[104th Congress Public Law 333]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ333.104]
[[Page 110 STAT. 4093]]
Public Law 104-333
104th Congress
An Act
To provide for the administration of certain Presidio properties at
minimal cost to <<NOTE: Nov. 12, 1996 - [H.R. 4236]>> the Federal
taxpayer, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Omnibus Parks
and Public Lands Management Act of 1996. 16 USC 1 note.>>
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ``Omnibus Parks and Public Lands
Management Act of 1996''.
Sec. 1. Short title and table of contents.
DIVISION I
TITLE I--THE PRESIDIO OF SAN FRANCISCO
Sec. 101. Findings.
Sec. 102. Authority and responsibility of the Secretary of the Interior.
Sec. 103. Establishment of the Presidio Trust.
Sec. 104. Duties and authorities of the Trust.
Sec. 105. Limitations on funding.
Sec. 106. General Accounting Office study.
TITLE II--BOUNDARY ADJUSTMENTS AND CONVEYANCES
Sec. 201. Yucca House National Monument boundary adjustment.
Sec. 202. Zion National Park boundary adjustment.
Sec. 203. Pictured Rocks National Lakeshore boundary adjustment.
Sec. 204. Independence National Historical Park boundary adjustment.
Sec. 205. Craters of the Moon National Monument boundary adjustment.
Sec. 206. Hagerman Fossil Beds National Monument boundary adjustment.
Sec. 207. Wupatki National Monument boundary adjustment.
Sec. 208. Walnut Canyon National Monument boundary modification.
Sec. 209. Butte County, California land conveyance.
Sec. 210. Taos Pueblo land transfer.
Sec. 211. Colonial National Historical Park.
Sec. 212. Cuprum, Idaho relief.
Sec. 213. Relinquishment of interest.
Sec. 214. Modoc National Forest.
Sec. 215. Conveyance to City of Sumpter, Oregon.
Sec. 216. Cumberland Gap National Historical Park.
Sec. 217. Alpine School District.
Sec. 218. Merced Irrigation District land exchange.
Sec. 219. Father Aull site transfer.
Sec. 220. Coastal Barrier Resources System.
Sec. 221. Conveyance to Del Norte County Unified School District.
TITLE III--EXCHANGES
Sec. 301. Targhee National Forest land exchange.
Sec. 302. Anaktuvuk Pass land exchange.
Sec. 303. Alaska Peninsula subsurface consolidation.
Sec. 304. Snowbasin Land Exchange Act.
Sec. 305. Arkansas and Oklahoma land exchange.
Sec. 306. Big Thicket National Preserve.
Sec. 307. Lost Creek land exchange.
Sec. 308. Cleveland National Forest land exchange.
[[Page 110 STAT. 4094]]
Sec. 309. Sand Hollow land exchange.
Sec. 310. Bureau of Land Management authorization for fiscal years 1997
through 2002.
Sec. 311. Kenai Natives Association land exchange.
TITLE IV--RIVERS AND TRAILS
Sec. 401. Rio Puerco watershed.
Sec. 402. Old Spanish Trail.
Sec. 403. Great Western Scenic Trail.
Sec. 404. Hanford Reach Preservation.
Sec. 405. Lamprey Wild and Scenic River.
Sec. 406. West Virginia National Rivers Amendments of 1996.
Sec. 407. Technical amendment to the Wild and Scenic Rivers Act.
Sec. 408. Protection of North St. Vrain Creek, Colorado.
TITLE V--HISTORIC AREAS AND CIVIL RIGHTS
Sec. 501. The Selma to Montgomery National Historic Trail.
Sec. 502. Vancouver National Historic Reserve.
Sec. 503. Extension of Kaloko-Honokohau Advisory Commission.
Sec. 504. Amendment to Boston National Historic Park Act.
Sec. 505. Women's Rights National Historic Park.
Sec. 506. Black Patriots Memorial Extention.
Sec. 507. Historically black colleges and universities historic building
restoration and preservation.
Sec. 508. Memorial to Martin Luther King, Jr.
Sec. 509. Advisory Council on Historic Preservation reauthorization.
Sec. 510. Great Falls Historic District, New Jersey.
Sec. 511. New Bedford National Historic Landmark District.
Sec. 512. Nicodemus National Historic Site.
Sec. 513. Unalaska.
Sec. 514. Japanese American Patriotism Memorial.
Sec. 515. Manzanar National Historic Site.
Sec. 516. Recognition and designation of the AIDS Memorial Grove as
national
memorial.
TITLE VI--CIVIL AND REVOLUTIONARY WAR SITES
Sec. 601. United States Civil War Center.
Sec. 602. Corinth, Mississippi, Battlefield Act.
Sec. 603. Revolutionary War and War of 1812 Historic Preservation Study.
Sec. 604. American battlefield protection program.
Sec. 605. Chickamauga and Chattanooga National Military Parks.
Sec. 606. Shenandoah Valley battlefields.
Sec. 607. Washita Battlefield.
TITLE VII--FEES
Sec. 701. Ski area permit rental charge.
Sec. 702. Delaware Water Gap.
Sec. 703. Glacier Bay National Park.
TITLE VIII--MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT PROVISIONS
Sec. 801. Limitation on park buildings.
Sec. 802. Appropriations for transportation of children.
Sec. 803. Feral burros and horses.
Sec. 804. Authorities of the Secretary of the Interior relating to
museums.
Sec. 805. Volunteers in parks increase.
Sec. 806. Carl Garner Federal Lands Cleanup Day.
Sec. 807. Fort Pulaski National Monument, Georgia.
Sec. 808. Laura C. Hudson Visitor Center.
Sec. 809. Robert J. Lagomarsino Visitor Center.
Sec. 810. Expenditure of funds outside authorized boundary of Rocky
Mountain
National Park.
Sec. 811. Dayton aviation.
Sec. 812. Prohibition on certain transfers of national forest lands.
Sec. 813. Grand Lake Cemetery.
Sec. 814. National Park Service administrative reform.
Sec. 815. William B. Smullin Visitor Center.
Sec. 816. Calumet Ecological Park.
Sec. 817. Acquisition of certain property on Santa Cruz Island.
Sec. 818. National Park Agreements.
[[Page 110 STAT. 4095]]
TITLE IX--HERITAGE AREAS
Sec. 901. Blackstone River Valley National Heritage Corridor.
Sec. 902. Illinois and Michigan Canal National Heritage Corridor.
TITLE X--MISCELLANEOUS
Subtitle A--Tallgrass Prairie National Preserve
Sec. 1001. Short title.
Sec. 1002. Findings and purposes.
Sec. 1003. Definitions.
Sec. 1004. Establishment of Tallgrass Prairie National Preserve.
Sec. 1005. Administration of National Preserve.
Sec. 1006. Limited authority to acquire.
Sec. 1007. Advisory Committee.
Sec. 1008. Restriction on authority.
Sec. 1009. Authorization of appropriations.
Subtitle B--Sterling Forest
Sec. 1011. Palisades Interstate Park Commission.
Subtitle C--Additional Provisions
Sec. 1021. Recreation lakes.
Sec. 1022. Bisti/De-Na-Zin Wilderness expansion and fossil forest
protection.
Sec. 1023. Opal Creek Wilderness and Scenic Recreation Area.
Sec. 1024. Upper Klamath Basin ecological restoration projects.
Sec. 1025. Deschutes Basin ecosystem restoration projects.
Sec. 1026. Bull Run protection.
Sec. 1027. Oregon Islands Wilderness, additions.
Sec. 1028. Umpqua River land exchange study: policy and direction.
Sec. 1029. Boston Harbor Islands Recreation Area.
Sec. 1030. Natchez National Historical Park.
Sec. 1031. Substitution of timber for canceled timber sale.
Sec. 1032. Rural electric and telephone facilities.
Sec. 1033. Federal borough recognition.
Sec. 1034. Extension of statute of limitations.
Sec. 1035. Regulation of fishing in certain waters of Alaska.
Sec. 1036. Credit for reconveyance.
Sec. 1037. Radio site report.
TITLE XI--CALIFORNIA BAY DELTA ENVIRONMENTAL ENHANCEMENT
Sec. 1101. Program funding.
DIVISION II
TITLE I--NATIONAL COAL HERITAGE AREA
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Establishment.
Sec. 104. Contractual agreement.
Sec. 105. Eligible resources.
Sec. 106. Coal heritage management plan.
Sec. 107. Sunset.
Sec. 108. Authorization of appropriations.
TITLE II--TENNESSEE CIVIL WAR HERITAGE AREA
Sec. 201. Findings and purposes.
Sec. 202. Definitions.
Sec. 203. Tennessee Civil War Heritage Area.
Sec. 204. Compact.
Sec. 205. Management.
Sec. 206. Duties and authorities of Secretary.
Sec. 207. Savings provisions.
Sec. 208. Sunset.
Sec. 209. Authorization of appropriations.
TITLE III--AUGUSTA CANAL NATIONAL HERITAGE AREA
Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Designation of Augusta Canal National Heritage Area.
Sec. 304. Management.
[[Page 110 STAT. 4096]]
Sec. 305. Management plan.
Sec. 306. Grants and technical assistance.
Sec. 307. Acquisition of real property.
Sec. 308. Occupational, safety, conservation, and environmental
regulation.
Sec. 309. Land use regulation.
Sec. 310. Sunset.
Sec. 311. Authorization of appropriations.
TITLE IV--STEEL INDUSTRY HERITAGE PROJECT
Sec. 401. Short title.
Sec. 402. Findings and purpose.
Sec. 403. Steel Industry American Heritage Area.
Sec. 404. Compact.
Sec. 405. Management plan.
Sec. 406. Authorities and duties of management entity.
Sec. 407. Duties and authorities of Federal agencies.
Sec. 408. Sunset.
Sec. 409. Authorization of appropriations.
TITLE V--ESSEX NATIONAL HERITAGE AREA
Sec. 501. Findings and purpose.
Sec. 502. Definitions.
Sec. 503. Designation of National Heritage Area.
Sec. 504. Management entity.
Sec. 505. Duties of the Secretary.
Sec. 506. Private property.
Sec. 507. Sunset.
Sec. 508. Authorization of appropriations.
TITLE VI--SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR
Sec. 601. Short title.
Sec. 602. Findings and purpose.
Sec. 603. Definitions.
Sec. 604. South Carolina National Heritage Corridor.
Sec. 605. Management entity.
Sec. 606. Duties of the Secretary.
Sec. 607. Sunset.
Sec. 608. Authorization of appropriations.
TITLE VII--AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP
Sec. 701. Findings and purposes.
Sec. 702. Definitions.
Sec. 703. Establishment of the America's Agricultural Heritage
Partnership.
Sec. 704. Establishment of the America's Agricutural Heritage
Partnership
management entity.
Sec. 705. Partnership management plan.
Sec. 706. Land use regulation and private property protection.
Sec. 707. Sunset.
Sec. 708. Authorization of appropriations.
TITLE VIII--OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR
Sec. 801. Short title.
Sec. 802. Findings and purpose.
Sec. 803. Definitions.
Sec. 804. Ohio & Erie Canal National Heritage Corridor.
Sec. 805. The Ohio & Erie National Canal Heritage Corridor Committee.
Sec. 806. Powers and duties of the National Heritage Corridor Committee.
Sec. 807. Management entity.
Sec. 808. Duties of the management entity.
Sec. 809. Duties and authorities of Federal agencies.
Sec. 810. Lack of effect on land use regulation and private property.
Sec. 811. Sunset.
Sec. 812. Authorization of appropriations.
TITLE IX--HUDSON RIVER VALLEY NATIONAL HERITAGE AREA
Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Purposes.
Sec. 904. Hudson River Valley American Heritage Area.
Sec. 905. Compact.
[[Page 110 STAT. 4097]]
Sec. 906. Management plan.
Sec. 907. Authorities and duties of management entities.
Sec. 908. Duties and authorities of Federal agencies.
Sec. 909. Authorization of appropriations.
Sec. 910. Sunset.
DIVISION I
TITLE I--THE PRESIDIO OF SAN FRANCISCO
<<NOTE: 16 USC 460bb note.>> SEC. 101. FINDINGS.
