as--
(A) a national monument;
(B) a national conservation area;
(C) a wilderness study area;
(D) a national scenic trail or national historic
trail designated as a component of the National Trails
System;
(E) a component of the National Wild and Scenic
Rivers System; or
(F) a component of the National Wilderness
Preservation System.
(2) Any area designated by Congress to be administered for
conservation purposes, including--
(A) the Steens Mountain Cooperative Management and
Protection Area;
(B) the Headwaters Forest Reserve;
(C) the Yaquina Head Outstanding Natural Area;
(D) public land within the California Desert
Conservation Area administered by the Bureau of Land
Management for conservation purposes; and
(E) any additional area designated by Congress for
inclusion in the system.
(c) Management.--The Secretary shall manage the system--
(1) in accordance with any applicable law (including
regulations) relating to any component of the system included
under subsection (b); and
(2) in a manner that protects the values for which the
components of the system were designated.
(d) Effect.--
(1) In general.--Nothing in this subtitle enhances,
diminishes, or modifies any law or proclamation (including
regulations relating to the law or proclamation) under which the
components of the system described in subsection (b) were
established or are managed, including--
(A) the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.);
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.);
(D) the National Trails System Act (16 U.S.C. 1241
et seq.); and
(E) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(2) Fish and wildlife.--Nothing in this subtitle shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
regulations, including the regulation of hunting, fishing,
trapping and recreational shooting on public land managed by the
Bureau of
[[Page 1096]]
123 STAT. 1096
Land Management. Nothing in this subtitle shall be construed as
limiting access for hunting, fishing, trapping, or recreational
shooting.
SEC. 2003. <> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle B--Prehistoric <>
Trackways National Monument
SEC. 2101. FINDINGS.
Congress finds that--
(1) in 1987, a major deposit of Paleozoic Era fossilized
footprint megatrackways was discovered in the Robledo Mountains
in southern New Mexico;
(2) the trackways contain footprints of numerous amphibians,
reptiles, and insects (including previously unknown species),
plants, and petrified wood dating back approximately 280,000,000
years, which collectively provide new opportunities to
understand animal behaviors and environments from a time
predating the dinosaurs;
(3) title III of Public Law 101-578 (104 Stat. 2860)--
(A) provided interim protection for the site at
which the trackways were discovered; and
(B) directed the Secretary of the Interior to--
(i) prepare a study assessing the significance
of the site; and
(ii) based on the study, provide
recommendations for protection of the
paleontological resources at the site;
(4) the Bureau of Land Management completed the Paleozoic
Trackways Scientific Study Report in 1994, which characterized
the site as containing ``the most scientifically significant
Early Permian tracksites'' in the world;
(5) despite the conclusion of the study and the
recommendations for protection, the site remains unprotected and
many irreplaceable trackways specimens have been lost to
vandalism or theft; and
(6) designation of the trackways site as a National Monument
would protect the unique fossil resources for present and future
generations while allowing for public education and continued
scientific research opportunities.
SEC. 2102. DEFINITIONS.
In this subtitle:
(1) Monument.--The term ``Monument'' means the Prehistoric
Trackways National Monument established by section 2103(a).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
[[Page 1097]]
123 STAT. 1097
SEC. 2103. ESTABLISHMENT.
(a) <> In General.--In order to conserve,
protect, and enhance the unique and nationally important
paleontological, scientific, educational, scenic, and recreational
resources and values of the public land described in subsection (b),
there is established the Prehistoric Trackways National Monument in the
State of New Mexico.
(b) Description of Land.--The Monument shall consist of
approximately 5,280 acres of public land in Dona Ana County, New Mexico,
as generally depicted on the map entitled ``Prehistoric Trackways
National Monument'' and dated December 17, 2008.
(c) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare and submit to
Congress an official map and legal description of the Monument.
(2) Corrections.--The map and legal description submitted
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any clerical or typographical errors in the legal description
and the map.
(3) Conflict between map and legal description.--In the case
of a conflict between the map and the legal description, the map
shall control.
(4) Availability of map and legal description.--Copies of
the map and legal description shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(d) Minor Boundary Adjustments.--If additional paleontological
resources are discovered on public land adjacent to the Monument after
the date of enactment of this Act, the Secretary may make minor boundary
adjustments to the Monument to include the resources in the Monument.
SEC. 2104. ADMINISTRATION.
(a) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and
enhances the resources and values of the Monument,
including the resources and values described in section
2103(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) National landscape conservation system.--The Monument
shall be managed as a component of the National Landscape
Conservation System.
(b) Management Plan.--
(1) <> In general.--Not later than 3 years
after the date of enactment of this Act, the Secretary shall
develop a comprehensive management plan for the long-term
protection and management of the Monument.
(2) Components.--The management plan under paragraph (1)--
(A) shall--
[[Page 1098]]
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 1099]]
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 <> Stanton-Snowy River Cave
National Conservation Area
SEC. 2201. <> DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area'' means
the Fort Stanton-Snowy River Cave National Conservation Area
established by section 2202(a).
(2) Management plan.--The term ``management plan'' means the
management plan developed for the Conservation Area under
section 2203(c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 2202. <> ESTABLISHMENT OF THE FORT
STANTON-SNOWY RIVER CAVE NATIONAL
CONSERVATION AREA.
(a) Establishment; Purposes.--There is established the Fort Stanton-
Snowy River Cave National Conservation Area in Lincoln County, New
Mexico, to protect, conserve, and enhance the unique and nationally
important historic, cultural, scientific, archaeological, natural, and
educational subterranean cave resources of the Fort Stanton-Snowy River
cave system.
(b) Area Included.--The Conservation Area shall include the area
within the boundaries depicted on the map entitled ``Fort Stanton-Snowy
River Cave National Conservation Area'' and dated December 15, 2008.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress a
map and legal description of the Conservation Area.
(2) Effect.--The map and legal description of the
Conservation Area shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any minor errors in the map and legal description.
(3) Public availability.--The map and legal description of
the Conservation Area shall be available for public inspection
in the appropriate offices of the Bureau of Land Management.
[[Page 1100]]
123 STAT. 1100
SEC. 2203. <> MANAGEMENT OF THE
CONSERVATION AREA.
(a) Management.--
(1) In general.--The Secretary shall manage the Conservation
Area--
(A) in a manner that conserves, protects, and
enhances the resources and values of the Conservation
Area, including the resources and values described in
section 2202(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) any other applicable laws.
(2) Uses.--The Secretary shall only allow uses of the
Conservation Area that are consistent with the protection of the
cave resources.
(3) Requirements.--In administering the Conservation Area,
the Secretary shall provide for--
(A) the conservation and protection of the natural
and unique features and environs for scientific,
educational, and other appropriate public uses of the
Conservation Area;
(B) public access, as appropriate, while providing
for the protection of the cave resources and for public
safety;
(C) the continuation of other existing uses or other
new uses of the Conservation Area that do not impair the
purposes for which the Conservation Area is established;
(D) management of the surface area of the
Conservation Area in accordance with the Fort Stanton
Area of Critical Environmental Concern Final Activity
Plan dated March, 2001, or any amendments to the plan,
consistent with this subtitle; and
(E) scientific investigation and research
opportunities within the Conservation Area, including
through partnerships with colleges, universities,
schools, scientific institutions, researchers, and
scientists to conduct research and provide educational
and interpretive services within the Conservation Area.
(b) Withdrawals.--Subject to valid existing rights, all Federal
surface and subsurface land within the Conservation Area and all land
and interests in the land that are acquired by the United States after
the date of enactment of this Act for inclusion in the Conservation
Area, are withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
general land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal
leasing laws.
(c) Management Plan.--
(1) <> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
develop a comprehensive plan for the long-term management of the
Conservation Area.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the Conservation Area;
[[Page 1101]]
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. <> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle D--Snake River Birds of Prey National Conservation Area
SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA.
(a) Renaming.--Public Law 103-64 is amended--
(1) in section 2(2) (16 U.S.C. 460iii-1(2)), by inserting
``Morley Nelson'' before ``Snake River Birds of Prey National
Conservation Area''; and
(2) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
inserting ``Morley Nelson'' before ``Snake River Birds of Prey
National Conservation Area''.
(b) <> References.--Any reference in a
law, map, regulation, document, paper, or other record of the United
States to the Snake River Birds of Prey National Conservation Area shall
be deemed to be a reference to the Morley Nelson Snake River Birds of
Prey National Conservation Area.
(c) Technical Corrections.--Public Law 103-64 is further amended--
(1) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
striking ``(hereafter referred to as the `conservation area')'';
and
(2) in section 4 (16 U.S.C. 460iii-3)--
(A) in subsection (a)(2), by striking ``Conservation
Area'' and inserting ``conservation area''; and
(B) in subsection (d), by striking ``Visitors
Center'' and inserting ``visitors center''.
[[Page 1102]]
123 STAT. 1102
Subtitle E--Dominguez-Escalante National Conservation Area
SEC. 2401. <> DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area'' means
the Dominguez-Escalante National Conservation Area established
by section 2402(a)(1).
(2) Council.--The term ``Council'' means the Dominguez-
Escalante National Conservation Area Advisory Council
established under section 2407.
(3) Management plan.--The term ``management plan'' means the
management plan developed under section 2406.
(4) Map.--The term ``Map'' means the map entitled
``Dominguez-Escalante National Conservation Area'' and dated
September 15, 2008.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(7) Wilderness.--The term ``Wilderness'' means the Dominguez
Canyon Wilderness Area designated by section 2403(a).
SEC. 2402. <> DOMINGUEZ-ESCALANTE
NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Dominguez-
Escalante National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 209,610 acres of public land, as generally
depicted on the Map.