The Congress finds that--
(1) the Presidio, located amidst the incomparable scenic
splendor of the Golden Gate, is one of America's great natural
and historic sites;
(2) the Presidio is the oldest continuously operated
military post in the Nation dating from 1776, and was designated
a National Historic Landmark in 1962;
(3) preservation of the cultural and historic integrity of
the Presidio for public use recognizes its significant role in
the history of the United States;
(4) the Presidio, in its entirety, is a part of the Golden
Gate National Recreation Area, in accordance with Public Law 92-
589;
(5) as part of the Golden Gate National Recreation Area, the
Presidio's significant natural, historic, scenic, cultural, and
recreational resources must be managed in a manner which is
consistent with sound principles of land use planning and
management, and which protects the Presidio from development and
uses which would destroy the scenic beauty and historic and
natural character of the area and cultural and recreational
resources;
(6) removal and/or replacement of some structures within the
Presidio must be considered as a management option in the
administration of the Presidio; and
(7) the Presidio will be managed through an innovative
public/private partnership that minimizes cost to the United
States Treasury and makes efficient use of private sector
resources.
<<NOTE: 16 USC 460bb note.>> SEC. 102. AUTHORITY AND
RESPONSIBILITY OF THE SECRETARY OF THE
INTERIOR.
(a) Interim Authority.--The Secretary of the Interior (hereinafter
in this title referred to as the ``Secretary'') is authorized to manage
leases in existence on the date of this Act for properties under the
administrative jurisdiction of the Secretary and located at the
Presidio. Upon the expiration of any such lease, the Secretary may
extend such lease for a period terminating not later than 6 months after
the first meeting of the Presidio Trust. The Secretary may not enter
into any new leases for property at the Presidio to be transferred to
the Presidio Trust under this title, however, the Secretary is
authorized to enter into agreements for use and occupancy of the
Presidio properties which are assignable to the Trust and are terminable
with 30 days notice. Prior to the transfer of administrative
jurisdiction over any property to the Presidio Trust, and
notwithstanding section 1341 of title 31 of the United
[[Page 110 STAT. 4098]]
States Code, the proceeds from any such lease shall be retained by the
Secretary and such proceeds shall be available, without further
appropriation, for the preservation, restoration, operation and
maintenance, improvement, repair and related expenses incurred with
respect to Presidio properties. The Secretary may adjust the rental
charge on any such lease for any amounts to be expended by the lessee
for preservation, maintenance, restoration, improvement, repair and
related expenses with respect to properties and infrastructure within
the Presidio.
(b) Public Information and Interpretation.--The Secretary shall be
responsible, in cooperation with the Presidio Trust, for providing
public interpretive services, visitor orientation and educational
programs on all lands within the Presidio.
(c) Other.--Those lands and facilities within the Presidio that are
not transferred to the administrative jurisdiction of the Presidio Trust
shall continue to be managed by the Secretary. The Secretary and the
Presidio Trust shall cooperate to ensure adequate public access to all
portions of the Presidio. Any infrastructure and building improvement
projects that were funded prior to the enactment of this Act shall be
completed by the National Park Service.
(d) Park Service Employees.--(1) Any career employee of the National
Park Service, employed at the Presidio at the time of the transfer of
lands and facilities to the Presidio Trust, shall not be separated from
the Service by reason of such transfer, unless such employee is employed
by the Trust, other than on detail. Notwithstanding section 3503 of
title 5, United States Code, the Trust shall have sole discretion over
whether to hire any such employee or request a detail of such employee.
(2) Any career employee of the National Park Service employed at the
Presidio on the date of enactment of this title shall be given priority
placement for any available position within the National Park System
notwithstanding any priority reemployment lists, directives, rules,
regulations or other orders from the Department of the Interior, the
Office of Management and Budget, or other Federal agencies.
<<NOTE: 16 USC 460bb note.>> SEC. 103. ESTABLISHMENT OF THE PRESIDIO
TRUST.
(a) Establishment.--There is established a wholly owned government
corporation to be known as the Presidio Trust (hereinafter in this title
referred to as the ``Trust'').
(b) Transfer.--(1) Within 60 days after receipt of a request from
the Trust for the transfer of any parcel within the area depicted as
Area B on the map entitled ``Presidio Trust Number 1'', dated December
7, 1995, the Secretary shall transfer such parcel to the administrative
jurisdiction of the Trust. Within 1 year after the first meeting of the
Board of Directors of the Trust, the
Secretary shall transfer to the Trust administrative jurisdiction over
all remaining parcels within Area B. Such map shall be on file and
available for public inspection in the offices of the Trust and in the
offices of the National Park Service, Department of the Interior. The
Trust and the Secretary may jointly make technical and clerical
revisions in the boundary depicted on such map. The Secretary shall
retain jurisdiction over those portions of the building identified as
number 102 as the Secretary deems essential for use as a visitor
center. <<NOTE: Federal buildings and facilities.>> The Building shall
be named the ``William Penn Mott Visitor Center''. Any parcel of land,
the jurisdiction over which is transferred pursuant to this subsection,
shall remain
[[Page 110 STAT. 4099]]
within the boundary of the Golden Gate National Recreation Area. With
the consent of the Secretary, the Trust may at any time transfer to the
administrative jurisdiction of the Secretary any other properties within
the Presidio which are surplus to the needs of the Trust and which serve
essential purposes of the Golden Gate National Recreation Area. The
Trust is encouraged to transfer to the administrative jurisdiction of
the Secretary open space areas which have high public use potential and
are contiguous to other lands administrated by the Secretary.
(2) Within 60 days after the first meeting of the Board of Directors
of the Trust, the Trust and the Secretary shall determine cooperatively
which records, equipment, and other personal property are deemed to be
necessary for the immediate administration of the properties to be
transferred, and the Secretary shall immediately transfer such personal
property to the Trust. Within 1 year after the first meeting of the
Board of Directors of the Trust, the Trust and the Secretary shall
determine cooperatively what, if any, additional records, equipment, and
other personal property used by the Secretary in the administration of
the properties to be transferred should be transferred to the Trust.
(3) The Secretary shall transfer, with the transfer of
administrative jurisdiction over any property, the unobligated balance
of all funds appropriated to the Secretary, all leases, concessions,
licenses, permits, and other agreements affecting such property.
(4) At the request of the Trust, the Secretary shall provide funds
to the Trust for preparation of the program required under section
104(c) of this title, hiring of initial staff and other activities
deemed by the Trust as essential to the establishment of the Trust prior
to the transfer of properties to the Trust.
(c) Board of Directors.--
(1) In general.--The powers and management of the Trust
shall be vested in a Board of Directors (hereinafter referred to
as the ``Board'') consisting of the following 7 members:
(A) The Secretary of the Interior or the Secretary's
designee.
(B) <<NOTE: President.>> 6 individuals, who are not
employees of the Federal Government, appointed by the
President, who shall possess extensive knowledge and
experience in one or more of the fields of city
planning, finance, real estate development, and resource
conservation. At least one of these individuals shall be
a veteran of the Armed Services. At least 3 of these
individuals shall reside in the San Francisco Bay Area.
The President shall make the appointments referred to in
this subparagraph within 90 days after the enactment of
this Act and shall ensure that the fields of city
planning, finance, real estate development, and resource
conservation are adequately represented. Upon
establishment of the Trust, the Chairman of the Board of
Directors of the Trust shall meet with the Chairman of
the Energy and Natural Resources Committee of the United
States Senate and the Chairman of the Resources
Committee of the United States House of Representatives.
(2) Terms.--Members of the Board appointed under paragraph
(1)(B) shall each serve for a term of 4 years, except that of
the members first appointed, 3 shall serve for a term of 2
years. Any vacancy in the Board shall be filled in the same
manner in which the original appointment was made,
[[Page 110 STAT. 4100]]
and any member appointed to fill a vacancy shall serve for the
remainder of that term for which his or her predecessor was
appointed. No appointed member may serve more than 8 years in
consecutive terms.
(3) Quorum.--Four members of the Board shall constitute a
quorum for the conduct of business by the Board.
(4) Organization and compensation.--The Board shall organize
itself in such a manner as it deems most appropriate to
effectively carry out the authorized activities of the Trust.
Board members shall serve without pay, but may be reimbursed for
the actual and necessary travel and subsistence expenses
incurred by them in the performance of the duties of the Trust.
(5) Liability of directors.--Members of the Board of
Directors shall not be considered Federal employees by virtue of
their membership on the Board, except for purposes of the
Federal Tort Claims Act and the Ethics in Government Act, and
the provisions of chapter 11 of title 18, United States Code.
(6) Meetings.--The Board shall meet at least three times per
year in San Francisco and at least two of those meetings shall
be open to the public. Upon a majority vote, the Board
may <<NOTE: Procedures. Public information.>> close any other
meetings to the public. The Board shall establish procedures for
providing public information and opportunities for public
comment regarding policy, planning, and design issues. The Board
may establish procedures for providing public information and
opportunities for public comment regarding policy, planning, and
design issues through the Golden Gate National Recreation Area
Advisory
Commission.
(7) Staff.--The Trust is authorized to appoint and fix the
compensation and duties of an executive director and such other
officers and employees as it deems necessary without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and may pay them
without regard to the provisions of chapter 51, and subchapter
III of chapter 53, title 5, United States Code, relating to
classification and General Schedule pay rates.
(8) Necessary powers.--The Trust shall have all
necessary and proper powers for the exercise of the authorities
vested in it.
(9) Taxes.--The Trust and all properties administered by the
Trust shall be exempt from all taxes and special assessments of
every kind by the State of California, and its political
subdivisions, including the City and County of San Francisco.
(10) Government corporation.--(A) The Trust shall be treated
as a wholly owned Government corporation subject to chapter 91
of title 31, United States Code (commonly referred to as the
Government Corporation Control Act). Financial statements of the
Trust shall be audited annually in accordance with section 9105
of title 31 of the United States Code.
<<NOTE: Reports.>> (B) At the end of each calendar year, the
Trust shall submit to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Resources of the House of Representatives a comprehensive and
detailed report of its operations, activities, and
accomplishments for the prior fiscal year. The report also shall
include a section
[[Page 110 STAT. 4101]]
that describes in general terms the Trust's goals for the
current fiscal year.
<<NOTE: 16 USC 460bb note.>> SEC. 104. DUTIES AND AUTHORITIES OF THE
TRUST.
(a) Overall Requirements of the Trust.--The Trust shall manage the
leasing, maintenance, rehabilitation, repair and improvement of property
within the Presidio under its administrative jurisdiction using the
authorities provided in this section, which shall be exercised in
accordance with the purposes set forth in section 1 of the Act entitled
``An Act to establish the Golden Gate National Recreation Area in the
State of California, and for other purposes'', approved October 27, 1972
(Public Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb), and in accordance
with the general objectives of the General Management Plan (hereinafter
referred to as the ``management plan'') approved for the Presidio.
(b) Authorities.--The Trust may participate in the development of
programs and activities at the properties transferred to the Trust,
except that the Trust shall have the authority to negotiate and enter
into such agreements, leases, contracts and other arrangements with any
person, firm, association, organization, corporation or governmental
entity, including, without limitation, entities of Federal, State and
local governments as are necessary and appropriate to carry out its
authorized activities. Any such agreement may be entered into without
regard to section 321 of the Act of June 30, 1932 (40 U.S.C.
303b). <<NOTE: Procedures. Contracts.>> The Trust shall establish
procedures for lease agreements and other agreements for use and
occupancy of Presidio facilities, including a requirement that in
entering into such agreements the Trust shall obtain reasonable
competition. The Trust may not dispose of or convey fee title to any
real property transferred to it under this title. Federal laws and
regulations governing procurement by Federal agencies shall not apply to
the Trust, with the exception of laws and regulations related to Federal
government contracts governing working conditions and wage rates,
including the provisions of sections 276a-276a-6 of title 40, United
States Code (Davis-Bacon Act), and any civil rights provisions otherwise
applicable thereto. <<NOTE: Procedures. Contracts.>> The Trust, in
consultation with the Administrator of Federal Procurement Policy, shall
establish and promulgate procedures applicable to the Trust's
procurement of goods and services including, but not limited to, the
award of contracts on the basis of contractor qualifications, price,
commercially reasonable buying practices, and reasonable competition.
(c) Management Program.--The Trust shall develop a comprehensive
program for management of those lands and facilities within the Presidio
which are transferred to the administrative jurisdiction of the Trust.
Such program shall be designed to reduce expenditures by the National
Park Service and increase revenues to the Federal Government to the
maximum extent possible. In carrying out this program, the Trust shall
be treated as a successor in interest to the National Park Service with
respect to compliance with the National Environmental Policy Act and
other environmental compliance statutes. Such program shall consist of--
(1) demolition of structures which in the opinion of the
Trust, cannot be cost-effectively rehabilitated, and which are
identified in the management plan for demolition,
(2) evaluation for possible demolition or replacement those
buildings identified as categories 2 through 5 in the Presidio
[[Page 110 STAT. 4102]]
of San Francisco Historic Landmark District Historic American
Buildings Survey Report, dated 1985,
(3) new construction limited to replacement of existing
structures of similar size in existing areas of development, and
(4) examination of a full range of reasonable options for
carrying out routine administrative and facility management
programs.