(b) Purposes.--The purposes of the Conservation Area are to conserve
and protect for the benefit and enjoyment of present and future
generations--
(1) the unique and important resources and values of the
land, including the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic
resources of the public land; and
(2) the water resources of area streams, based on seasonally
available flows, that are necessary to support aquatic,
riparian, and terrestrial species and communities.
(c) Management.--
(1) In general.--The Secretary shall manage the Conservation
Area--
(A) as a component of the National Landscape
Conservation System;
(B) in a manner that conserves, protects, and
enhances the resources and values of the Conservation
Area described in subsection (b); and
(C) in accordance with--
(i) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
(ii) this subtitle; and
(iii) any other applicable laws.
(2) Uses.--
[[Page 1103]]
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. <> DOMINGUEZ
CANYON WILDERNESS AREA.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 66,280 acres of public land in Mesa,
Montrose, and Delta Counties, Colorado, as generally depicted on the
Map, is designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Dominguez Canyon
Wilderness Area''.
(b) Administration of Wilderness.--The Wilderness shall be managed
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.) and this subtitle, except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
SEC. 2404. <> MAPS AND LEGAL
DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and a legal description of
the Conservation Area and the Wilderness with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The Map and legal descriptions filed under
subsection (a) shall have the same force and effect as if included in
this subtitle, except that the Secretary may correct clerical and
typographical errors in the Map and legal descriptions.
(c) Public Availability.--The Map and legal descriptions filed under
subsection (a) shall be available for public inspection in the
appropriate offices of the Bureau of Land Management.
[[Page 1104]]
123 STAT. 1104
SEC. 2405. <> MANAGEMENT OF CONSERVATION
AREA AND WILDERNESS.
(a) Withdrawal.--Subject to valid existing rights, all Federal land
within the Conservation Area and the Wilderness and all land and
interests in land acquired by the United States within the Conservation
Area or the Wilderness is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(b) Grazing.--
(1) <> Grazing in conservation
area.--Except as provided in paragraph (2), the Secretary shall
issue and administer any grazing leases or permits in the
Conservation Area in accordance with the laws (including
regulations) applicable to the issuance and administration of
such leases and permits on other land under the jurisdiction of
the Bureau of Land Management.
(2) Grazing in wilderness.--The grazing of livestock in the
Wilderness, if established as of the date of enactment of this
Act, shall be permitted to continue--
(A) subject to any reasonable regulations, policies,
and practices that the Secretary determines to be
necessary; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of
the report of the Committee on Interior and
Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress (H.
Rept. 101-405).
(c) No Buffer Zones.--
(1) In general.--Nothing in this subtitle creates a
protective perimeter or buffer zone around the Conservation
Area.
(2) Activities outside conservation area.--The fact that an
activity or use on land outside the Conservation Area can be
seen or heard within the Conservation Area shall not preclude
the activity or use outside the boundary of the Conservation
Area.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-Federal land
within the boundaries of the Conservation Area or the Wilderness
only through exchange, donation, or purchase from a willing
seller.
(2) Management.--Land acquired under paragraph (1) shall--
(A) become part of the Conservation Area and, if
applicable, the Wilderness; and
(B) be managed in accordance with this subtitle and
any other applicable laws.
(e) Fire, Insects, and Diseases.--Subject to such terms and
conditions as the Secretary determines to be desirable and appropriate,
the Secretary may undertake such measures as are necessary to control
fire, insects, and diseases--
(1) in the Wilderness, in accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)); and
[[Page 1105]]
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 1106]]
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 1107]]
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. <> MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall develop a comprehensive management plan
for the long-term protection and management of the Conservation Area.
(b) Purposes.--The management plan shall--
(1) describe the appropriate uses and management of the
Conservation Area;
(2) be developed with extensive public input;
(3) take into consideration any information developed in
studies of the land within the Conservation Area; and
(4) include a comprehensive travel management plan.
SEC. 2407. <> ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``Dominguez-Escalante National Conservation
Area Advisory Council''.
(b) Duties.--The Council shall advise the Secretary with respect to
the preparation and implementation of the management plan.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--The Council shall include 10 members to be appointed
by the Secretary, of whom, to the extent practicable--
(1) 1 member shall be appointed after considering the
recommendations of the Mesa County Commission;
[[Page 1108]]
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) <> Duration.--The Council shall
terminate on the date that is 1 year from the date on which the
management plan is adopted by the Secretary.
SEC. 2408. <> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle F--Rio Puerco Watershed Management Program
SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.
(a) Rio Puerco Management Committee.--Section 401(b) of the Omnibus
Parks and 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 1109]]
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) <> 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 1110]]
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 1111]]
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 1112]]
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) <> 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) <> 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 1113]]
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 1114]]
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 1115]]
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) <> 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 1116]]
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) <> In general.--Not later than 180
days after the date of enactment of this subsection, the
Secretary of Agriculture shall complete a survey and legal
description of the boundary lines to establish the boundaries of
the trust land.
``(2) Technical corrections.--The Secretary may correct any
technical errors in the survey or legal description completed
under paragraph (1).
``(c) Public Access and Use.--Nothing in this Act prohibits any
approved general public access (through existing easements or by boat)
to, or use of, land remaining within the Lake Tahoe Basin Management
Unit after the conveyance of the land to the Secretary of the Interior,
in trust for the Tribe, under subsection (a), including access to, and
use of, the beach and shoreline areas adjacent to the portion of land
conveyed under that subsection.''.
(3) Date of trust status.--The trust land described in
section 2(a) of Public Law 108-67 (117 Stat. 880) shall be
considered to be taken into trust as of August 1, 2003.
(4) Transfer.--The Secretary of the Interior, acting on
behalf of and for the benefit of the Tribe, shall transfer to
the Secretary of Agriculture administrative jurisdiction over
the land identified as ``Parcel B'' on the map entitled ``Skunk
Harbor Conveyance Correction'' and dated September 12, 2008.
(j) Agreement With Forest Service.--The Secretary of Agriculture, in
consultation with the Tribe, shall develop and implement a cooperative
agreement that ensures regular access by members of the Tribe and other
people in the community of the Tribe across National Forest System land
from the City to Lake Tahoe for cultural and religious purposes.
(k) Artifact Collection.--
(1) <> Notice.--At least 180 days before
conducting any ground disturbing activities on the land
identified as ``Parcel #2'' on the Map, the City shall notify
the Tribe of the proposed activities to provide the Tribe with
adequate time to inventory and collect any artifacts in the
affected area.
(2) Authorized activities.--On receipt of notice under
paragraph (1), the Tribe may collect and possess any artifacts
relating to the Tribe in the land identified as ``Parcel #2'' on
the Map.
[[Page 1117]]
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 <> may elect to retain parcels in the
Transition Area for public recreation or other public purposes
consistent with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.)
by providing to the Secretary written notice of the election.
(4) Noise compatibility requirements.--The City shall--
(A) <> plan and manage the Transition
Area in accordance with section 47504 of title 49,
United States Code (relating to airport noise
compatibility planning), and regulations promulgated in
accordance with that section; and
[[Page 1118]]
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) <> In general.--If any parcel
of land in the Transition Area is not conveyed for
nonresidential development under this section or
reserved for recreation or other public purposes under
paragraph (3) by the date that is 20 years after the
date of enactment of this Act, the parcel of land shall,
at the discretion of the Secretary, revert to the United
States.
(B) Inconsistent use.--If the City uses any parcel
of land within the Transition Area in a manner that is
inconsistent with the uses specified in this
subsection--
(i) at the discretion of the Secretary, the
parcel shall revert to the United States; or
(ii) if the Secretary does not make an
election under clause (i), the City shall sell the
parcel of land in accordance with this subsection.
SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Alta-hualapai site.--The term ``Alta-Hualapai Site''
means the approximately 80 acres of land that is--
(A) patented to the City under the Act of June 14,
1926 (commonly known as the ``Recreation and Public
Purposes Act'') (43 U.S.C. 869 et seq.); and
(B) identified on the map as the ``Alta-Hualapai
Site''.
(2) City.--The term ``City'' means the city of Las Vegas,
Nevada.
(3) Institute.--The term ``Institute'' means the Nevada
Cancer Institute, a nonprofit organization described under
section 501(c)(3) of the Internal Revenue Code of 1986, the
principal place of business of which is at 10441 West Twain
Avenue, Las Vegas, Nevada.
(4) Map.--The term ``map'' means the map titled ``Nevada
Cancer Institute Expansion Act'' and dated July 17, 2006.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(6) Water district.--The term ``Water District'' means the
Las Vegas Valley Water District.
(b) Land Conveyance.--
(1) Survey and legal description.--The City shall prepare a
survey and legal description of the Alta-Hualapai Site. The
survey shall conform to the Bureau of Land Management cadastral
survey standards and be subject to approval by the Secretary.
(2) Acceptance.--The Secretary may accept the relinquishment
by the City of all or part of the Alta-Hualapai Site.
(3) Conveyance for use as nonprofit cancer institute.--After
relinquishment <> of all or part of the Alta-
Hualapai Site to the Secretary, and not later than 180 days
after request of the Institute, the Secretary shall convey to
the Institute, subject to valid existing rights, the portion of
[[Page 1119]]
123 STAT. 1119
the Alta-Hualapai Site that is necessary for the development of
a nonprofit cancer institute.
(4) <> Additional conveyances.--Not later
than 180 days after a request from the City, the Secretary shall
convey to the City, subject to valid existing rights, any
remaining portion of the Alta-Hualapai Site necessary for
ancillary medical or nonprofit use compatible with the mission
of the Institute.
(5) Applicable law.--Any conveyance by the City of any
portion of the land received under this section shall be for no
less than fair market value and the proceeds shall be
distributed in accordance with section 4(e)(1) of Public Law
105-263 (112 Stat. 2345).
(6) Transaction costs.--All land conveyed by the Secretary
under this section shall be at no cost, except that the
Secretary may require the recipient to bear any costs associated
with transfer of title or any necessary land surveys.
(7) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
a report on all transactions conducted under Public Law 105-263
(112 Stat. 2345).
(c) Rights-of-Way.--Consistent with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), the Secretary may grant rights-
of-way to the Water District on a portion of the Alta-Hualapai Site for
a flood control project and a water pumping facility.
(d) Reversion.--Any property conveyed pursuant to this section which
ceases to be used for the purposes specified in this section shall, at
the discretion of the Secretary, revert to the United States, along with
any improvements thereon or thereto.
SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 25 acres of Bureau of Land Management land
identified on the map as ``Lands to be conveyed to Turnabout
Ranch''.
(2) Map.--The term ``map'' means the map entitled
``Turnabout Ranch Conveyance'' dated May 12, 2006, and on file
in the office of the Director of the Bureau of Land Management.
(3) Monument.--The term ``Monument'' means the Grand
Staircase-Escalante National Monument located in southern Utah.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Turnabout ranch.--The term ``Turnabout Ranch'' means the
Turnabout Ranch in Escalante, Utah, owned by Aspen Education
Group.
(b) <> Conveyance of Federal Land to Turnabout
Ranch.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1713), if not later
than 30 days after completion of the appraisal required under
paragraph (2), Turnabout Ranch of Escalante, Utah, submits to
the Secretary an offer to acquire the Federal land for the
appraised value, the Secretary shall, not later
[[Page 1120]]
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 1121]]
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) <> 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 1122]]
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) <> Appraisal.--Not later than 60 days
after the date of enactment of this Act, the Secretary shall
complete an appraisal of the public land. The appraisal shall be
conducted in accordance with the ``Uniform Appraisal Standards
for Federal Land Acquisitions'' and the ``Uniform Standards of
Professional Appraisal Practice''.
(3) <> Payment.--Not later than 30 days
after the date on which the public land is conveyed under this
subsection, the PUD shall pay to the Secretary an amount equal
to the appraised value of the public land as determined under
paragraph (2).
(4) Map and legal descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
finalize legal descriptions of the public land to be conveyed
under this subsection. The Secretary may correct any minor
errors in the map referred to in subsection (a)(1) or in the
legal descriptions. The map and legal descriptions shall be on
file and available for public inspection in appropriate offices
of the Bureau of Land Management.
(5) Costs of conveyance.--As a condition of conveyance, any
costs related to the conveyance under this subsection shall be
paid by the PUD.
(6) Disposition of proceeds.--The Secretary shall deposit
the proceeds from the sale in the Federal Land Disposal Account
established by section 206 of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305) to be expended to improve
access to public lands administered by the Bureau of Land
Management in the State of Washington.
(c) Segregation of Lands.--
(1) <> Withdrawal.--Except as
provided in subsection (b)(1), effective immediately upon
enactment of this Act, and subject to valid existing rights, the
public land is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws, and all amendments thereto;
(B) location, entry, and patenting under the mining
laws, and all amendments thereto; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws, and all
amendments thereto.
(2) <> Duration.--This subsection
expires two years after the date of enactment of this Act or on
the date of the completion of the conveyance under subsection
(b), whichever is earlier.
(d) Retained Authority.--The Secretary shall retain the authority to
place conditions on the license to insure adequate protection and
utilization of the public land granted to the Secretary in section 4(e)
of the Federal Power Act (16 U.S.C. 797(e)) until the Federal Energy
Regulatory Commission has issued a new license for the Wells
Hydroelectric Project, to replace the original license expiring May 31,
2012, consistent with section 15 of the Federal Power Act (16 U.S.C.
808).
[[Page 1123]]
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 1124]]
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) <> Land transfer.--Notwithstanding the
planning requirements of sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
the Secretary of the Interior shall convey, not later than 180
days after the date of the enactment of this Act, to Park City,
Utah, all right, title, and interest of the United States in and
to two parcels of real property located in Park City, Utah, that
are currently under the management jurisdiction of the Bureau of
Land Management and designated as parcel 8 (commonly known as
the White Acre parcel) and parcel 16 (commonly known as the
Gambel Oak parcel). The conveyance shall be subject to all valid
existing rights.
(2) Deed restriction.--The conveyance of the lands under
paragraph (1) shall be made by a deed or deeds containing a
restriction requiring that the lands be maintained as open space
and used solely for public recreation purposes or other purposes
consistent with their maintenance as open space. This
restriction shall not be interpreted to prohibit the
construction or maintenance of recreational facilities,
utilities, or other structures that are consistent with the
maintenance of the lands as open space or its use for public
recreation purposes.
(3) <> Consideration.--In consideration
for the transfer of the land under paragraph (1), Park City
shall pay to the Secretary of the Interior an amount consistent
with conveyances to governmental entities for recreational
purposes under the Act of June 14, 1926 (commonly known as the
Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).
(b) Sale of Bureau of Land Management Land in Park City, Utah, at
Auction.--
(1) <> Sale of land.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of the Interior shall offer for sale any right, title, or
interest of the United States in and to two parcels of real
property located in Park City, Utah, that are currently under
the management jurisdiction of the Bureau of Land Management and
are designated as parcels 17 and 18 in the Park City, Utah,
area. The sale of the land shall be carried out in accordance
with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701) and other applicable law, other than the planning
provisions of sections 202 and 203 of such Act (43 U.S.C. 1712,
1713), and shall be subject to all valid existing rights.
(2) Method of sale.--The sale of the land under paragraph
(1) shall be consistent with subsections (d) and (f) of section
203 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713) through a competitive bidding process and for not
less than fair market value.
[[Page 1125]]
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 1126]]
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 <> later than 90 days after that fieldwork is
completed, that office shall complete the survey.
(e) Legal Descriptions.--
(1) <> Publication.--
On approval by the Community Council of the Tribe of the survey
completed under subsection (d), the Secretary of the Interior
shall publish in the Federal Register--
(A) a legal description of the new boundary lines of
the Tuolumne Rancheria; and
(B) a legal description of the land surveyed under
subsection (d).
(2) <> Effect.--Beginning on the
date on which the legal descriptions are published under
paragraph (1), such legal descriptions shall be the official
legal descriptions of those boundary lines of the Tuolumne
Rancheria and the lands surveyed.
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
Section 323 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105-277), is
amended--
(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 1127]]
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. <> 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 1128]]
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) <> 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 1129]]
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) <> 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 1130]]
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) <> the amount of
consideration for the sale shall reflect fair market
value, as determined by an appraisal; and
(B) <> the City shall pay to the
Secretary an amount equal to the gross proceeds of the
sale, which shall be available, without further
appropriation, for the Tongass National Forest.
SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND CONVEYANCE,
MONTANA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Jefferson County,
Montana.
(2) Map.--The term ``map'' means the map that is--
(A) entitled ``Elkhorn Cemetery'';
(B) dated May 9, 2005; and
(C) on file in the office of the Beaverhead-
Deerlodge National Forest Supervisor.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance to Jefferson County, Montana.--
(1) <> Conveyance.--Not later than 180
days after the date of enactment of this Act and subject to
valid existing rights, the Secretary (acting through the
Regional Forester, Northern Region, Missoula, Montana) shall
convey by quitclaim deed
[[Page 1131]]
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. <> 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 1132]]
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 1133]]
123 STAT. 1133
(II) be available for expenditure,
without further appropriation, for the
acquisition of land and interests in
land in the State.
(4) <> Costs.--Before the completion of
the exchange under this subsection, the Secretaries and the
landowner shall enter into an agreement that allocates the costs
of the exchange among the Secretaries and the landowner.
(5) Applicable law.--Except as otherwise provided in this
section, the exchange of land and interests in land under this
section shall be in accordance with--
(A) section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716); and
(B) other applicable Federal, State, and local laws.
(6) Additional terms and conditions.--The Secretaries may
require, in addition to any requirements under this section,
such terms and conditions relating to the exchange of Federal
land and non-Federal land and the granting of easements under
this section as the Secretaries determine to be appropriate to
protect the interests of the United States.
(7) Completion of the exchange.--
(A) <> In general.--The exchange
of Federal land and non-Federal land shall be completed
not later than 180 days after the later of--
(i) the date on which the requirements of the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) have been met;
(ii) the date on which the Secretary of the
Interior approves the appraisals under paragraph
(3)(B)(iii); or
(iii) the date on which the Secretaries and
the landowner agree on the costs of the exchange
and any other terms and conditions of the exchange
under this subsection.
(B) Notice.--The Secretaries shall submit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of
Representatives notice of the completion of the exchange
of Federal land and non-Federal land under this
subsection.
(c) Administration.--
(1) In general.--The Secretary of the Interior shall
administer the non-Federal land acquired under this section in
accordance with the laws generally applicable to units of the
National Park System, including the Act of August 25, 1916
(commonly known as the ``National Park Service Organic Act'')
(16 U.S.C. 1 et seq.).
(2) Maps.--
(A) In general.--The map shall be on file and
available for public inspection in the appropriate
offices of the Secretaries.
(B) <> Transmittal of revised map
to congress.--Not later than 180 days after completion
of the exchange, the Secretaries shall transmit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of
Representatives a revised map that depicts--
(i) the Federal land and non-Federal land
exchanged under this section; and
[[Page 1134]]
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 1135]]
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 1136]]
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 1137]]
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) <> Consideration.--As consideration
for any conveyance of Federal land under paragraph (1), the
Secretary shall require payment of an amount equal to not less
than the fair market value of the conveyed National Forest
System land.
(4) Relation to other laws.--Any conveyance of Federal land
under paragraph (1) by exchange shall be subject to section 206
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(5) Disposition of proceeds.--Any amounts received by the
Secretary as consideration under subsection (d) or paragraph (3)
shall be--
(A) deposited in the fund established under Public
Law 90-171 (commonly known as the ``Sisk Act'') (16
U.S.C. 484a); and
(B) available to the Secretary, without further
appropriation and until expended, for the acquisition of
land or interests in land to be included in the Wasatch-
Cache National Forest.