The Trust shall consult with the Secretary in the preparation of this
program.
(d) Financial Authorities.--To augment or encourage the use of non-
Federal funds to finance capital improvements on
Presidio properties transferred to its jurisdiction, the Trust, in
addition to its other authorities, shall have the following authorities
subject to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.):
(1) The authority to guarantee any lender against loss of
principal or interest on any loan: Provided, That--
(A) the terms of the guarantee are approved by the
Secretary of the Treasury;
(B) adequate subsidy budget authority is provided in
advance in appropriations Acts; and
(C) such guarantees are structured so as to minimize
potential cost to the Federal Government. No loan
guarantee under this title shall cover more than 75
percent of the unpaid balance of the loan. The Trust may
collect a fee sufficient to cover its costs in
connection with each loan guaranteed under this title.
The authority to enter into any such loan guarantee
agreement shall expire at the end of 15 years after the
date of enactment of this title.
(2) The authority, subject to appropriations, to make loans
to the occupants of property managed by the Trust for the
preservation, restoration, maintenance, or repair of such
property.
(3) The authority to issue obligations to the Secretary of
the Treasury, but only if the Secretary of the Treasury agrees
to purchase such obligations after determining that the projects
to be funded from the proceeds thereof are credit worthy and
that a repayment schedule is established and only to the extent
authorized in advance in appropriations acts. The Secretary of
the Treasury is authorized to use as a public debt transaction
the proceeds from the sale of any securities issued under
chapter 31 of title 31, United States Code, and the purposes for
which securities may be issued under such chapter are extended
to include any purchase of such notes or obligations acquired by
the Secretary of the Treasury under this subsection. Obligations
issued under this subparagraph shall be in such forms and
denominations, bearing such maturities, and subject to such
terms and conditions, as may be prescribed by the
Secretary of the Treasury, and shall bear interest at a rate
determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities. No
funds appropriated to the Trust may be used for repayment of
principal or interest on, or redemption of, obligations issued
under this paragraph.
[[Page 110 STAT. 4103]]
(4) The aggregate amount of obligations issued under this
subsection which are outstanding at any one time may not exceed
$50,000,000.
(e) Donations.--The Trust may solicit and accept donations of funds,
property, supplies, or services from individuals, foundations,
corporations, and other private or public entities for the purpose of
carrying out its duties. The Trust is encouraged to maintain a liaison
with the Golden Gate National Park Association.
(f) Public Agency.--The Trust shall be deemed to be a public agency
for purposes of entering into joint exercise of powers agreements
pursuant to California government code section 6500 and related
provisions of that Code.
(g) Proceeds.--Notwithstanding section 1341 of title 31 of the
United States Code, all proceeds received by the Trust shall be retained
by the Trust, and such proceeds shall be available, without further
appropriation, for the administration, preservation, restoration,
operation and maintenance, improvement, repair and related expenses
incurred with respect to Presidio properties under its administrative
jurisdiction. The Secretary of the Treasury shall invest excess moneys
of the Trust in public debt securities which shall bear interest at
rates determined by the Secretary of the Treasury taking into
consideration the current average market yield on outstanding marketable
obligations of the United States of comparable maturity.
(h) Suits.--The Trust may sue and be sued in its own name to the
same extent as the Federal Government. Litigation arising out of the
activities of the Trust shall be conducted by the Attorney General;
except that the Trust may retain private attorneys to provide advice and
counsel. The District Court for the Northern District of California
shall have exclusive jurisdiction over any suit filed against the Trust.
(i) Memorandum of Agreement.--The Trust shall enter into a
Memorandum of Agreement with the Secretary, acting through the Chief of
the United States Park Police, for the conduct of law enforcement
activities and services within those portions of the Presidio
transferred to the administrative jurisdiction of the Trust.
(j) Bylaws, Rules, and Regulations.--The Trust may adopt, amend,
repeal, and enforce bylaws, rules and regulations governing the manner
in which its business may be conducted and the powers vested in it may
be exercised. The Trust is authorized, in consultation with the
Secretary, to adopt and to enforce those rules and regulations that are
applicable to the Golden Gate National Recreation Area and that may be
necessary and appropriate to carry out its duties and responsibilities
under this title. <<NOTE: Federal Register publication.>> The Trust
shall give notice of the adoption of such rules and regulations by
publication in the Federal Register.
(k) Direct Negotiations.--For the purpose of compliance with
applicable laws and regulations concerning properties transferred to the
Trust by the Secretary, the Trust shall negotiate directly with
regulatory authorities.
(l) Insurance.--The Trust shall require that all leaseholders and
contractors procure proper insurance against any loss in connection with
properties under lease or contract, or the authorized activities granted
in such lease or contract, as is reasonable and customary.
[[Page 110 STAT. 4104]]
(m) Building Code Compliance.--The Trust shall bring all properties
under its administrative jurisdiction into compliance with Federal
building codes and regulations appropriate to use and occupancy within
10 years after the enactment of this title to the extent practicable.
(n) Leasing.--In managing and leasing the properties transferred to
it, the Trust shall consider the extent to which prospective tenants
contribute to the implementation of the General Management Plan for the
Presidio and to the reduction of cost to the Federal Government. The
Trust shall give priority to the following categories of tenants:
Tenants that enhance the financial viability of the Presidio and tenants
that facilitate the cost-effective preservation of historic buildings
through their reuse of such buildings.
(o) Reversion.--If, at the expiration of 15 years, the Trust has not
accomplished the goals and objectives of the plan required in section
105(b) of this title, then all property under the administrative
jurisdiction of the Trust pursuant to section 103(b) of this title shall
be transferred to the Administrator of the General
Services Administration to be disposed of in accordance with the
procedures outlined in the Defense Authorization Act of 1990 (104 Stat.
1809), and any real property so transferred shall be deleted from the
boundary of the Golden
Gate National Recreation Area. In the event of such transfer, the terms
and conditions of all agreements and loans regarding such lands and
facilities entered into by the Trust shall be binding on any successor
in interest.
<<NOTE: 16 USC 460bb note.>> SEC. 105. LIMITATIONS ON FUNDING.
(a)(1) From amounts made available to the Secretary for the
operation of areas within the Golden Gate National Recreation Area, not
more than $25,000,000 shall be available to carry out this title in each
fiscal year after the enactment of this title until the plan is
submitted under subsection (b). Such sums shall remain available until
expended.
(2) After the plan required in subsection (b) is submitted, and for
each of the 14 fiscal years thereafter, there are authorized to be
appropriated to the Trust not more than the amounts specified in such
plan. Such sums shall remain available until expended. Of such sums, not
more than $3,000,000 annually shall be available through the Trust for
law enforcement activities and services to be provided by the United
States Park Police at the Presidio in accordance with section 104(h) of
this title.
(b) Within 1 year after the first meeting of the Board of Directors
of the Trust, the Trust shall submit to Congress a plan which includes a
schedule of annual decreasing federally appropriated funding that will
achieve, at a minimum, self-sufficiency for the Trust within 15 complete
fiscal years after such meeting of the Trust. No further funds shall be
authorized for the Trust 15 years after the first meeting of the Board
of Directors of the Trust.
(c) The Administrator of the General Services Administration shall
provide necessary assistance, including detailees as necessary, to the
Trust in the formulation and submission of the annual budget request for
the administration, operation, and maintenance of the Presidio.
<<NOTE: 16 USC 460bb note.>> SEC. 106. GENERAL ACCOUNTING OFFICE STUDY.
(a) Three years after the first meeting of the Board of Directors of
the Trust, the General Accounting Office shall conduct an interim study
of the activities of the Trust and shall report the results
[[Page 110 STAT. 4105]]
of the study to the Committee on Energy and Natural Resources and the
Committee on Appropriations of the United States Senate, and the
Committee on Resources and Committee on Appropriations of the House of
Representatives. The study shall include, but shall not be limited to,
details of how the Trust is meeting its obligations under this title.
(b) In consultation with the Trust, the General Accounting Office
shall develop an interim schedule and plan to reduce and replace the
Federal appropriations to the extent practicable for interpretive
services conducted by the National Park Service, and law enforcement
activities and services, fire and public safety
programs conducted by the Trust.
(c) Seven years after the first meeting of the Board of Directors of
the Trust, the General Accounting Office shall conduct a comprehensive
study of the activities of the Trust, including the Trust's progress in
meeting its obligations under this title, taking into consideration the
results of the study described in subsection (a) and the implementation
of plan and schedule required in
subsection (b). The General Accounting Office shall report the results
of the study, including any adjustments to the plan and schedule, to the
Committee on Energy and Natural Resources and the Committee on
Appropriations of the United States Senate, and the Committee on
Resources and Committee on Appropriations of the House of
Representatives.
TITLE II--BOUNDARY ADJUSTMENTS AND CONVEYANCES
<<NOTE: 16 USC 431 note.>> SEC. 201. YUCCA HOUSE NATIONAL MONUMENT
BOUNDARY
ADJUSTMENT.
(a) In General.--The boundaries of Yucca House National Monument are
revised to include the approximately 24.27 acres of land generally
depicted on the map entitled ``Boundary--Yucca House National Monument,
Colorado'', numbered 318/80,001-B, and dated February 1990.
(b) Map.--The map referred to in subsection (a) shall be on file and
available for public inspection in appropriate offices of the National
Park Service of the Department of the Interior.
(c) Acquisition.--
(1) In general.--Within the lands described in subsection
(a), the Secretary of the Interior may acquire lands and
interests in lands by donation.
(2) The Secretary of the Interior may pay administrative
costs arising out of any donation described in paragraph (1)
with appropriated funds.
<<NOTE: 16 USC 346a-5.>> SEC. 202. ZION NATIONAL PARK BOUNDARY
ADJUSTMENT.
(a) Acquisition and Boundary Change.--The Secretary of the Interior
is authorized to acquire by exchange approximately 5.48 acres located in
the SW\1/4\ of Section 28, Township 41 South, Range 10 West, Salt Lake
Base and Meridian. In exchange therefor the Secretary is authorized to
convey all right, title, and interest of the United States in and to
approximately 5.51 acres in Lot 2 of Section 5, Township 41 South, Range
11 West, both parcels of land being in Washington County, Utah. Upon
completion of such exchange, the Secretary is authorized to revise the
boundary
[[Page 110 STAT. 4106]]
of Zion National Park to add the 5.48 acres in section 28 to the park
and to exclude the 5.51 acres in section 5 from the park. Land added to
the park shall be administered as part of the park in accordance with
the laws and regulations applicable thereto.
(b) Expiration.--The authority granted by this section shall expire
2 years after the date of the enactment of this Act.
<<NOTE: 16 USC 460s-14.>> SEC. 203. PICTURED ROCKS NATIONAL
LAKESHORE BOUNDARY ADJUSTMENT.
The boundary of Pictured Rocks National Lakeshore is hereby modified
as depicted on the map entitled ``Area Proposed for Addition to Pictured
Rocks National Lakeshore'', numbered 625-80,043A, and dated July 1992.
<<NOTE: 16 USC 407m-8.>> SEC. 204. INDEPENDENCE NATIONAL
HISTORICAL PARK BOUNDARY ADJUSTMENT.
The administrative boundary between Independence National Historical
Park and the United States Customs House along the Moravian Street
Walkway in Philadelphia, Pennsylvania, is hereby modified as generally
depicted on the drawing entitled ``Exhibit 1, Independence National
Historical Park, Boundary Adjustment'', and dated May 1987, which shall
be on file and available for public inspection in the Office of the
National Park Service, Department of the Interior. The Secretary of the
Interior is authorized to accept and transfer jurisdiction over property
in accord with such administrative boundary, as modified by this
section.
<<NOTE: 16 USC 431 note.>> SEC. 205. CRATERS OF THE MOON NATIONAL
MONUMENT BOUNDARY ADJUSTMENT.
(a) Boundary Revision.--The boundary of Craters of the Moon National
Monument, Idaho, is revised to add approximately 210 acres and to delete
approximately 315 acres as generally depicted on the map entitled
``Craters of the Moon National Monument, Idaho, Proposed 1987 Boundary
Adjustment'', numbered 131-80,008, and dated October 1987, which map
shall be on file and available for public inspection in the office of
the National Park Service, Department of the Interior.