(6) Additional terms and conditions.--Any conveyance of
Federal land under paragraph (1) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the
Secretary may require.
SEC. 3308. <> BOUNDARY
ADJUSTMENT, FRANK CHURCH RIVER OF NO
RETURN WILDERNESS.
(a) Purposes.--The purposes of this section are--
(1) to adjust the boundaries of the wilderness area; and
(2) to authorize the Secretary to sell the land designated
for removal from the wilderness area due to encroachment.
(b) Definitions.--In this section:
[[Page 1138]]
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 1139]]
123 STAT. 1139
(B) <> the person buying the land
shall pay--
(i) the costs associated with appraising and,
if the land needs to be resurveyed, resurveying
the land; and
(ii) any analyses and closing costs associated
with the conveyance;
(C) for management purposes, the Secretary may
reconfigure the description of the land for sale; and
(D) the owner of the adjacent private land shall
have the first opportunity to buy the land.
(3) Disposition of proceeds.--
(A) In general.--The Secretary shall deposit the
cash proceeds from a sale of land under paragraph (1) in
the fund established under Public Law 90-171 (commonly
known as the ``Sisk Act'') (16 U.S.C. 484a).
(B) Availability and use.--Amounts deposited under
subparagraph (A)--
(i) shall remain available until expended for
the acquisition of land for National Forest
purposes in the State of Idaho; and
(ii) shall not be subject to transfer or
reprogramming for--
(I) wildland fire management; or
(II) any other emergency purposes.
SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT.
Section 413(b) of the T'uf Shur Bien Preservation Trust Area Act (16
U.S.C. 539m-11) is amended--
(1) in paragraph (1), by inserting ``3,'' after
``sections''; and
(2) in the first sentence of paragraph (4), by inserting ``,
as a condition of the conveyance,'' before ``remain''.
Subtitle E--Colorado Northern Front Range Study
SEC. 3401. PURPOSE.
The purpose of this subtitle is to identify options that may be
available to assist in maintaining the open space characteristics of
land that is part of the mountain backdrop of communities in the
northern section of the Front Range area of Colorado.
SEC. 3402. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(2) State.--The term ``State'' means the State of Colorado.
(3) Study area.--
(A) In general.--The term ``study area'' means the
land in southern Boulder, northern Jefferson, and
northern Gilpin Counties, Colorado, that is located west
of Colorado State Highway 93, south and east of Colorado
State Highway 119, and north of Colorado State Highway
46, as generally depicted on the map entitled ``Colorado
Northern Front Range Mountain Backdrop Protection Study
Act: Study Area'' and dated August 27, 2008.
[[Page 1140]]
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) <> 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 1141]]
123 STAT. 1141
TITLE IV--FOREST LANDSCAPE RESTORATION
SEC. 4001. <> PURPOSE.
The purpose of this title is to encourage the collaborative,
science-based ecosystem restoration of priority forest landscapes
through a process that--
(1) encourages ecological, economic, and social
sustainability;
(2) leverages local resources with national and private
resources;
(3) facilitates the reduction of wildfire management costs,
including through reestablishing natural fire regimes and
reducing the risk of uncharacteristic wildfire; and
(4) demonstrates the degree to which--
(A) various ecological restoration techniques--
(i) achieve ecological and watershed health
objectives; and
(ii) affect wildfire activity and management
costs; and
(B) the use of forest restoration byproducts can
offset treatment costs while benefitting local rural
economies and improving forest health.
SEC. 4002. <> DEFINITIONS.
In this title:
(1) Fund.--The term ``Fund'' means the Collaborative Forest
Landscape Restoration Fund established by section 4003(f).
(2) Program.--The term ``program'' means the Collaborative
Forest Landscape Restoration Program established under section
4003(a).
(3) Proposal.--The term ``proposal'' means a collaborative
forest landscape restoration proposal described in section
4003(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(5) Strategy.--The term ``strategy'' means a landscape
restoration strategy described in section 4003(b)(1).
SEC. 4003. <> COLLABORATIVE FOREST LANDSCAPE
RESTORATION PROGRAM.
(a) In General.--The Secretary, in consultation with the Secretary
of the Interior, shall establish a Collaborative Forest Landscape
Restoration Program to select and fund ecological restoration treatments
for priority forest landscapes in accordance with--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(3) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination under
subsection (c), a collaborative forest landscape restoration proposal
shall--
(1) be based on a landscape restoration strategy that--
(A) is complete or substantially complete;
[[Page 1142]]
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 1143]]
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) <> 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 1144]]
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) <> 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 1145]]
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) <> 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 1146]]
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) <> 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 1147]]
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. <> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to the Secretary and the
Secretary of the Interior such sums as are necessary to carry out this
title.
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
SEC. 5001. FOSSIL CREEK, ARIZONA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 1852) is amended by adding at the end the
following:
``(205) Fossil creek, arizona.--Approximately 16.8 miles of
Fossil Creek from the confluence of Sand Rock and Calf Pen
Canyons to the confluence with the Verde River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The approximately 2.7-mile segment from the
confluence of Sand Rock and Calf Pen Canyons to the
point where the segment exits the Fossil Spring
Wilderness, as a wild river.
``(B) The approximately 7.5-mile segment from where
the segment exits the Fossil Creek Wilderness to the
boundary of the Mazatzal Wilderness, as a recreational
river.
``(C) The 6.6-mile segment from the boundary of the
Mazatzal Wilderness downstream to the confluence with
the Verde River, as a wild river.''.
SEC. 5002. <> SNAKE RIVER
HEADWATERS, WYOMING.
(a) Short Title.--This section may be cited as the ``Craig Thomas
Snake Headwaters Legacy Act of 2008''.
(b) Findings; Purposes.--
(1) Findings.--Congress finds that--
(A) the headwaters of the Snake River System in
northwest Wyoming feature some of the cleanest sources
of
[[Page 1148]]
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) <> 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 1149]]
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 1150]]
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) <> Management.--
(1) In general.--Each river segment described in paragraph
(205) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by subsection (d)) shall be managed by
the Secretary concerned.
(2) Management plan.--
(A) <> In general.--In accordance
with subparagraph (A), not later than 3 years after the
date of enactment of this Act, the Secretary concerned
shall develop a management plan for each river segment
described in paragraph
[[Page 1151]]
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 1152]]
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) <> 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 1153]]
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 1154]]
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) <> 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 1155]]
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) <> Cooperative Agreements.--The
Secretary is authorized to enter into cooperative agreements with the
Commonwealth of Massachusetts (and its political subdivisions), the
State of Connecticut (and its political subdivisions), and other
regional, local, and private organizations deemed necessary and
desirable to accomplish cooperative trail administrative, management,
and protection objectives consistent with the Trail Management
Blueprint. An agreement under this subsection may include provisions for
limited financial assistance to encourage participation in the planning,
acquisition, protection, operation, development, or maintenance of the
trail.
(d) <> Additional Trail Segments.--
Pursuant to section 6 of the National Trails System Act (16 U.S.C.
1245), the Secretary is encouraged to work with the State of New
Hampshire and appropriate local and private organizations to include
that portion of the Metacomet-Monadnock Trail in New Hampshire (which
lies between Royalston, Massachusetts and Jaffrey, New Hampshire) as a
component of the New England National Scenic Trail. Inclusion of this
segment, as well as other potential side or connecting trails, is
contingent upon written application to the Secretary by appropriate
State and local jurisdictions and a finding by the Secretary that trail
management and administration is consistent with the Trail Management
Blueprint.
SEC. 5203. <> ICE AGE FLOODS NATIONAL
GEOLOGIC TRAIL.
(a) Findings; Purpose.--
(1) Findings.--Congress finds that--
(A) at the end of the last Ice Age, some 12,000 to
17,000 years ago, a series of cataclysmic floods
occurred in what is now the northwest region of the
United States, leaving a lasting mark of dramatic and
distinguishing features on the landscape of parts of the
States of Montana, Idaho, Washington and Oregon;
(B) geological features that have exceptional value
and quality to illustrate and interpret this
extraordinary natural phenomenon are present on Federal,
State, tribal, county, municipal, and private land in
the region; and
(C) in 2001, a joint study team headed by the
National Park Service that included about 70 members
from public and private entities completed a study
endorsing the establishment of an Ice Age Floods
National Geologic Trail--
(i) to recognize the national significance of
this phenomenon; and
(ii) to coordinate public and private sector
entities in the presentation of the story of the
Ice Age floods.
(2) <> Purpose.--The purpose of this
section is to designate the Ice Age Floods National Geologic
Trail in the States of Montana, Idaho, Washington, and Oregon,
enabling the public to view, experience, and learn about the
features and story of the Ice Age floods through the
collaborative efforts of public and private entities.
(b) Definitions.--In this section:
[[Page 1156]]
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) <>
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) <> 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 1157]]
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 1158]]
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 1159]]
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 1160]]
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 1161]]
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) <> Study requirements
and objectives.--The study requirements and objectives
specified in subsection (b) shall apply to a study
required by this subsection.
``(C) <> Completion and submission
of study.--A study listed in this subsection shall be
completed and submitted
[[Page 1162]]
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 1163]]
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 1164]]
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. <> EFFECT.
(a) Effect on Access for Recreational Activities.--Nothing in this
title shall be construed as affecting access for recreational
[[Page 1165]]
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. <> 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 1166]]
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. <> PROGRAM.
(a) <> Establishment.--Not later than 180
days after the date of enactment of this Act, the Secretary shall
establish a program, to be known as the ``Cooperative Watershed
Management Program'', under which the Secretary shall provide grants--
(1)(A) to form a watershed group; or
(B) to enlarge a watershed group; and
(2) to conduct 1 or more projects in accordance with the
goals of a watershed group.
(b) Application.--
(1) Establishment of application process; criteria.--Not
later <> than 1 year after the date of
enactment of this Act, the Secretary shall establish--
(A) an application process for the program; and
(B) in consultation with the States, prioritization
and eligibility criteria for considering applications
submitted in accordance with the application process.
(c) Distribution of Grant Funds.--
(1) In general.--In distributing grant funds under this
section, the Secretary--
(A) shall comply with paragraph (2); and
(B) may give priority to watershed groups that--
(i) represent maximum diversity of interests;
or
(ii) serve subbasin-sized watersheds with an
8-digit hydrologic unit code, as defined by the
United States Geological Survey.
(2) Funding procedure.--
(A) First phase.--
[[Page 1167]]
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) <>
Determination.--For each year of a
first-phase grant, not later than 270
days after the date on which a grant
recipient first receives grant funds for
the year, the Secretary shall determine
whether the grant recipient has made
sufficient progress during the year to
justify additional funding.
(II) Effect of determination.--If
the Secretary determines under subclause
(I) that the progress of a grant
recipient during the year covered by the
determination justifies additional
funding, the Secretary shall provide to
the grant recipient grant funds for the
following year.
(iv) Advancement conditions.--A grant
recipient shall not be eligible to receive a
second-phase grant under subparagraph (B) until
the date on which the Secretary determines that
the watershed group--
(I) has approved articles of
incorporation and bylaws governing the
organization; and
(II)(aa) holds regular meetings;
(bb) has completed a mission
statement; and
(cc) has developed a restoration
plan and project concepts for the
watershed.
(v) Exception.--A watershed group that has not
applied for or received first-phase grants may
apply for and receive second-phase grants under
subparagraph (B) if the Secretary determines that
the group has satisfied the requirements of first-
phase grants.
(B) Second phase.--
(i) In general.--A watershed group may apply
for and receive second-phase grants of $1,000,000
each year for a period of not more than 4 years
if--
(I) the watershed group has applied
for and received watershed grants under
subparagraph (A); or
(II) the Secretary determines that
the watershed group has satisfied the
requirements of first-phase grants.
(ii) Mandatory use of funds.--A grant
recipient that receives a second-phase grant shall
use the funds to plan and carry out watershed
management projects.
(iii) Annual determination of eligibility.--
(I) <>
Determination.--For each year of the
second-phase grant, not later than 270
days after the date on which a grant
recipient first receives
[[Page 1168]]
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 1169]]
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 1170]]
123 STAT. 1170
SEC. 6003. <> EFFECT OF SUBTITLE.
Nothing in this subtitle affects the applicability of any Federal,
State, or local law with respect to any watershed group.
Subtitle B--Competitive Status for Federal Employees in Alaska
SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES IN THE
STATE OF ALASKA.
Section 1308 of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3198) is amended by adding at the end the following:
``(e) Competitive Status.--
``(1) In general.--Nothing in subsection (a) provides that
any person hired pursuant to the program established under that
subsection is not eligible for competitive status in the same
manner as any other employee hired as part of the competitive
service.
``(2) <> Redesignation of certain
positions.--
``(A) Persons serving in original positions.--Not
later than 60 days after the date of enactment of this
subsection, with respect to any person hired into a
permanent position pursuant to the program established
under subsection (a) who is serving in that position as
of the date of enactment of this subsection, the
Secretary shall redesignate that position and the person
serving in that position as having been part of the
competitive service as of the date that the person was
hired into that position.
``(B) Persons no longer serving in original
positions.--With respect to any person who was hired
pursuant to the program established under subsection (a)
that is no longer serving in that position as of the
date of enactment of this subsection--
``(i) the person may provide to the Secretary
a request for redesignation of the service as part
of the competitive service that includes evidence
of the employment; and
``(ii) not later than 90 days of the
submission of a request under clause (i), the
Secretary shall redesignate the service of the
person as being part of the competitive
service.''.
Subtitle C--Wolf <> 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 1171]]
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) <> 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) <> when promulgating regulations
to implement the program under paragraph (1), consult with
States that have implemented State programs that provide
assistance to--
(A) livestock producers to undertake proactive
activities to reduce the risk of livestock loss due to
predation by wolves; or
(B) provide compensation to livestock producers for
livestock losses due to such predation.
(c) Eligibility.--To be eligible to receive a grant under subsection
(a), a State or Indian tribe shall--
(1) designate an appropriate agency of the State or Indian
tribe to administer the 1 or more programs funded by the grant;
(2) establish 1 or more accounts to receive grant funds;
(3) <> maintain files of all claims
received under programs funded by the grant, including
supporting documentation;
(4) <> submit to the Secretary--
(A) annual reports that include--
(i) a summary of claims and expenditures under
the program during the year; and
(ii) a description of any action taken on the
claims; and
(B) such other reports as the Secretary may require
to assist the Secretary in determining the effectiveness
of activities provided assistance under this section;
and
(5) <> promulgate rules for reimbursing
livestock producers under the program.
(d) Allocation of Funding.--The Secretaries shall allocate funding
made available to carry out this subtitle--
(1) equally between the uses identified in paragraphs (1)
and (2) of subsection (a); and
(2) among States and Indian tribes based on--
(A) the level of livestock predation in the State or
on the land owned by, or held in trust for the benefit
of, the Indian tribe;
(B) whether the State or Indian tribe is located in
a geographical area that is at high risk for livestock
predation; or
(C) any other factors that the Secretaries determine
are appropriate.
[[Page 1172]]
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. <> 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 1173]]
123 STAT. 1173
SEC. 6302. <> MANAGEMENT.
(a) In General.--The Secretary shall manage and protect
paleontological resources on Federal land using scientific principles
and expertise. <> The Secretary shall develop appropriate
plans for inventory, monitoring, and the scientific and educational use
of paleontological resources, in accordance with applicable agency laws,
regulations, and policies. These plans shall emphasize interagency
coordination and collaborative efforts where possible with non-Federal
partners, the scientific community, and the general public.
(b) Coordination.--To the extent possible, the Secretary of the
Interior and the Secretary of Agriculture shall coordinate in the
implementation of this subtitle.
SEC. 6303. <> PUBLIC AWARENESS AND
EDUCATION PROGRAM.
The Secretary shall establish a program to increase public awareness
about the significance of paleontological resources.
SEC. 6304. <> COLLECTION OF
PALEONTOLOGICAL RESOURCES.
(a) Permit Requirement.--
(1) In general.--Except as provided in this subtitle, a
paleontological resource may not be collected from Federal land
without a permit issued under this subtitle by the Secretary.
(2) Casual collecting exception.--The Secretary 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 1174]]
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. <> CURATION OF RESOURCES.
Any paleontological resource, and any data and records associated
with the resource, collected under a permit, shall be deposited in an
approved repository. The Secretary may enter into agreements with non-
Federal repositories regarding the curation of these resources, data,
and records.
SEC. 6306. <> PROHIBITED ACTS; CRIMINAL
PENALTIES.
(a) In General.--A person may not--
(1) excavate, remove, damage, or otherwise alter or deface
or attempt to excavate, remove, damage, or otherwise alter or
deface any paleontological resources located on Federal land
unless such activity is conducted in accordance with this
subtitle;
(2) exchange, transport, export, receive, or offer to
exchange, transport, export, or receive any paleontological
resource if the person knew or should have known such resource
to have been excavated or removed from Federal land in violation
of any provisions, rule, regulation, law, ordinance, or permit
in effect under Federal law, including this subtitle; or
(3) sell or purchase or offer to sell or purchase any
paleontological resource if the person knew or should have known
such resource to have been excavated, removed, sold, purchased,
exchanged, transported, or received from Federal land.
(b) False Labeling Offenses.--A person may not make or submit any
false record, account, or label for, or any false identification of, any
paleontological resource excavated or removed from Federal land.
(c) Penalties.--A person who knowingly violates or counsels,
procures, solicits, or employs another person to violate subsection (a)
or (b) shall, upon conviction, be fined in accordance with title 18,
United States Code, or imprisoned not more than 5 years, or both; but if
the sum of the commercial and paleontological value of the
paleontological resources involved and the cost of restoration and
repair of such resources does not exceed $500, such person shall be
fined in accordance with title 18, United States Code, or imprisoned not
more than 2 years, or both.
[[Page 1175]]
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. <> CIVIL PENALTIES.
(a) In General.--
(1) <> Hearing.--A person who violates
any prohibition contained in an applicable regulation or permit
issued under this subtitle may be assessed a penalty by the
Secretary after the person is given notice and opportunity for a
hearing with respect to the violation. Each violation shall be
considered a separate offense for purposes of this section.
(2) <> Amount of penalty.--The amount
of such penalty assessed under paragraph (1) shall be determined
under regulations promulgated pursuant to this subtitle, taking
into account the following factors:
(A) The scientific or fair market value, whichever
is greater, of the paleontological resource involved, as
determined by the Secretary.
(B) The cost of response, restoration, and repair of
the resource and the paleontological site involved.
(C) Any other factors considered relevant by the
Secretary assessing the penalty.
(3) Multiple offenses.--In the case of a second or
subsequent violation by the same person, the amount of a penalty
assessed under paragraph (2) may be doubled.
(4) Limitation.--The amount of any penalty assessed under
this subsection for any 1 violation shall not exceed an amount
equal to double the cost of response, restoration, and repair of
resources and paleontological site damage plus double the
scientific or fair market value of resources destroyed or not
recovered.