(b) Administration and Acquisition.--Federal lands and interests
therein deleted from the boundary of the national monument by this
section shall be administered by the Secretary of the Interior through
the Bureau of Land Management in accordance with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), and Federal lands
and interests therein added to the national monument by this section
shall be administered by the Secretary as part of the national monument,
subject to the laws and regulations applicable thereto. The Secretary is
authorized to acquire private lands and interests therein within the
boundary of the national monument by donation, purchase with donated or
appropriated funds, or exchange, and when acquired they shall be
administered by the Secretary as part of the national monument, subject
to the laws and regulations applicable thereto.
SEC. 206. HAGERMAN FOSSIL BEDS NATIONAL MONUMENT
BOUNDARY ADJUSTMENT.
Section 302 of the Arizona-Idaho Conservation Act of 1988 (102 Stat.
4576) <<NOTE: 16 USC 431 note.>> is amended by adding the following new
subsection after subsection (c):
[[Page 110 STAT. 4107]]
``(d) To further the purposes of the monument, the Secretary is also
authorized to acquire from willing sellers only, by donation, purchase
with donated or appropriated funds, or exchange not to exceed 65 acres
outside the boundary depicted on the map referred to in section 301 and
develop and operate thereon research, information, interpretive, and
administrative facilities. Lands acquired and facilities developed
pursuant to this subsection shall by administered by the Secretary as
part of the monument. The boundary of the monument shall be modified to
include the lands added under this subsection as a non-contiguous
parcel.''.
<<NOTE: 16 USC 431 note.>> SEC. 207. WUPATKI NATIONAL MONUMENT BOUNDARY
ADJUSTMENT.
The boundaries of the Wupatki National Monument, Arizona, are hereby
revised to include the lands and interests in lands within the area
generally depicted as ``Proposed Addition 168.89 Acres'' on the map
entitled ``Boundary--Wupatki and Sunset Crater National Monuments,
Arizona'', numbered 322-80,021, and dated April 1989. The map shall be
on file and available for public inspection in the Office of the
National Park Service, Department of the Interior. Subject to valid
existing rights, Federal lands and interests therein within the area
added to the monument by this section are hereby transferred without
monetary consideration or reimbursement to the administrative
jurisdiction of the National Park Service, to be administered as part of
the monument in accordance with the laws and regulations applicable
thereto.
<<NOTE: 16 USC 431 note.>> SEC. 208. WALNUT CANYON NATIONAL
MONUMENT BOUNDARY
MODIFICATION.
(a) Purpose.--The purpose of this section is to modify the
boundaries of the Walnut Canyon National Monument (hereafter in this
section referred to as the ``national monument'') to improve management
of the national monument and associated resources.
(b) Boundary Modification.--Effective on the date of enactment of
this Act, the boundaries of the national monument shall be modified as
depicted on the map entitled ``Boundary Proposal--Walnut Canyon National
Monument, Coconino County, Arizona'', numbered 360/80,010, and dated
September 1994. Such map shall be on file and available for public
inspection in the offices of the Director of the National Park Service,
Department of the Interior. The Secretary of the Interior, in
consultation with the Secretary of Agriculture, is authorized to make
technical and clerical corrections to such map.
(c) Acquisition and Transfer of Property.--The Secretary of the
Interior is authorized to acquire lands and interest in lands within the
national monument, by donation, purchase with donated or appropriated
funds, or exchange. Federal property within the boundaries of the
national monument (as modified by this section) is hereby transferred to
the administrative jurisdiction of the
Secretary of the Interior for management as part of the national
monument. Federal property excluded from the monument pursuant to the
boundary modification under subsection (b) is hereby transferred to the
administrative jurisdiction of the Secretary of Agriculture to be
managed as a part of the Coconino National Forest.
(d) Administration.--The Secretary of the Interior, acting through
the Director of the National Park Service, shall manage the national
monument in accordance with this title and the provisions of law
generally applicable to units of the National Park Service, including
``An Act to establish a National Park Service,
[[Page 110 STAT. 4108]]
and for other purposes'' approved August 25, 1916 (39 Stat. 535; 16
U.S.C. 1, 2-4).
(e) Authorization of Appropriations.--There are hereby authorized to
be appropriated such sums as may be necessary to carry out this section.
SEC. 209. BUTTE COUNTY, CALIFORNIA LAND CONVEYANCE.
(a) Purpose.--It is the purpose of this section to authorize and
direct the Secretary of Agriculture to convey, without consideration,
certain lands in Butte County, California, to persons claiming to have
been deprived of title to such lands.
(b) Definitions.--For the purpose of this section:
(1) The term ``affected lands'' means those Federal lands
located in the Plumas National Forest in Butte County,
California, in sections 11, 12, 13, and 14, township 21 north,
range 5 East, Mount Diablo Meridian, as described by the
dependent resurvey by the Bureau of Land Management conducted in
1992, and subsequent Forest Service land line location surveys,
including all adjoining parcels where the property line as
identified by the 1992 BLM dependent resurvey and National
Forest boundary lines before such dependent resurvey are not
coincident.
(2) The term ``claimant'' means an owner of real property in
Butte County, California, whose real property adjoins Plumas
National Forest lands described in paragraph (1), who claims to
have been deprived by the United States of title to property as
a result of previous erroneous surveys.
(3) The terms ``Secretary'' means the Secretary of
Agriculture.
(c) Conveyance of Lands.--Notwithstanding any other provision of
law, the Secretary is authorized and directed to convey, without
consideration, all right, title, and interest of the United States in
and to affected lands as described in subsection (b)(1), to any claimant
or claimants, upon proper application from such claimant or claimants,
as provided in subsection (d).
(d) Notification.--Not later than 2 years after the date of
enactment of this Act, claimants shall notify the Secretary, through the
Forest Supervisor of the Plumas National Forest, in writing of their
claim to affected lands. Such claim shall be accompanied by--
(1) a description of the affected lands claimed;
(2) information relating to the claim of ownership of such
lands; and
(3) such other information as the Secretary may require.
(e) Issuance of Deed.--(1) Upon a determination by the
Secretary that issuance of a deed for affected lands is consistent with
the purpose and requirements of this section, the Secretary shall issue
a quit claim deed to such claimant for the parcel to be conveyed.
(2) Prior to the issuance of any such deed as provided in paragraph
(1), the Secretary shall ensure that--
(A) the parcel or parcels to be conveyed have been surveyed
in accordance with the Memorandum of Understanding between the
Forest Service and
the Bureau of Land Management, dated November 11, 1989;
(B) all new property lines established by such surveys have
been monumented and marked; and
[[Page 110 STAT. 4109]]
(C) all terms and conditions necessary to protect third
party and Government Rights-of-Way or other interests are
included in the deed.
(3) The Federal Government shall be responsible for all surveys and
property line markings necessary to implement this subsection.
(f) Notification to BLM.--The Secretary shall submit to the
Secretary of the Interior an authenticated copy of each deed issued
pursuant to this section no later than 30 days after the date such deed
is issued.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out the purposes of this
section.
<<NOTE: 16 USC 1132 note.>> SEC. 210. TAOS PUEBLO LAND TRANSFER.
(a) Transfer.--The parcel of land described in subsection (b) is
hereby transferred without consideration to the Secretary of the
Interior to be held in trust for the Pueblo de Taos. Such parcel shall
be a part of the Pueblo de Taos Reservation and shall be managed in
accordance with section 4 of the Act of May 31, 1933 (48 Stat. 108) (as
amended, including as amended by Public Law 91-550 (84 Stat. 1437)).
(b) Land Description.--The parcel of land referred to in subsection
(a) is the land that is generally depicted on the map entitled ``Lands
transferred to the Pueblo of Taos--proposed'' and dated September 1994,
comprises 764.33 acres, and is situated within sections 25, 26, 35, and
36, Township 27 North, Range 14 East, New Mexico Principal Meridian,
within the Wheeler Peak Wilderness, Carson National Forest, Taos County,
New Mexico.
(c) Conforming Boundary Adjustments.--The boundaries of the Carson
National Forest and the Wheeler Peak Wilderness are hereby adjusted to
reflect the transfer made by subsection (a).
(d) Resolution of Outstanding Claims.--The Congress finds and
declares that, as a result of the enactment of this section, the Taos
Pueblo has no unresolved equitable or legal claims against the United
States on the lands to be held in trust and to become part of the Pueblo
de Taos Reservation under this section.
<<NOTE: 16 USC 81p.>> SEC. 211. COLONIAL NATIONAL HISTORICAL PARK.
(a) Transfer and Rights-of-Way.--The Secretary of the Interior
(hereinafter in this section referred to as the ``Secretary'') is
authorized to transfer, without reimbursement, to York County, Virginia,
that portion of the existing sewage disposal system, including related
improvements and structures, owned by the United States and located
within the Colonial National Historical Park, together with such rights-
of-way as are determined by the Secretary to be necessary to maintain
and operate such system.
(b) Repair and Rehabilitation of System.--The Secretary is
authorized to enter into a cooperative agreement with York County,
Virginia, under which the Secretary will pay a portion, not to exceed
$110,000, of the costs of repair and rehabilitation of the sewage
disposal system referred to in subsection (a).
(c) Fees and Charges.--In consideration for the rights-of-way
granted under subsection (a), and in recognition of the National Park
Service's contribution authorized under subsection (b), the cooperative
agreement under subsection (b) shall provide for a reduction in, or the
elimination of, the amounts charged to the National Park Service for its
sewage disposal. The cooperative agreement shall also provide for
minimizing the impact of the
[[Page 110 STAT. 4110]]
sewage disposal system on the park and its resources. Such system may
not be enlarged or substantially altered without National Park Service
concurrence.
(d) Inclusion of Land in Colonial National Historical Park.--
Notwithstanding the provisions of the Act of June 28, 1938 (52 Stat.
1208; 16 U.S.C. 81b et seq.), limiting the average width of the Colonial
Parkway, the Secretary of the Interior is authorized to include within
the boundaries of Colonial National Historical Park and to acquire by
donation, exchange, or purchase with donated or appropriated funds the
lands or interests in lands (with or without improvements) within the
areas depicted on the map dated August 1993, numbered 333/80031A, and
entitled ``Page Landing Addition to Colonial National Historical Park''.
Such map shall be on file and available for inspection in the offices of
the National Park Service at Colonial National Historical Park and in
Washington, District of Columbia.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 212. CUPRUM, IDAHO RELIEF.
(a) Findings.--The Congress finds and declares that:
(1) In 1899, the citizens of Cuprum, Idaho, commissioned
E.S. Hesse to conduct a survey describing these lands occupied
by their community. The purpose of this survey was to provide a
basis for the application for a townsite patent.
(2) In 1909, the Cuprum Townsite patent (Number 52817) was
granted, based on an aliquot parts description which was
intended to circumscribe the Hesse survey.
(3) Since the day of the patent, the Hesse survey has been
used continuously by the community of Cuprum and by Adams
County, Idaho, as the official townsite plat and basis for
conveyance of title within the townsite.
(4) Recent boundary surveys conducted by the United States
Department of Agriculture, Forest Service, and the United States
Department of the Interior, Bureau of Land Management,
discovered inconsistencies between the official aliquot parts
description of the patented Cuprum Townsite and the Hesse
survey. Many lots along the south and east boundaries of the
townsite are now known to extend onto National Forest System
lands outside the townsite.
(5) It is the determination of Congress that the original
intent of the Cuprum Townsite application was to include all the
lands described by the Hesse survey.
(b) Purpose.--It is the purpose of this section to amend the 1909
Cuprum Townsite patent to include those additional lands described by
the Hesse survey in addition to other lands necessary to provide an
administratively acceptable boundary to the National Forest System.
(c) Amendment of Patent.--The 1909 Cuprum Townsite
patent is hereby amended to include parcels 1 and 2, identified on the
plat, marked as ``Township 20 North, Range 3 West, Boise Meridian,
Idaho, Section 10: Proposed Patent Adjustment Cuprum Townsite, Idaho''
prepared by Payette N.F.--Land Survey Unit, drawn and approved by Tom
Betzold, Forest Land Surveyor, on April 25, 1995. Such additional lands
are hereby conveyed to the original patentee, Pitts Ellis, trustee, and
Probate Judge of
[[Page 110 STAT. 4111]]
Washington County, Idaho, or any successors or assigns in interest in
accordance with State law. The Secretary of Agriculture may correct
clerical and typographical errors in such plat.
(d) Survey.--The Federal Government shall survey the Federal
property lines and mark and post the boundaries necessary to implement
this section.
SEC. 213. RELINQUISHMENT OF INTEREST.
(a) In General.--The United States relinquishes all right, title,
and interest that the United States may have in land that--
(1) was subject to a right-of-way that was granted to the
predecessor of the Chicago and Northwestern Transportation
Company under the Act entitled ``An Act granting to railroads
the right of way through the public lands of the United
States'', approved March 3, 1875 (42 U.S.C. 934 et seq.), which
right-of-way the Company has conveyed to the city of Douglas,
Wyoming; and
(2) is located within the boundaries of the city limits of
the city of Douglas, Wyoming, or between the right-of-way of
Interstate 25 and the city limits of the city of Douglas,
Wyoming;
as determined by the Secretary of the Interior in consultation with the
appropriate officials of the city of Douglas, Wyoming.
(b) Conveyance.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior shall file for recordation in
the real property records of Converse County, Wyoming, a deed or other
appropriate form of instrument conveying to the city of Douglas,
Wyoming, all right, title, and interest in the land described in
subsection (a).
(c) Conveyance of Certain Property to the Big Horn County School
District Number 1, Wyoming.--The Secretary of the Interior shall convey,
by quit claim deed, to the Big Horn County School District Number 1,
Wyoming, all right, title, and interest of the United States in and to
the following described lands in Big Horn County, Wyoming: Lots 19-24 of
Block 22, all within the town of Frannie, Wyoming, in the S\1/2\NW\1/
4\NW\1/4\ and N\1/2\SW\1/4\NW\1/4\ of section 31 of T. 58N., R. 97 W.,
Big Horn County.
SEC. 214. MODOC NATIONAL FOREST.
(a) In General.--The boundary of the Modoc National Forest is hereby
modified to include and encompass 760 acres, more or less, on the
following described lands: Mount Diablo Meridian, Lassen County,
California T. 38 N., R. 10 E., sec. 5, SE\1/4\NW\1/4\, E\1/2\SW\1/4\;
sec. 8, E\1/2\NE\1/4\, NE\1/4\NW\1/4\, NE\1/4\SE\1/4\, sec. 16, W\1/2\;
sec. 25, Lots 13, 14 and 15 (S\1/2\SW\1/4\, SW\1/4\SE\1/4\); T. 37 N.,
R. 11 E., sec. 20, NW\1/4\SE\1/4\.
(b) Rule for 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 boundary of the Modoc National Forest, as modified by this
title, shall be considered to the boundary of the National Forest as of
January 1, 1995.
SEC. 215. CONVEYANCE TO CITY OF SUMPTER, OREGON.
(a) Conveyance Required.--The Secretary of Agriculture shall convey,
without consideration, to the city of Sumpter, Oregon (in this section
referred to as the ``City''), all right, title, and interest of the
United States in and to a parcel of real property of
[[Page 110 STAT. 4112]]
approximately 1.43 acres consisting of all of block 8 of the REVISED
PLAN OF SUMPTER TOWNSITE in the City, as shown in plat recorded March 6,
1897, in Plat Book 3, page 26; including the alley running through such
block, vacated by Ordinance No. 1966-3, recorded December 14, 1966, in
Deed 66-50-014.
(b) Additional Description of Property.--The real property to be
conveyed under subsection (a) consists of the same property that was
deeded to the United States in the following deeds:
(1) Warranty Deed from Sumpter Power & Water Company to the
United States of America dated October 12, 1949, and recorded in
Vol. 152, page 170 of Baker County records on December 22, 1949.
(2) Warranty Deed from Mrs. Alice Windle to the United
States of America dated October 11, 1949, and recorded in Vol.
152, page 168 of Baker County records on December 22, 1949.
(3) Warranty Deed from Alice L. Windle Charles and
James M. Charles to the United States of America and dated
August 8, 1962, and recorded in Book 172, page 1331 on August
27, 1962.
(c) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the City use the
conveyed property only for public purposes, such as a city park,
information center, or interpretive area.
(d) Release.--Upon making the conveyance required by
subsection (a), the United States is relieved from liability for any and
all claims arising from the presence of materials on the
conveyed property.
(e) Reversionary Interest.--If the Secretary of Agriculture
determines that the real property conveyed under subsection (a) is not
being used in accordance with the condition specified in subsection (c)
or that the City has initiated proceedings to sell, lease, exchange, or
otherwise dispose of all or a portion of the property, than, at the
option of the Secretary, the United States shall have a right of reentry
with regard to the property, with title thereto revesting in the United
States.
(f) Authorized Sale of Property.--Notwithstanding subsections (c)
and (e), the Secretary of Agriculture may authorize the City to dispose
of the real property conveyed under subsection (a) if the proceeds from
such disposal are at least equal to the fair market value of the
property and are paid to the United States. The Secretary shall deposit
amounts received under this subsection into the special fund in the
Treasury into which funds are deposited pursuant to the Act of December
4, 1967 (16 U.S.C. 484a), commonly known as the Sisk Act. The disposal
of the
conveyed property under this subsection shall be subject to such terms
and conditions as the Secretary may prescribe.
(g) Additional Terms and Conditions.--The Secretary of Agriculture
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.
<<NOTE: 16 USC 268.>> SEC. 216. CUMBERLAND GAP NATIONAL HISTORICAL PARK.
(a) Authority.--Notwithstanding the Act of June 11, 1940 (16 U.S.C.
261 et seq.), the Secretary of the Interior is authorized to acquire by
donation, purchase with donated or appropriated
[[Page 110 STAT. 4113]]
funds, or exchange not to exceed 10 acres of land or interests in land,
which shall consist of those necessary lands for the establishment of
trailheads to be located at White Rocks and Chadwell Gap.
(b) Administration.--Lands and interests in lands acquired pursuant
to subsection (a) shall be added to and administered as part of the
Cumberland Gap National Historical Park.
SEC. 217. ALPINE SCHOOL DISTRICT.
(a) Conveyance Required.--(1) The Secretary of Agriculture shall
convey, without consideration, to the Alpine Elementary School District
7 of the State of Arizona (in this section referred to as the ``School
District''), all right, title and interest of the United States in and
to a parcel of real property, including any improvements thereon,
consisting of approximately 30 acres located in the Apache National
Forest, Apache County, Arizona, and further delineated as follows: North
\1/2\ of Northeast \1/4\ of Southeast \1/4\ of section 14, Township 5
North, Range 30 East, Gila and Salt River meridian, and North \1/2\ of
South \1/2\ of Northeast \1/4\ of Southeast \1/4\ of such section.
(2) The exact acreage and legal description of the real property to
be conveyed under paragraph (1) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the School District.
(b) Condition of Conveyance.--The conveyance made under subsection
(a) shall be subject to the condition that the School District use the
conveyed property for public school facilities and related public school
recreational purposes.
(c) Right of Reentry.--The United States shall retain a right of
reentry in the property to be conveyed. If the Secretary determines that
the conveyed property is not being used in accordance with the condition
in subsection (b), the United States shall have the right to reenter the
conveyed property without consideration.
(d) Encumbrances.--The conveyance made under subsection (a) shall be
subject to all encumbrances on the property existing as of the date of
the enactment of this Act.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) of the Secretary considers appropriate to protect the
interests of the United States.
SEC. 218. MERCED IRRIGATION DISTRICT LAND EXCHANGE.
(a) Conveyance.--(1) The Secretary of the Interior may convey the
Federal lands described in subsection (d)(1) in exchange for the non-
Federal lands described in subsection (d)(2), in accordance with the
provisions of this Act.
(b) Applicability of Other Provisions of Law.--The land exchange
required in this section shall be carried out in accordance with section
206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716) and in accordance with other applicable laws.
(c) Acceptability of Title and Manner of Conveyance.--The Secretary
of the Interior shall not carry out an exchange described in subsection
(a) unless the title to the non-Federal lands to be conveyed to the
United States, and the form and procedures of conveyance, are acceptable
to the Secretary.
(d) Lands To Be Exchanged.--
[[Page 110 STAT. 4114]]
(1) Federal lands to be exchanged.--The Federal lands
referred to in this section to be exchanged consist of
approximately 179.4 acres in Mariposa County, California as
generally depicted on the map entitled ``Merced Irrigation
District Exchange--Proposed, Federal Land'', dated March 15,
1995, more particularly described as follows:
T. 3 S., R. 15 E., MDM (Mount Diablo Meridian):
Sec. 35, SW\1/4\SE\1/4\, containing
approximately 40 acres.
T. 4 S., R. 15 E., MDM (Mount Diablo Meridian):
Sec. 14: E\1/2\SE\1/4\SE\1/4\, containing
approximately 20 acres.
Sec. 23: NE\1/4\SE\1/4\, containing
approximately 40 acres.
T. 5 S., R. 15 E., MDM (Mount Diablo Meridian):
Sec. 2: Lot 1, containing approximately 57.9
acres.
Sec. 3: Lots 7 thru 15, containing
approximately 21.5 acres.
(2) Non-federal lands to be exchanged.--The non-
Federal lands referred to in this section to be exchanged
consist of approximately 160 acres in Mariposa County,
California as generally depicted on the map entitled ``Merced
Irrigation District Exchange--Proposed, Non-Federal Land'',
dated March 15, 1995, more particularly described as T. 4 S.,
R17E MDM (Mount Diablo Meridian): sec. 2, SE\1/4\.
(3) Maps.--The maps referred to in this subsection shall be
on file and available for inspection in the office of the
Director of the Bureau of Land Management.
(4) Partial revocation of withdrawals.--The Executive Order
of December 31, 1912, creating Powersite Reserve No. 328, and
the withdrawal of Federal lands for Power Project No. 2179,
filed February 21, 1963, in accordance with section 24 of the
Federal Power Act are hereby revoked insofar as they affect the
Federal lands described in paragraph (1). Any patent issued on
such Federal lands shall not be subject to section 24 of said
Act.
<<NOTE: Father Aull Site Transfer Act of 1996.>> SEC. 219. FATHER AULL
SITE TRANSFER.
(a) Short Title.--This section may be cited as the ``Father Aull
Site Transfer Act of 1996''.
(b) Conveyance of Property.--Subject to valid existing rights, all
right, title and interest of the United States in and to the land
(including improvements on the land), consisting of approximately 43.06
acres, located approximately 10 miles east of Silver City, New Mexico,
and described as follows: T. 17 S., R. 12 W., Section 30: Lot 13, and
Section 31: Lot 27 (as generally depicted on the map dated July 1995) is
hereby conveyed by operation of law to St. Vincent DePaul Parish in
Silver City, New Mexico, without consideration.
(c) Release.--Upon the conveyance of any land or interest in land
identified in this section to St. Vincent DePaul Parish, St. Vincent
DePaul Parish shall assume any liability for any claim relating to the
land or interest in the land arising after the date of the conveyance.
(d) Map.--The map referred to in this section shall be on file and
available for public inspection in--
[[Page 110 STAT. 4115]]
(1) the State of New Mexico Office of the Bureau of Land
Management, Santa Fe, New Mexico; and
(2) the Las Cruces District Office of the Bureau of Land
Management, Las Cruces, New Mexico.
<<NOTE: 16 USC 3503 note.>> SEC. 220. COASTAL BARRIER RESOURCES SYSTEM.
(a) In General.--The Secretary of the Interior shall, before the end
of the 30-day period beginning on the date of the enactment of this Act,
make such corrections to the maps described in subsection (b) as are
necessary to ensure that depictions of areas on those maps
are consistent with the depictions of areas appearing on the maps
entitled ``Amendments to Coastal Barrier Resources System'', dated
November 1, 1995, and June 1, 1996, and on file with the Secretary.
(b) Maps Described.--The maps described in this subsection are maps
that--
(1) are included in a set of maps entitled ``Coastal Barrier
Resources System'', dated October 24, 1990; and
(2) relate to the following units of the Coastal Barrier
Resources System: P05, P05A, P10, P11, P11A, P18, P25, P32, and
P32P.
SEC. 221. CONVEYANCE TO DEL NORTE COUNTY UNIFIED SCHOOL DISTRICT.
(a) Conveyance.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Agriculture shall convey to the
Del Norte County Unified School District of Del Norte County,
California, in accordance with this section, all right, title, and
interest of the United States in and to the property described in
subsection (b).
(b) Property Description.--The property referred to in
subsection (a) is that portion of Township 17 North, Range 2 East,
Humboldt Meridian in Del Norte County, California, which is further
described as follows:
Beginning at Angle Point No. 3 of Tract 41 as resurveyed by
the Bureau of Land Management under survey Group No. 1013,
approved August 13, 1990, and shown on the official plat
thereof;
thence on the line between Angle Points No. 3 and No. 4 of
Tract 41, North 89 degrees, 24 minutes, 20 seconds East, a
distance of 345.44 feet to Angle Point No. 4 of Tract 41;
thence on the line between Angle Points No. 4 and No. 5 of
Tract 41, South 00 degrees, 01 minutes, 20 seconds East, a
distance of 517.15 feet;
thence West, a distance of 135.79 feet;
thence North 88 degrees, 23 minutes, 01 second West, a
distance of 61.00 feet;
thence North 39 degrees, 58 minutes, 18 seconds West, a
distance of 231.37 feet to the East line of Section 21, Township
17 North, Range 2 East;
thence along the East line of Section 21, North 00 degrees,
02 minutes, 20 seconds West, a distance of 334.53 feet to the
point of beginning.