(b) <> Petition for Judicial Review; Collection
of Unpaid Assessments.--
(1) Judicial review.--Any person against whom an order is
issued assessing a penalty under subsection (a) may file a
petition for judicial review of the order in the United States
District Court for the District of Columbia or in the district
in which the violation is alleged to have occurred within the
30-day period beginning on the date the order making the
assessment was issued. <> Upon notice of such
filing, the Secretary shall promptly file such a certified copy
of the record on which the order was issued. The court shall
hear the action on the record made before the Secretary and
shall sustain the action if it is supported by substantial
evidence on the record considered as a whole.
(2) Failure to pay.--If any person fails to pay a penalty
under this section within 30 days--
(A) after the order making assessment has become
final and the person has not filed a petition for
judicial review of the order in accordance with
paragraph (1); or
(B) after a court in an action brought in paragraph
(1) has entered a final judgment upholding the
assessment
[[Page 1176]]
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. <> 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. <> 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 1177]]
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. <>
REGULATIONS.
As soon as practical after the date of enactment of this Act, the
Secretary shall issue such regulations as are appropriate to carry out
this subtitle, providing opportunities for public notice and comment.
SEC. 6311. <> SAVINGS PROVISIONS.
Nothing in this subtitle shall be construed to--
(1) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under the general mining laws, the mineral
or geothermal leasing laws, laws providing for minerals
materials disposal, or laws providing for the management or
regulation of the activities authorized by the aforementioned
laws including but not limited to the Federal Land Policy
Management Act (43 U.S.C. 1701-1784), Public Law 94-429
(commonly known as the ``Mining in the Parks Act'') (16 U.S.C.
1901 et seq.), the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201-1358), and the Organic Administration Act
(16 U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under existing laws and authorities
relating to reclamation and multiple uses of Federal land;
(3) apply to, or require a permit for, casual collecting of
a rock, mineral, or invertebrate or plant fossil that is not
protected under this subtitle;
(4) affect any land other than Federal land or affect the
lawful recovery, collection, or sale of paleontological
resources from land other than Federal land;
(5) alter or diminish the authority of a Federal agency
under any other law to provide protection for paleontological
resources on Federal land in addition to the protection provided
under this subtitle; or
(6) create any right, privilege, benefit, or entitlement for
any person who is not an officer or employee of the United
States acting in that capacity. No person who is not an officer
or employee of the United States acting in that capacity shall
have standing to file any civil action in a court of the United
States to enforce any provision or amendment made by this
subtitle.
SEC. 6312. <> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
Subtitle E--Izembek <> National
Wildlife Refuge Land Exchange
SEC. 6401. DEFINITIONS.
In this subtitle:
[[Page 1178]]
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) <> In General.--
Upon receipt of notification by the State and the Corporation of the
intention of the State and the Corporation to exchange the non-Federal
land for the Federal land, subject to the conditions and requirements
described in this subtitle, the Secretary may convey to the State all
right, title, and interest of the United States in and to the Federal
land. The Federal land within the Refuge shall be transferred for the
purpose of constructing a single-lane gravel road between the
communities of King Cove and Cold Bay, Alaska.
(b) Compliance With National Environmental Policy Act of 1969 and
Other Applicable Laws.--
(1) In general.--In determining whether to carry out the
land exchange under subsection (a), the Secretary shall--
(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) except as provided in subsection (c), comply
with any other applicable law (including regulations).
(2) Environmental impact statement.--
(A) <> In general.--Not later than
60 days after the date on which the Secretary receives
notification under subsection (a), the Secretary shall
initiate the preparation of an environmental impact
statement required under the
[[Page 1179]]
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) <> 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 1180]]
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) <> Federal Permits.--It is the intent of
Congress that any Federal permit required for construction of the road
be issued
[[Page 1181]]
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 1182]]
123 STAT. 1182
(B) administered in accordance with the laws
generally applicable to units of the National Wildlife
Refuge System.
(3) <> Wilderness additions.--
(A) In general.--Upon completion of the land
exchange under section 6402(a), approximately 43,093
acres of land as generally depicted on the map shall be
added to--
(i) the Izembek National Wildlife Refuge
Wilderness; or
(ii) the Alaska Peninsula National Wildlife
Refuge Wilderness.
(B) Administration.--The land added as wilderness
under subparagraph (A) shall be administered by the
Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and other applicable laws
(including regulations).
SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.
(a) Notification To Void Land Exchange.--If the Secretary, the
State, and the Corporation enter into the land exchange authorized under
section 6402(a), the State or the Corporation may notify the Secretary
in writing of the intention of the State or Corporation to void the
exchange if construction of the road through the Refuge has not begun.
(b) Disposition of Land Exchange.--Upon the latter of the date on
which the Secretary receives a request under subsection (a), and the
date on which the Secretary determines that the Federal land conveyed
under the land exchange under section 6402(a) has not been adversely
impacted (other than any nominal impact associated with the preparation
of an environmental impact statement under section 6402(b)(2)), the land
exchange shall be null and void.
(c) Return of Prior Ownership Status of Federal and Non-Federal
Land.--If the land exchange is voided under subsection (b)--
(1) the Federal land and non-Federal land shall be returned
to the respective ownership status of each land prior to the
land exchange;
(2) the parcel of the Federal land that is located in the
Refuge shall be managed as part of the Izembek National Wildlife
Refuge Wilderness; and
(3) each selection of the Corporation under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that was
relinquished under this subtitle shall be reinstated.
SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.
(a) In General.--Any legislative authority for construction of a
road shall expire at the end of the 7-year period beginning on the date
of the enactment of this subtitle unless a construction permit has been
issued during that period.
(b) Extension of Authority.--If a construction permit is issued
within the allotted period, the 7-year authority shall be extended for a
period of 5 additional years beginning on the date of issuance of the
construction permit.
(c) Extension of Authority as Result of Legal Challenges.--
(1) In general.--Prior to the issuance of a construction
permit, if a lawsuit or administrative appeal is filed
challenging
[[Page 1183]]
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. <> 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 1184]]
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) <> the State or City,
as appropriate, has entered into a written
agreement with the Secretary to donate--
(aa) the Great Falls State Park,
including facilities for Park
administration and visitor services; or
(bb) any portion of the Great Falls
State Park agreed to between the
Secretary and the State or City; and
(ii) the Secretary has entered into a written
agreement with the State, City, or other public
entity, as appropriate, providing that--
(I) land owned by the State, City,
or other public entity within the
Historic District will be managed
consistent with this section; and
(II) future uses of land within the
Historic District will be compatible
with the designation of the Park.
(2) Purpose.--The purpose of the Park is to preserve and
interpret for the benefit of present and future generations
certain historical, cultural, and natural resources associated
with the Historic District.
(3) Boundaries.--The Park shall include the following sites,
as generally depicted on the Map:
(A) The upper, middle, and lower raceways.
(B) Mary Ellen Kramer (Great Falls) Park and
adjacent land owned by the City.
(C) A portion of Upper Raceway Park, including the
Ivanhoe Wheelhouse and the Society for Establishing
Useful Manufactures Gatehouse.
(D) Overlook Park and adjacent land, including the
Society for Establishing Useful Manufactures
Hydroelectric Plant and Administration Building.
(E) The Allied Textile Printing site, including the
Colt Gun Mill ruins, Mallory Mill ruins, Waverly Mill
ruins, and Todd Mill ruins.
(F) The Rogers Locomotive Company Erecting Shop,
including the Paterson Museum.
(G) The Great Falls Visitor Center.
(4) Availability of map.--The Map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(5) <>
Publication of notice.--Not later than 60 days after the date on
which the conditions in clauses (i) and (ii) of paragraph (1)(B)
are satisfied, the Secretary shall publish in the Federal
Register notice of the establishment of the Park, including an
official boundary map for the Park.
(c) Administration.--
(1) In general.--The Secretary shall administer the Park in
accordance with--
(A) this section; and
[[Page 1185]]
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 1186]]
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) <> 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 1187]]
123 STAT. 1187
(iv) 2 members shall have experience with
national parks and historic preservation.
(B) <> Initial appointments.--The
Secretary shall appoint the initial members of the
Commission not later than the earlier of--
(i) the date that is 30 days after the date on
which the Secretary has received all of the
recommendations for appointments under
subparagraph (A); or
(ii) the date that is 30 days after the Park
is established in accordance with subsection (b).
(4) Term; vacancies.--
(A) Term.--
(i) In general.--A member shall be appointed
for a term of 3 years.
(ii) Reappointment.--A member may be
reappointed for not more than 1 additional term.
(B) Vacancies.--A vacancy on the Commission shall be
filled in the same manner as the original appointment
was made.
(5) Meetings.--The Commission shall meet at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(6) Quorum.--A majority of the Commission shall constitute a
quorum.
(7) Chairperson and vice chairperson.--
(A) In general.--The Commission shall select a
Chairperson and Vice Chairperson from among the members
of the Commission.
(B) Vice chairperson.--The Vice Chairperson shall
serve as Chairperson in the absence of the Chairperson.
(C) Term.--A member may serve as Chairperson or Vice
Chairman for not more than 1 year in each office.
(8) Commission personnel matters.--
(A) Compensation of members.--
(i) In general.--Members of the Commission
shall serve without compensation.
(ii) Travel expenses.--Members of the
Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or
regular place of business of the member in the
performance of the duties of the Commission.
(B) Staff.--
(i) In general.--The Secretary shall provide
the Commission with any staff members and
technical assistance that the Secretary, after
consultation with the Commission, determines to be
appropriate to enable the Commission to carry out
the duties of the Commission.
(ii) Detail of employees.--The Secretary may
accept the services of personnel detailed from--
(I) the State;
(II) any political subdivision of
the State; or
[[Page 1188]]
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) <> In general.--Not later than 3
fiscal years after the date on which funds are made available to
carry out this section, the Secretary shall complete a study
regarding the preservation and interpretation of Hinchliffe
Stadium, which is listed on the National Register of Historic
Places.