(c) Consideration.--The conveyance provided for in subsection (a)
shall be without consideration except as required by this section.
(d) Conditions of Conveyance.--The conveyance provided for in
subsection (a) shall be subject to the following conditions:
[[Page 110 STAT. 4116]]
(1) Del Norte County shall be provided, for no
consideration, an easement for County Road No. 318 which crosses
the Northeast corner of the property conveyed.
(2) The Pacific Power and Light Company shall be provided,
for no consideration, an easement for utility equipment as
necessary to maintain the level of service provided by the
utility equipment on the property as of the date of the
conveyance.
(3) The United States shall be provided, for no
consideration, an easement to provide access to the United
States property that is south of the property conveyed.
(e) Limitations on Conveyance.--The conveyance authorized by
subsection (a) is subject to the following limitations:
(1) Encumbrances.--Such conveyance shall be subject to all
encumbrances on the land existing as of the date of enactment of
this Act.
(2) Re-entry right.--The United States shall retain a right
of re-entry in the land described for conveyance in
subsection (b). If the Secretary determines that the conveyed
property is not being used for public educational or related
recreational purposes, the United States shall have a right to
re-enter the property conveyed therein without consideration.
(f) Additional Terms and Conditions.--The conveyance provided for in
subsection (a) shall be subject to such additional terms and conditions
as the Secretary of Agriculture and the Del Norte County Unified School
District agree are necessary to protect the interests of the United
States.
TITLE III--EXCHANGES
SEC. 301. TARGHEE NATIONAL FOREST LAND EXCHANGE.
(a) Conveyance.--Notwithstanding the requirements in the Act
entitled ``An Act to Consolidate National Forest Lands'', approved March
20, 1922 (16 U.S.C. 485), and section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)) that Federal and non-
Federal lands exchanged for each other must be located within the same
State, the Secretary of Agriculture may convey the Federal lands
described in subsection (d) in exchange for the non-Federal lands
described in subsection (e) in accordance with the provisions of this
section.
(b) Applicability of Other Provisions of Law.--Except as otherwise
provided in this section, the land exchange authorized by this section
shall be made under the existing authorities of the Secretary.
(c) Acceptability of Title and Manner of Conveyance.--The Secretary
shall not carry out the exchange described in subsection (a) unless the
title to the non-Federal lands to be conveyed to the United States, and
the form and procedures of conveyance, are acceptable to the Secretary.
(d) Federal Lands.--The Federal lands referred to in this section
are located in the Targhee National Forest in Idaho, are generally
depicted on the map entitled ``Targhee Exchange, Idaho-Wyoming--
Proposed, Federal Land'', dated September 1994, and are known as the
North Fork Tract.
(e) Non-Federal Lands.--The non-Federal lands referred to in this
section are located in the Targhee National Forest in
[[Page 110 STAT. 4117]]
Wyoming, are generally depicted on the map entitled ``Non-Federal land,
Targhee Exchange, Idaho-Wyoming--Proposed'', dated September 1994, and
are known as the Squirrel Meadows Tract.
(f) Maps.--The maps referred to in subsections (d) and (e) shall be
on file and available for inspection in the office of the Targhee
National Forest in Idaho and in the office of the Chief of the Forest
Service.
(g) Equalization of Values.--Prior to the exchange authorized by
this section, the values of the Federal and non-Federal lands to be so
exchanged shall be established by appraisals of fair market value that
shall be subject to approval by the Secretary. The values either shall
be equal or shall be equalized using the following methods:
(1) Adjustment of lands.--
(A) Portion of federal lands.--If the Federal lands
are greater in value than the non-Federal lands, the
Secretary shall reduce the acreage of the Federal lands
until the values of the Federal lands closely
approximate the values of the non-Federal lands.
(B) Additional federally owned lands.--If the
non-Federal lands are greater in value than the Federal
lands, the Secretary may convey additional federally
owned lands within the Targhee National Forest up to an
amount necessary to equalize the values of the non-
Federal lands and the lands to be transferred out of
Federal ownership. However, such additional federally
owned lands shall be limited to those meeting the
criteria for land exchanges specified in the Targhee
National Forest Land and Resource Management Plan.
(2) Payment of money.--The values may be equalized by the
payment of money as provided in section 206(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716 (b)).
(h) Definitions.--For purposes of this section:
(1) The term ``Federal lands'' means the Federal lands
described in subsection (d).
(2) The term ``non-Federal lands'' means the non-Federal
lands described in subsection (e).
(3) The term ``Secretary'' means the Secretary of
Agriculture.
<<NOTE: 16 USC 410hh note.>> SEC. 302. ANAKTUVUK PASS LAND EXCHANGE.
(a) Findings.--The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act (94
Stat. 2371), enacted on December 2, 1980, established Gates of
the Arctic National Park and Preserve and Gates of the Arctic
Wilderness. The Village of Anaktuvuk Pass, located in the
highlands of the central Brooks Range is virtually surrounded by
these national park and wilderness lands and is the only Native
village located within the boundary of a National Park System
unit in Alaska.
(2) Unlike most other Alaskan Native communities, the
village of Anaktuvuk Pass is not located on a major river, lake,
or coastline that can be used as a means of access. The
residents of Anaktuvuk pass have relied increasingly on snow
machines in winter and all-terrain vehicles in summer
[[Page 110 STAT. 4118]]
as their primary means of access to pursue caribou and other
subsistence resources.
(3) In a 1983 land exchange agreement, linear easements were
reserved by the Inupiat Eskimo people for use of all-terrain
vehicles across certain national park lands, mostly along stream
and river banks. These linear easements proved unsatisfactory,
because they provided inadequate access to subsistence resources
while causing excessive environmental impact from concentrated
use.
(4) The National Park Service and the Nunamiut Corporation
initiated discussions in 1985 to address concerns over the use
of all-terrain vehicles on park and wilderness land. These
discussions resulted in an agreement, originally executed in
1992 and thereafter amended in 1993 and 1994, among the National
Park Service, Nunamiut Corporation, the City of Anaktuvuk Pass,
and Arctic Slope Regional Corporation. Full effectuation of this
agreement, as amended, by its terms requires ratification by the
Congress.
(b) Ratification of agreement.--
(1) Ratification.--
(A) In general.--The terms, conditions, procedures,
covenants, reservations, and other provisions set forth
in the document entitled ``Donation, Exchange of Lands
and Interests in Lands and Wilderness Redesignation
Agreement Among Arctic Slope Regional Corporation,
Nunamiut Corporation, City of Anaktuvuk Pass and the
United States of America'' (hereinafter referred to in
this section as ``the Agreement''), executed by the
parties on December 17, 1992, as amended, are hereby
incorporated in this title, are ratified and confirmed,
and set forth the obligations and commitments of the
United States, Arctic Slope Regional Corporation,
Nunamiut Corporation and the City of Anaktuvuk Pass, as
a matter of Federal law.
(B) Land acquisition.--Lands acquired by the United
States pursuant to the Agreement shall be administered
by the Secretary of the Interior (hereinafter referred
to as the ``Secretary'') as part of Gates of the Arctic
National Park and Preserve, subject to the laws and
regulations applicable thereto.
(2) Maps.--The maps set forth as Exhibits C1, C2, and D
through I to the Agreement depict the lands subject to the
conveyances, retention of surface access rights, access
easements and all-terrain vehicle easements. These lands are
depicted in greater detail on a map entitled ``Land Exchange
Actions, Proposed Anaktuvuk Pass Land Exchange and Wilderness
Redesignation, Gates of the Arctic National
Park and Preserve'', Map No. 185/80,039, dated April 1994, and on file
at the Alaska Regional Office of the National Park Service and the
offices of Gates of the Arctic National Park and Preserve in Fairbanks,
Alaska. Written legal descriptions of these lands shall be prepared and
made available in the above offices. In case of any discrepancies, Map
No. 185/80,039 shall be controlling.
(c) National Park System Wilderness.--
(1) Gates of the arctic wilderness.--
(A) Redesignation.--Section 701(2) of the Alaska
National Interest Lands Conservation Act (94 Stat. 2371,
[[Page 110 STAT. 4119]]
2417) <<NOTE: 16 USC 1132 note.>> establishing the Gates
of the Arctic Wilderness is hereby amended with the
addition of approximately 56,825 acres of wilderness and
the rescission of approximately 73,993 acres as
wilderness, thus revising the Gates of the Arctic
Wilderness to approximately 7,034,832 acres.
(B) Map.--The lands redesignated by subparagraph (A)
are depicted on a map entitled ``Wilderness Actions,
Proposed Anaktuvuk Pass Land Exchange and Wilderness
Redesignation, Gates of the Arctic National Park and
Preserve'', Map No. 185/80,040, dated April 1994, and on
file at the Alaska Regional Office of the National Park
Service and the office of Gates of the Arctic National
Park and Preserve in Fairbanks, Alaska.
(2) Noatak national preserve.--Section 201(8)(a) of the
Alaska National Interest Land Conservation Act <<NOTE: 16 USC
410hh.>> (94 Stat. 2380) is amended by--
(A) striking ``approximately six million four
hundred and sixty thousand acres'' and inserting in lieu
thereof ``approximately 6,477,168 acres''; and
(B) inserting ``and the map entitled `Noatak
National Preserve and Noatak Wilderness Addition' dated
September 1994'' after ``July 1980''.
(3) Noatak wilderness.--Section 701(7) of the Alaska
National <<NOTE: 16 USC 1132 note.>> Interest Lands
Conservation Act (94 Stat. 2417) is amended by striking
``approximately five million eight hundred thousand acres'' and
inserting in lieu thereof ``approximately 5,817,168 acres''.
(d) Conformance With Other Law.--
(1) Alaska native claims settlement act.--All of the lands,
or interests therein, conveyed to and received by Arctic Slope
Regional Corporation or Nunamiut Corporation pursuant to the
Agreement shall be deemed conveyed and received pursuant to
exchanges under section 22(f) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1601, 1621(f)). All of the
lands or interests in lands conveyed pursuant to the Agreement
shall be conveyed subject to valid existing rights.
(2) Alaska national interest lands conservation act.--Except
to the extent specifically set forth in this section or the
Agreement, nothing in this section or in the Agreement shall be
construed to enlarge or diminish the rights, privileges, or
obligations of any person, including specifically the preference
for subsistence uses and access to subsistence resources
provided under the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.).
SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDATION.
(a) Definitions.--As used in this section:
(1) Agency.--The term agency--
(A) means any instrumentality of the United States,
and any Government corporation (as defined in section
9101(1) of title 31, United States Code); and
(B) includes any element of an agency.
(2) Alaska native corporation.--The Term ``Alaska Native
Corporation'' has the same meaning as is provided for ``Native
Corporation'' in section 3(m) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(m)).
[[Page 110 STAT. 4120]]
(3) Federal lands or interest therein.--The term
``Federal lands or interests therein'' means any lands or
properties owned by the United States (A) which are administered
by the Secretary, or (B) which are subject to a lease to third
parties, or (C) which have been made available to the Secretary
for exchange under this section through the concurrence of the
director of the agency administering such lands or properties:
Provided however, That excluded from such lands shall be those
lands which are within an existing conservation system unit as
defined in section 102(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102(4)), and those
lands the mineral interest for which are currently under mineral lease.
(4) Koniag.--The term ``Koniag'' means Koniag, Incorporated,
which is a regional Corporation.
(5) Regional corporation.--The term ``Regional Corporation''
has the same meaning as is provided in section 3(g) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)).
(6) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(7) Selection rights.--The term ``selection rights'' means
those rights granted to Koniag, and confirmed as valid
selections (within Koniag's entitlement) pursuant to subsections
(a) and (b) of section 12, and section 14(h)(8), of the Alaska
Native Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to
receive title to the oil and gas rights and other interests in
the subsurface estate of the approximately 275,000 acres of
public lands in the State of Alaska identified as ``Koniag
Selections'' on the map entitled ``Koniag Interest Lands, Alaska
Peninsula'', dated May 1989.
(b) Valuation of Koniag Selection Rights.--
(1) In general.--Pursuant to paragraph (2) of this
subsection, the Secretary shall value the Selection Rights which
Koniag possesses within the boundaries of Aniakchak National
Monument and Preserve, Alaska Peninsula National Wildlife
Refuge, and Becharof National Wildlife Refuge.
(2) Value.--
(A) In general.--The value of the selection rights
shall be equal to the fair market value of--
(i) the oil and gas interests in the lands or
interests in lands that are the subject of the
selection rights; and
(ii) in the case of the lands or interests in
lands for which Koniag is to receive the entire
subsurface estate, the subsurface estate of the
lands or interests in lands that are the subject
of the selection rights.
(B) Appraisal.--
(i) Selection of appraiser.--
(I) In general.--Not later than 90
days after the date of enactment of this
section the Secretary and Koniag shall
meet to select a qualified appraiser to
conduct an appraisal of the selection
rights. Subject to subclause (II), the
appraiser shall be selected by the
mutual agreement of the
Secretary and Koniag.
(II) Failure to agree.--If the
Secretary and Koniag fail to agree on an
appraiser by the date
[[Page 110 STAT. 4121]]
that is 60 days after the date of the
initial meeting referred to in subclause
(I), the Secretary and Koniag shall, by
the date that is not later than 90 days
after the date of the initial meeting,
each designate an appraiser who is
qualified to perform the appraisal. The
2 appraisers so identified shall select
a third qualified appraiser who shall
perform the appraisal.
(ii) Standards and methodology.--The appraisal
shall be conducted in conformity with the
standards of the Appraisal Foundation (as defined
in section 1121(9) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 3350(9)).
(iii) Submission of appraisal report.--Not
later than 180 days after the selection of an
appraiser pursuant to clause
(i), the appraiser shall submit to the Secretary and to Koniag a written
appraisal report specifying the value of the selection rights and the
methodology used to arrive at the value.
(C) Determination of value.--
(i) Determination by the secretary.--Not later
than 60 days after the date of the receipt of the
appraisal report under subparagraph (B)(iii), the
Secretary shall determine the value of the
selection rights and shall notify Koniag of the
determination.
(ii) Alternative determination of value.--
(I) In general.--Subject to
subclause (II), if Koniag does not agree
with the value determined by the
Secretary under clause (i), the
procedures specified in section 206(d)
of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1716(d)) shall be used to establish the
value.
(II) Average value limitation.--The
average value per acre of the selection
rights shall not be less than the value
utilizing the risk adjusted discount
cash flow methodology, but in no event
may exceed $300.
(c) Koniag Account.--
(1) In general.--(A) The Secretary shall enter into
negotiations for an agreement or agreements to exchange Federal
lands or interests therein which are in the State of Alaska for
the Selection Rights.
(B) If the value of the Federal property to be exchanged is
less than the value of the Selection Rights established in
subsection (b), and if such Federal property to be exchanged is
not generating receipts to the Federal Government in excess of
$1,000,000 per year, then the Secretary may exchange the Federal
property for that portion of the Selection Rights having a value
equal to that of the Federal property. The remaining selection
rights shall remain available for additional exchanges.
(C) For the purposes of any exchange to be consummated under
this section, if less than all the selection rights are being
exchanged, then the value of the selection rights being
exchanged shall be equal to the number of acres of selection
rights being exchanged multiplied by a fraction, the numerator
of which is the value of all the selection rights as determined
[[Page 110 STAT. 4122]]
pursuant to subsection (b) hereof and the denominator of which
is the total number of acres of selection rights.
(2) Additional exchanges.--If, after 10 years from the date
of the enactment of this section, the Secretary was unable to
conclude such exchanges as may be required to acquire all of the
selection rights, he shall conclude exchanges for the remaining
selection rights for such Federal property as may be identified
by Koniag, which property is available for transfer to the
administrative jurisdiction of the Secretary under any provision
of law and which property, at the time of the proposed transfer
to Koniag is not generating receipts of the Federal Government
in excess of $1,000,000 per year. The Secretary shall keep
Koniag advised in a timely manner as to which properties may be
available for such transfer. Upon receipt of such identification
by Koniag, the Secretary shall request in a timely manner the
transfer of such identified property to the administrative
jurisdiction of the Department of the Interior. Such property
shall not be subject to the geographic limitations of section
206(b) of the Federal Land Policy and Management Act and may be
retained by the
Secretary solely for purposes of transferring it to Koniag to
complete the exchange. Should the value of the property so
identified by Koniag be in excess of the value of the remaining
selection rights, then Koniag shall have the option of (A)
declining to proceed with the exchange and identifying other
property, or (B) paying the difference in value between the
property rights.
(3) Revenues.--Any property received by Koniag in an
exchange entered into pursuant to paragraph (1) or (2) shall be
deemed to be an interest in the subsurface for purposes of
section 7(i) of the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.): Provided however, That should Koniag make
a payment to equalize the value in any such exchange, then
Koniag will be deemed to hold an undivided interest in the
property equal in value to such payment which interest shall not
be subject to the provisions of section 7(i) of that Act.
(d) Authority To Appoint and Remove Trustee.--In establishing a
Settlement Trust under section 39 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1629c), Koniag may delegate, in whole or in part, the
authority granted to Koniag under subsection (b)(2) of such section to
any entity that Koniag may select without affecting the status of the
trust as a Settlement Trust under such section.
SEC. 304. SNOWBASIN LAND EXCHANGE ACT.
(a) Purpose and Intent.--The purpose of this section is to authorize
and direct the Secretary to exchange 1,320 acres of federally-owned land
within the Cache National Forest in the State of Utah for lands
approximately equal value owned by the Sun Valley Company. It is the
intent of Congress that this exchange be completed without delay within
the period specified by subsection (d).
(b) Definitions.--As used in this section:
(1) The term ``Sun Valley Company'' means the Sun Valley
Company, a division of Sinclair Oil Corporation, a Wyoming
Corporation, or its successors or assigns.
[[Page 110 STAT. 4123]]
(2) The term ``Secretary'' means the Secretary of
Agriculture.
(c) Exchange.--
(1) Federal selected lands.--(A) Not later than 45 days
after the final determination of value of the Federal selected
lands, the Secretary shall, subject to this section, transfer
all right, title, and interest of the United States in and to
the lands referred to in subparagraph (B) to the Sun Valley
Company.
(B) The lands referred to in subparagraph (A) are certain
lands within the Cache National Forest in the State of Utah
comprising 1,320 acres, more or less, as generally depicted on
the map entitled ``Snowbasin Land Exchange--Proposed'' and dated
October 1995.
(2) Non-federal offered lands.--Upon transfer of the Federal
selected lands under paragraph (1), and in exchange for those
lands, the Sun Valley Company shall simultaneously convey to the
Secretary all right, title and interest of the Sun Valley
Company in and to so much of the following offered lands which
have been previously identified by the United States Forest
Service as desirable by the United States, or which are
identified pursuant to subparagraph (E) prior to the transfer of
lands under paragraph (1), as are of approximate equal value to
the Federal selected lands:
(A) Certain lands located within the exterior
boundaries of the Cache National Forest in Weber County,
Utah, which comprise approximately 640 acres and are
generally depicted on a map entitled ``Lightning Ridge
Offered Lands'', dated October 1995.
(B) Certain lands located within the Cache National
Forest in Weber County, Utah, which comprise
approximately 635 acres and are generally depicted on a
map entitled ``Wheeler Creek Watershed Offered Lands--
Section 2'' dated October 1995.
(C) Certain lands located within the exterior
boundaries of the Cache National Forest in Weber County,
Utah, and lying immediately adjacent to the outskirts of
the City of Ogden, Utah, which comprise approximately
800 acres and are generally depicted on a map entitled
``Taylor Canyon Offered Lands'', dated October 1995.
(D) Certain lands located within the exterior
boundaries of the Cache National Forest in Weber County,
Utah, which comprise approximately 2,040 acres and are
generally depicted on a map entitled ``North Fork Ogden
River--Devil's Gate Valley'', dated October 1995.
(E) Such additional offered lands in the State of
Utah as may be necessary to make the values of the lands
exchanged pursuant to this section approximately equal,
and which are acceptable to the Secretary.
(3) Substitution of offered lands.--If one or more of the
precise offered land parcels identified in subparagraphs (A)
through (D) of paragraph (2) is unable to be conveyed to the
United States due to appraisal or other reasons, or if the
Secretary and the Sun Valley Company mutually agree and the
Secretary determines that an alternative offered land package
would better serve long-term public needs and objectives, the
Sun Valley Company may simultaneously convey
[[Page 110 STAT. 4124]]
to the United States alternative offered lands in the State of
Utah acceptable to the Secretary in lieu of any or all of the
lands identified in subparagraphs (A) through (D) of
paragraph (2).
(4) Valuation and appraisals.--(A) Values of the lands to be
exchanged pursuant to this section shall be equal as determined
by the Secretary utilizing nationally recognized appraisal
standards and in accordance with section 206 of the Federal Land
Policy and Management Act of 1976. The appraisal reports shall
be written to Federal standards as defined in the Uniform
Appraisal Standards for Federal Land Acquisitions. If, due to
size, location, or use of lands exchanged under this section,
the values are not exactly equal, they shall be equalized by the
payment of cash equalization money to the Secretary or the Sun
Valley Company as appropriate in accordance with section 206(b)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)). In order to expedite the consummation of the exchange
directed by this section, the Sun Valley Company shall arrange
and pay for appraisals of the offered and selected lands by a
qualified appraiser with experience in appraising similar
properties and who is mutually acceptable to the Sun Valley
Company and the Secretary. The appraisal of the Federal selected
lands shall be completed and submitted to the Secretary for
technical review and approval no later than 120 days after the
date of enactment of this Act, and the Secretary shall make a
determination of value not later than 30 days after receipt of
the appraisal. In the event the Secretary and the Sun Valley
Company are unable to agree to the appraised value of a certain
tract or tracts of land, the appraisal, appraisals, or appraisal
issues in dispute and a final determination of value shall be
resolved through a process of bargaining or submission to
arbitration in accordance with section 206(d) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)).
(B) In order to expedite the appraisal of the Federal
selected lands, such appraisal shall--
(i) value the land in its unimproved state, as a
single entity for its highest and best use as if in
private ownership and as of the date of enactment of
this Act;
(ii) consider the Federal lands as an independent
property as though in the private marketplace and
suitable for development to its highest and best use;
(iii) consider in the appraisal any encumbrance on
the title anticipated to be in the conveyance to Sun
Valley Company and reflect its effect on the fair market
value of the property; and
(iv) not reflect any enhancement in value to the
Federal selected lands based on the existence of private
lands owned by the Sun Valley Company in the vicinity of
the Snowbasin Ski Resort, and shall assume that private
lands owned by the Sun Valley Company are not available
for use in conjunction with the Federal selected lands.
(d) General Provisions Relating to the Exchange.--
(1) In general.--The exchange authorized by this section
shall be subject to the following terms and conditions:
(A) Reserved rights-of-way.--In any deed issued
pursuant to subsection (c)(1), the Secretary shall
reserve
[[Page 110 STAT. 4125]]
in the United States a right of reasonable access across
the conveyed property for public access and for
administrative purposes of the United States necessary
to manage adjacent federally-owned lands. The terms of
such reservation shall be prescribed by the Secretary
within 30 days after the date of the enactment of this
Act.
(B) Right of rescission.--This section shall not be
binding on either the United States or the Sun Valley
Company if, within 30 days after the final determination
of value of the Federal selected lands, the Sun Valley
Company submits to the Secretary a duly authorized and
executed resolution of the Company stating its intention
not to enter into the exchange authorized by this
section.
(2) Withdrawal.--Subject to valid existing rights, effective
on the date of enactment of this Act, the Federal selected lands
described in subsection (c)(1) and all National Forest System
lands currently under special use permit to the Sun Valley
Company at the Snowbasin Ski Resort are hereby withdrawn from
all forms of appropriation under the public land laws (including
the mining laws) and from disposition under all laws pertaining
to mineral and geothermal leasing.
(3) Deed.--The conveyance of the offered lands to the United
States under this section shall be by general warranty or other
deed acceptable to the Secretary and in conformity with
applicable title standards of the Attorney General of the United
States.
(4) Status of lands.--Upon acceptance of title by the
Secretary, the land conveyed to the United States pursuant to
this section shall become part of the Wasatch or Cache National
Forests as appropriate, and the boundaries of such National
Forests shall be adjusted to encompass such lands. Once
conveyed, such lands shall be managed in accordance with the Act
of March 1, 1911, as amended (commonly known as the ``Weeks
Act''), and in accordance with the other laws, rules and
regulations applicable to National Forest System lands. This
paragraph does not limit the Secretary's authority to adjust the
boundaries pursuant to section 11 of the Act of March 1, 1911
(``Weeks Act''). 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 Wasatch and Cache National Forests, as
adjusted by this section, shall be considered to be boundaries
of the forests as of January 1, 1965.