(2) Inclusions.--The study shall include an assessment of--
(A) the potential for listing the stadium as a
National Historic Landmark; and
(B) options for maintaining the historic integrity
of Hinchliffe Stadium.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7002. <> WILLIAM JEFFERSON
CLINTON BIRTHPLACE HOME NATIONAL
HISTORIC SITE.
(a) Acquisition of Property; Establishment of Historic Site.--Should
the Secretary of the Interior acquire, by donation only from the Clinton
Birthplace Foundation, Inc., fee simple, unencumbered title to the
William Jefferson Clinton Birthplace Home site located at 117 South
Hervey Street, Hope, Arkansas, 71801, and to any personal property
related to that site, the Secretary shall designate the William
Jefferson Clinton Birthplace Home site as a National Historic Site and
unit of the National Park System, to be known as the ``President William
Jefferson Clinton Birthplace Home National Historic Site''.
(b) Applicability of Other Laws.--The Secretary shall administer the
President William Jefferson Clinton Birthplace Home National Historic
Site in accordance with the laws generally applicable to national
historic sites, including the Act entitled ``An Act to establish a
National Park Service, and for other purposes'', approved August 25,
1916 (16 U.S.C. 1-4), and the Act entitled ``An Act to provide for the
preservation of historic American sites, buildings, objects and
antiquities of national significance, and for other purposes'', approved
August 21, 1935 (16 U.S.C. 461 et seq.).
SEC. 7003. <> RIVER RAISIN
NATIONAL BATTLEFIELD PARK.
(a) Establishment.--
(1) In general.--If Monroe County or Wayne County, Michigan,
or other willing landowners in either County offer to donate to
the United States land relating to the Battles of the River
Raisin on January 18 and 22, 1813, or the aftermath of the
battles, the Secretary of the Interior (referred to in this
section as the ``Secretary'') shall accept the donated land.
(2) Designation of park.--On the acquisition of land under
paragraph (1) that is of sufficient acreage to permit efficient
administration, the Secretary shall designate the acquired land
as a unit of the National Park System, to be
[[Page 1189]]
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) <> 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 1190]]
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. <> 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 1191]]
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. <> HOPEWELL CULTURE NATIONAL HISTORICAL
PARK BOUNDARY EXPANSION.
Section 2 of the Act entitled ``An Act to rename and expand the
boundaries of the Mound City Group National Monument in Ohio'', approved
May 27, 1992 (106 Stat. 185), <> is amended--
(1) by striking ``and'' at the end of subsection (a)(3);
(2) by striking the period at the end of subsection (a)(4)
and inserting ``; and'';
(3) by adding after subsection (a)(4) the following new
paragraph:
``(5) the map entitled `Hopewell Culture National Historical
Park, Ohio Proposed Boundary Adjustment' numbered 353/80,049 and
dated June, 2006.''; and
(4) by adding after subsection (d)(2) the following new
paragraph:
``(3) The Secretary may acquire lands added by subsection
(a)(5) only from willing sellers.''.
SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE
BOUNDARY ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and Recreation
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
striking ``of approximately twenty thousand acres generally depicted on
the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical
Park and Preserve' numbered 90,000B and dated April 1978,'' and
inserting ``generally depicted on the map entitled `Boundary Map,
Barataria Preserve Unit, Jean Lafitte National Historical Park and
Preserve', numbered 467/80100A, and dated December 2007,''.
(b) Acquisition of Land.--Section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that
follows through the first sentence and inserting the
following:
``(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any
land, water, and interests in land and water within the
Barataria Preserve Unit by donation, purchase with
donated or appropriated funds, transfer from any other
Federal agency, or exchange.
``(B) Limitations.--
``(i) In general.--Any non-Federal land
depicted on the map described in section 901 as
`Lands Proposed for Addition' may be acquired by
the Secretary only with the consent of the owner
of the land.
``(ii) Boundary adjustment.--On the date on
which the Secretary acquires a parcel of land
described in clause (i), the boundary of the
Barataria Preserve Unit shall be adjusted to
reflect the acquisition.
[[Page 1192]]
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 <> 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 1193]]
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) <> In general.--Any reference
in a law (including regulations), map, document, paper, or other
record of the United States--
(A) to the Barataria Marsh Unit shall be considered
to be a reference to the Barataria Preserve Unit; or
(B) <> to the
Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte
National Historical Park and Preserve.
(2) Conforming amendments.--Title IX of the National Parks
and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
(A) <> by striking
``Barataria Marsh Unit'' each place it appears and
inserting ``Barataria Preserve Unit''; and
(B) <> by striking
``Jean Lafitte National Historical Park'' each place it
appears and inserting ``Jean Lafitte National Historical
Park and Preserve''.
SEC. 7106. <> MINUTE MAN
NATIONAL HISTORICAL PARK.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Minute
Man National Historical Park Proposed Boundary'', numbered 406/
81001, and dated July 2007.
(2) Park.--The term ``Park'' means the Minute Man National
Historical Park in the State of Massachusetts.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Minute Man National Historical Park.--
(1) Boundary adjustment.--
(A) In general.--The boundary of the Park is
modified to include the area generally depicted on the
map.
(B) Availability of map.--The map shall be on file
and available for inspection in the appropriate offices
of the National Park Service.
(2) Acquisition of land.--The Secretary may acquire the land
or an interest in the land described in paragraph (1)(A) by--
(A) purchase from willing sellers with donated or
appropriated funds;
(B) donation; or
(C) exchange.
(3) Administration of land.--The Secretary shall administer
the land added to the Park under paragraph (1)(A) in accordance
with applicable laws (including regulations).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7107. <> EVERGLADES NATIONAL
PARK.
(a) Inclusion of Tarpon Basin Property.--
(1) Definitions.--In this subsection:
(A) Hurricane hole.--The term ``Hurricane Hole''
means the natural salt-water body of water within the
[[Page 1194]]
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 1195]]
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 1196]]
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. <> 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 1197]]
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. <> 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 1198]]
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. <> THOMAS EDISON NATIONAL
HISTORICAL PARK, NEW JERSEY.
(a) Purposes.--The purposes of this section are--
(1) to recognize and pay tribute to Thomas Alva Edison and
his innovations; and
(2) to preserve, protect, restore, and enhance the Edison
National Historic Site to ensure public use and enjoyment of the
Site as an educational, scientific, and cultural center.
(b) Establishment.--
(1) In general.--There is established the Thomas Edison
National Historical Park as a unit of the National Park System
(referred to in this section as the ``Historical Park'').
(2) Boundaries.--The Historical Park shall be comprised of
all property owned by the United States in the Edison National
Historic Site as well as all property authorized to be acquired
by the Secretary of the Interior (referred to in this section as
the ``Secretary'') for inclusion in the Edison National Historic
Site before the date of the enactment of this Act, as generally
depicted on the map entitled the ``Thomas Edison National
Historical Park'', numbered 403/80,000, and dated April 2008.
(3) Map.--The map of the Historical Park shall be on file
and available for public inspection in the appropriate offices
of the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
Historical Park in accordance with this section and with the
provisions of law generally applicable to units of the National
Park System, including the Acts entitled ``An Act to establish a
National Park Service, and for other purposes,'' approved August
25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and ``An Act to
provide for the preservation of historic American sites,
buildings, objects, and antiquities of national significance,
and for other purposes,'' approved August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Acquisition of property.--
(A) Real property.--The Secretary may acquire land
or interests in land within the boundaries of the
Historical Park, from willing sellers only, by donation,
purchase with donated or appropriated funds, or
exchange.
(B) Personal property.--The Secretary may acquire
personal property associated with, and appropriate for,
interpretation of the Historical Park.
(3) Cooperative agreements.--The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the Historical Park.
(4) Repeal of superseded law.--Public Law 87-628 (76 Stat.
428), <> regarding the establishment
and administration of the Edison National Historic Site, is
repealed.
(5) <> References.--Any reference
in a law, map, regulation, document, paper, or other record of
the United States to the
[[Page 1199]]
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. <> WOMEN'S RIGHTS
NATIONAL HISTORICAL PARK.
(a) Votes for Women Trail.--Title XVI of Public Law 96-607 (16
U.S.C. 410ll) is amended by adding at the end the following:
``SEC. 1602. <> VOTES FOR WOMEN TRAIL.
``(a) Definitions.--In this section:
``(1) Park.--The term `Park' means the Women's Rights
National Historical Park established by section 1601.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
``(3) State.--The term `State' means the State of New York.
``(4) Trail.--The term `Trail' means the Votes for Women
History Trail Route designated under subsection (b).
``(b) Establishment of Trail Route.--The Secretary, with concurrence
of the agency having jurisdiction over the relevant roads, may designate
a vehicular tour route, to be known as the `Votes for Women History
Trail Route', to link properties in the State that are historically and
thematically associated with the struggle for women's suffrage in the
United States.
``(c) Administration.--The Trail shall be administered by the
National Park Service through the Park.
``(d) Activities.--To facilitate the establishment of the Trail and
the dissemination of information regarding the Trail, the Secretary
shall--
``(1) produce and disseminate appropriate educational
materials regarding the Trail, such as handbooks, maps,
exhibits, signs, interpretive guides, and electronic
information;
``(2) coordinate the management, planning, and standards of
the Trail in partnership with participating properties, other
Federal agencies, and State and local governments;
``(3) create and adopt an official, uniform symbol or device
to mark the Trail; and
``(4) <> issue guidelines for the use of
the symbol or device adopted under paragraph (3).
``(e) Elements of Trail Route.--Subject to the consent of the owner
of the property, the Secretary may designate as an official stop on the
Trail--
``(1) all units and programs of the Park relating to the
struggle for women's suffrage;
``(2) other Federal, State, local, and privately owned
properties that the Secretary determines have a verifiable
connection to the struggle for women's suffrage; and
``(3) other governmental and nongovernmental facilities and
programs of an educational, commemorative, research, or
interpretive nature that the Secretary determines to be directly
related to the struggle for women's suffrage.
``(f) Cooperative Agreements and Memoranda of Understanding.--
``(1) In general.--To facilitate the establishment of the
Trail and to ensure effective coordination of the Federal and
[[Page 1200]]
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) <> Updates.--The Secretary shall
ensure that the National Register travel itinerary website
entitled ``Places Where Women Made History'' is updated to
contain--
(A) the results of the inventory conducted under
paragraph (1); and
(B) any links to websites related to places on the
inventory.
(4) Cost-sharing requirement.--The Federal share of the cost
of any activity carried out using any assistance made available
under this subsection shall be 50 percent.
(5) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$1,000,000 for each of fiscal years 2009 through 2013.
(c) National Women's Rights History Project Partnerships Network.--
(1) Grants.--The Secretary may make matching grants and give
technical assistance for development of a network of
governmental and nongovernmental entities (referred to in this
subsection as the ``network''), the purpose of which is to
provide interpretive and educational program development of
national women's rights history, including historic
preservation.
(2) Management of network.--
(A) <> In general.--The
Secretary shall, through a competitive process,
designate a nongovernmental managing network to manage
the network.
(B) Coordination.--The nongovernmental managing
entity designated under subparagraph (A) shall work in
partnership with the Director of the National Park
Service and State historic preservation offices to
coordinate operation of the network.
(3) Cost-sharing requirement.--
[[Page 1201]]
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. <> MARTIN VAN BUREN
NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Martin Van Buren National Historic Site in the State of New York
established by Public Law 93-486 (16 U.S.C. 461 note) on October
26, 1974.
(2) Map.--The term ``map'' means the map entitled ``Boundary
Map, Martin Van Buren National Historic Site'', numbered ``460/
80801'', and dated January 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Boundary Adjustments to the Historic Site.--
(1) Boundary adjustment.--The boundary of the historic site
is adjusted to include approximately 261 acres of land
identified as the ``PROPOSED PARK BOUNDARY'', as generally
depicted on the map.
(2) Acquisition authority.--The Secretary may acquire the
land and any interests in the land described in paragraph (1)
from willing sellers by donation, purchase with donated or
appropriated funds, or exchange.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(4) Administration.--Land acquired for the historic site
under this section shall be administered as part of the historic
site in accordance with applicable law (including regulations).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7113. <> PALO ALTO BATTLEFIELD NATIONAL
HISTORICAL PARK.
(a) Designation of Palo Alto Battlefield National Historical Park.--
(1) <> In general.--The Palo
Alto Battlefield National Historic Site shall be known and
designated as the ``Palo Alto Battlefield National Historical
Park''.
(2) <> References.--Any
reference in a law, map, regulation, document, paper, or other
record of the United States to the historic site referred to in
subsection (a) shall be deemed to be a reference to the Palo
Alto Battlefield National Historical Park.
(3) Conforming amendments.--The Palo Alto Battlefield
National Historic Site Act of 1991 (16 U.S.C. 461 note; Public
Law 102-304) is amended--
(A) by striking ``National Historic Site'' each
place it appears and inserting ``National Historical
Park'';
[[Page 1202]]
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. <> 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 1203]]
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) <> is amended by inserting ``duties''
before ``of the''.
(j) Cuyahoga Valley National Park.--Section 474(12) of the
Consolidated Natural Resources Act of 2008 (Public Law 1110-229; 122
Stat. 827) <> is amended by striking
``Cayohoga'' each place it appears and inserting ``Cuyahoga''.
(k) Pennsylvania Avenue National Historic Site.--
(1) Name on map.--Section 313(d)(1)(B) of the Department of
the Interior and Related Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321-199; <> 40 U.S.C. 872 note) is amended by striking ``map
entitled `Pennsylvania Avenue National Historic Park', dated
June 1, 1995, and numbered 840-82441'' and inserting ``map
entitled `Pennsylvania Avenue National Historic Site', dated
August 25, 2008, and numbered 840-82441B''.
[[Page 1204]]
123 STAT. 1204
(2) <> References.--Any reference
in a law, map, regulation, document, paper, or other record of
the United States to the Pennsylvania Avenue National Historic
Park shall be deemed to be a reference to the ``Pennsylvania
Avenue National Historic Site''.
SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK,
OHIO.
(a) Additional Areas Included in Park.--Section 101 of the Dayton
Aviation Heritage Preservation Act of 1992 <> (16
U.S.C. 410ww, et seq.) is amended by adding at the end the following:
``(c) Additional Sites.--In addition to the sites described in
subsection (b), the park shall consist of the following sites, as
generally depicted on a map titled `Dayton Aviation Heritage National
Historical Park', numbered 362/80,013 and dated May 2008:
``(1) Hawthorn Hill, Oakwood, Ohio.
``(2) The Wright Company factory and associated land and
buildings, Dayton, Ohio.''.
(b) Protection of Historic Properties.--Section 102 of the Dayton
Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww-1) is
amended--
(1) in subsection (a), by inserting ``Hawthorn Hill, the
Wright Company factory,'' after ``, acquire'';
(2) in subsection (b), by striking ``Such agreements'' and
inserting:
``(d) Conditions.--Cooperative agreements under this section'';
(3) by inserting before subsection (d) (as added by
paragraph 2) the following:
``(c) Cooperative Agreements.--The Secretary is authorized to enter
into a cooperative agreement with a partner or partners, including the
Wright Family Foundation, to operate and provide programming for
Hawthorn Hill and charge reasonable fees notwithstanding any other
provision of law, which may be used to defray the costs of park
operation and programming.''; and
(4) by striking ``Commission'' and inserting ``Aviation
Heritage Foundation''.
(c) Grant Assistance.--The Dayton Aviation Heritage Preservation Act
of 1992, is amended--
(1) by redesignating subsection (b) of section
108 <> as subsection (c); and
(2) by inserting after subsection (a) of section 108 the
following new subsection:
``(b) Grant Assistance.--The Secretary is authorized to make grants
to the parks' partners, including the Aviation Trail, Inc., the Ohio
Historical Society, and Dayton History, for projects not requiring
Federal involvement other than providing financial assistance, subject
to the availability of appropriations in advance identifying the
specific partner grantee and the specific project. Projects funded
through these grants shall be limited to construction and development on
non-Federal property within the boundaries of the park. Any project
funded by such a grant shall support the purposes of the park, shall be
consistent with the park's general management plan, and shall enhance
public use and enjoyment of the park.''.
(d) National Aviation Heritage Area.--Title V of division J of the
Consolidated Appropriations Act, 2005 (16 U.S.C. 461 note; Public Law
108-447), is amended--
[[Page 1205]]
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) <> 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 1206]]
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. <> 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 1207]]
123 STAT. 1207
associated with Alexander Hamilton's life on St. Croix in the
United States Virgin Islands.
(2) <> Contents.--In conducting the
study under paragraph (1), the Secretary shall evaluate--
(A) the national significance of the sites and
resources; and
(B) the suitability and feasibility of designating
the sites and resources as a unit of the National Park
System.
(3) <> Criteria.--The criteria for
the study of areas for potential inclusion in the National Park
System contained in section 8 of Public Law 91-383 (16 U.S.C.
1a-5) shall apply to the study under paragraph (1).
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph
(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report containing--
(A) the results of the study; and
(B) any findings, conclusions, and recommendations
of the Secretary.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE.
(a) Study.--
(1) <> In general.--Not later than 3 years
after the date on which funds are made available to carry out
this section, the Secretary of the Interior (referred to in this
section as the ``Secretary'') shall complete a special resource
study of the Harriet Beecher Stowe House in Brunswick, Maine, to
evaluate--
(A) the national significance of the Harriet Beecher
Stowe House and surrounding land; and
(B) the suitability and feasibility of designating
the Harriet Beecher Stowe House and surrounding land as
a unit of the National Park System.
(2) Study guidelines.--In conducting the study authorized
under paragraph (1), the Secretary shall use the criteria for
the study of areas for potential inclusion in the National Park
System contained in section 8(c) of Public Law 91-383 (16 U.S.C.
1a-5(c)).
(b) Report.--On completion of the study required under subsection
(a), the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives a report containing the findings, conclusions,
and recommendations of the study.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA.
(a) Special Resources Study.--The Secretary of the Interior
(referred to in this section as the ``Secretary'') shall conduct a
special resource study relating to the Battle of Shepherdstown in
Shepherdstown, West Virginia, to evaluate--
[[Page 1208]]
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 1209]]
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. <> BATTLE OF MATEWAN SPECIAL
RESOURCE STUDY.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall conduct a special resource study of
the sites and resources at Matewan, West Virginia, associated with the
Battle of Matewan (also known as the ``Matewan Massacre'') of May 19,
1920, to determine--
(1) the suitability and feasibility of designating certain
historic areas of Matewan, West Virginia, as a unit of the
National Park System; and
(2) the methods and means for the protection and
interpretation of the historic areas by the National Park
Service, other Federal, State, or local government entities, or
private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
historic areas.
SEC. 7209. BUTTERFIELD OVERLAND TRAIL.
(a) <> In General.--The Secretary of the
Interior (referred to in this section as the ``Secretary'') shall
conduct a special resource study along the route known as the ``Ox-Bow
Route'' of the Butterfield Overland Trail (referred to in this section
as the ``route'') in the States of Missouri, Tennessee, Arkansas,
Oklahoma, Texas, New Mexico, Arizona, and California to evaluate--
(1) a range of alternatives for protecting and interpreting
the resources of the route, including alternatives for potential
addition of the Trail to the National Trails System; and
(2) the methods and means for the protection and
interpretation of the route by the National Park Service, other
[[Page 1210]]
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. <> 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 1211]]
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) <