(e) Phase Facility Construction and Operation.--
(1) Phase i facility finding and review.--(A) The
Congress has reviewed the Snowbasin Ski Area Master Development
Plan dated October 1995 (hereafter in this subsection referred
to as the ``Master Plan''). On the basis of such review, and
review of previously completed environmental and other resource
studies for the Snowbasin Ski Area, Congress hereby finds that
the ``Phase I'' facilities referred to in the Master Plan to be
located on National Forest System land after consummation of the
land exchange directed by this section are limited in size and
scope, are reasonable and necessary to accommodate the 2002
Olympics, and in some cases are required to provide for the
safety of skiing competitors and spectators.
[[Page 110 STAT. 4126]]
(B) Within 60 days after the date of enactment of this Act,
the Secretary and the Sun Valley Company shall review the Master
Plan insofar as such plan pertains to Phase I facilities which
are to be constructed and operated wholly or partially on
National Forest System lands retained by the Secretary after
consummation of the land exchange directed by this section. The
Secretary may modify such Phase I facilities upon mutual
agreement with the Sun Valley Company or by imposing conditions
pursuant to paragraph (2) of this
subsection.
(C) Within 90 days after the date of enactment of this Act,
the Secretary shall submit the reviewed Master Plan on the Phase
I facilities, including any modifications made thereto pursuant
to subparagraph (B), to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Resources of the United States House of
Representatives for a 30-day review period. At the end of the
30-day period, unless otherwise directed by Act of Congress, the
Secretary may issue all necessary authorizations for
construction and operation of such facilities or modifications
thereof in accordance with the procedures and provisions of
paragraph (2) of this subsection.
(2) Phase i facility approval, conditions, and
timetable.--Within 120 days of receipt of an application by the
Sun Valley Company to authorize construction and operation of
any particular Phase I facility, facilities, or group of
facilities, the Secretary, in consultation with the Sun Valley
Company, shall authorize construction and operation of such
facility, facilities, or group of facilities, subject to the
general policies of the Forest Service pertaining to the
construction and operation of ski area facilities on National
Forest System lands and subject to reasonable conditions to
protect National Forest System resources. In providing
authorization to
construct and operate a facility, facilities, or group of
facilities, the Secretary may not impose any condition that
would significantly change the location, size, or scope of the
applied for Phase I facility unless--
(A) the modification is mutually agreed to by the
Secretary and the Sun Valley Company; or
(B) the modification is necessary to protect health
and safety.
Nothing in this subsection shall be construed to affect the
Secretary's responsibility to monitor and assure compliance with
the conditions set forth in the construction and operation
authorization.
(3) Congressional directions.--Notwithstanding any other
provision of law, Congress finds that consummation of the land
exchange directed by this section and all determinations,
authorizations, and actions taken by the Secretary pursuant to
this section pertaining to Phase I facilities on National Forest
System lands, or any modifications thereof, to be
nondiscretionary actions authorized and directed by Congress and
hence to comply with all procedural and other requirements of
the laws of the United States. Such determinations,
authorizations, and actions shall not be subject to
administrative or judicial review.
[[Page 110 STAT. 4127]]
(f) No Precedent.--Nothing in subsection (c)(4)(B) of this
section relating to conditions or limitations on the appraisal of the
Federal lands, or any provision of subsection (e), relating to the
approval by the Congress or the Forest Service of facilities on National
Forest System lands, shall be construed as a precedent for subsequent
legislation.
SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.
(a) Findings.--Congress finds that:
(1) The Weyerhaeuser Company has offered to the United
States Government an exchange of lands under which Weyerhaeuser
would receive approximately 48,000 acres of
Federal land in Arkansas and Oklahoma and all mineral interests
and oil and gas interests pertaining to these exchanged lands in
which the United States Government has an interest in return for
conveying to the United States lands owned by Weyerhaeuser
consisting of approximately 181,000 acres of forested wetlands
and other forest land of public interest in Arkansas and
Oklahoma and all mineral interests and all oil and gas interests
pertaining to 48,000 acres of these 181,000 acres of exchanged
lands in which Weyerhaeuser has an interest, consisting of--
(A) certain lands in Arkansas (Arkansas Ouachita
lands) located near Poteau Mountain, Caney Creek
Wilderness, Lake Ouachita, Little Missouri Wild and
Scenic River, Flatside Wilderness and the Ouachita
National Forest;
(B) certain lands in Oklahoma (Oklahoma lands)
located near the McCurtain County Wilderness, the Broken
Bow Reservoir, the Glover River, and the Ouachita
National Forest; and
(C) certain lands in Arkansas (Arkansas Cossatot
lands) located on the Little and Cossatot Rivers and
identified as the ``Pond Creek Bottoms'' in the Lower
Mississippi River Delta section of the North American
Waterfowl Management Plan;
(2) acquisition of the Arkansas Cossatot lands by the United
States will remove the lands in the heart of a critical wetland
ecosystem from sustained timber production and other
development;
(3) the acquisition of the Arkansas Ouachita lands and the
Oklahoma lands by the United States for administration by the
Forest Service will provide an opportunity for enhancement of
ecosystem management of the National Forest System lands and
resources;
(4) the Arkansas Ouachita lands and the Oklahoma lands have
outstanding wildlife habitat and important recreational values
and should continue to be made available for activities such as
public hunting, fishing, trapping, nature observation,
enjoyment, education, and timber management whenever these
activities are consistent with applicable Federal laws and land
and resource management plans; these lands, especially in the
riparian zones, also harbor endangered, threatened and sensitive
plants and animals and the conservation and restoration of these
areas are important to the recreational and educational public
uses and will represent a valuable ecological resource which
should be conserved;
[[Page 110 STAT. 4128]]
(5) the private use of the lands the United States will
convey to Weyerhaeuser will not conflict with established
management objectives on adjacent Federal lands;
(6) the lands the United States will convey to Weyerhaeuser
as part of the exchange described in paragraph (1) do not
contain comparable fish, wildlife, or wetland values;
(7) the values of all lands, mineral interests, and oil and
gas interests to be exchanged between the United States and
Weyerhaeuser are approximately equal in value; and
(8) the exchange of lands, mineral interests, and oil and
gas interests between Weyerhaeuser and the United States is in
the public interest.
(b) Purpose.--The purpose of this section is to authorize and direct
the Secretary of the Interior and the Secretary of Agriculture, subject
to the terms of this title, to complete, as expeditiously as possible,
an exchange of lands, mineral interests, and oil and gas interests with
Weyerhaeuser that will provide environmental, land management,
recreational, and economic benefits to the States of Arkansas and
Oklahoma and to the United States.
(c) Definitions.--As used in this section:
(1) Land.--The terms ``land'' or ``lands'' mean the surface
estate and any other interests therein except for mineral
interests and oil and gas interests.
(2) Mineral interests.--The term ``mineral interests'' means
geothermal steam and heat and all metals, ores, and minerals of
any nature whatsoever, except oil and gas interests, in or upon
lands subject to this title including, but not limited to, coal,
lignite, peat, rock, sand, gravel, and quartz.
(3) Oil and gas interests.--The term ``oil and gas
interests'' means all oil and gas of any nature, including
carbon dioxide, helium, and gas taken from coal seams
(collectively ``oil and gas'').
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture.
(5) Weyerhaeuser.--The term ``Weyerhaeuser'' means
Weyerhaeuser Company, a company incorporated in the State of
Washington.
(d) Exchange of Lands and Mineral Interest.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, within 90 days after
the date of the enactment of this Act, the Secretary of
Agriculture shall convey to Weyerhaeuser, subject to any valid
existing rights, approximately 20,000 acres of Federal lands and
mineral interests in the State of Arkansas and approximately
28,000 acres of Federal lands and mineral interests in the State
of Oklahoma as depicted on maps entitled ``Arkansas-Oklahoma
Land Exchange--Federal Arkansas and Oklahoma Lands,'' dated
February 1996 and available for public inspection in appropriate
offices of the Secretaries.
(2) Offer and acceptance of lands.--The Secretary of
Agriculture shall make the conveyance to Weyerhaeuser if
Weyerhaeuser conveys deeds of title to the United States,
subject to limitations and the reservation described in
subsection (e) and which are acceptable to and approved by the
Secretary of Agriculture to the following--
(A) approximately 115,000 acres of lands and mineral
interests in the State of Oklahoma, as depicted on a map
[[Page 110 STAT. 4129]]
entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Oklahoma Lands,'' dated February 1996 and available for
public inspection in appropriate offices of the
Secretaries;
(B) approximately 41,000 acres of lands and mineral
interests in the State of Arkansas, as depicted on a map
entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Arkansas Ouachita Lands,'' dated February 1996 and
available for public inspection in appropriate offices
of the Secretaries; and
(C) approximately 25,000 acres of lands and mineral
interests in the State of Arkansas, as depicted on a map
entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Arkansas Cossatot Lands,'' dated February 1996 and
available for public inspection in appropriate offices
of the Secretaries.
(e) Exchange of Oil and Gas Interests.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, at the same time as
the exchange for land and mineral interests is carried out
pursuant to this section, the Secretary of Agriculture shall
exchange all Federal oil and gas interests, including leases and
other agreements, in the lands described in subsection (d)(1)
for equivalent oil and gas interests, including existing leases
and other agreements, owned by Weyerhaeuser in the lands
described in subsection (d)(2).
(2) Reservation.--In addition to the exchange of oil and gas
interests pursuant to paragraph (1), Weyerhaeuser shall reserve
oil and gas interests in and under the lands depicted for
reservation upon a map entitled Arkansas-Oklahoma Land
Exchange--Weyerhaeuser Oil and Gas Interest Reservation Lands,
dated February 1996 and available for public inspection in
appropriate offices of the Secretaries. Such reservation shall
be subject to the provisions of this title and the form of such
reservation shall comply with the jointly agreed to
Memorandum of Understanding between the Forest Service and
Weyerhaeuser dated March 27, 1996 and on file with the Office of
the Chief of the Forest Service in Washington, D.C. and with the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the United States House
of Representatives.
(f) General Provisions.--
(1) Maps controlling.--The acreage cited in this section is
approximate. In the case of a discrepancy between the
description of lands, mineral interests, or oil and gas
interests to be exchanged pursuant to subsections (d) and (e)
and the lands, mineral interests, or oil and gas interests
depicted on a map referred to in such subsection, the map shall
control. The maps referenced in this section shall be subject to
such minor corrections as may be agreed upon by the Secretaries
and Weyerhaeuser so long as the Secretary of Agriculture
notifies the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the
United States House of Representatives of any such minor
corrections.
(2) Final maps.--Not later than 180 days after the
conclusion of the exchange required by subsections (d) and (e),
the
[[Page 110 STAT. 4130]]
Secretaries shall transmit maps accurately depicting the lands,
mineral interests, and oil and gas interests conveyed and
transferred pursuant to this section and the acreage and
boundary descriptions of such lands, mineral interests, and oil
and gas interests to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives.
(3) Cancellation.--If, before the exchange has been carried
out pursuant to subsections (d) and (e), Weyerhaeuser provides
written notification to the Secretaries that Weyerhauser no
longer intends to complete the exchange, with respect to the
lands, mineral interests, and oil and gas interests that would
otherwise be subject to exchange, the status of such lands,
mineral interests, and oil and gas interests shall revert to the
status of such lands, mineral interests, and oil and gas
interests as of the day before the date of enactment of this Act
and shall be managed in accordance with applicable law and
management plans.
(4) Withdrawal.--Subject to valid existing rights, the land
and interests therein depicted for conveyance to Weyerhauser on
the maps referenced in subsections (d) and (e) are withdrawn
from all forms of entry and appropriation under the public land
laws (including the mining laws) and from the operation of
mineral leasing and geothermal steam leasing laws effective upon
the date of the enactment of this title. Such withdrawal shall
terminate 45 days after completion of the exchange provided for
in subsections (d) and (e) or on the date of notification by
Weyerhauser of a decision not to complete the exchange.
(g) National Forest System.--
(1) Addition to the system.--Upon approval and acceptance of
title by the Secretary of Agriculture, the 156,000 acres of land
conveyed to the United States pursuant to subsection (d)(2) (A)
and (B) of this section shall be subject to the Act of March 1,
1911 (commonly known as the Weeks Law) (36 Stat. 961, as
amended), and shall be administered by the
Secretary of Agriculture in accordance with the laws and
regulations pertaining to the National Forest System.
(2) Plan amendments.--No later than 12 months after the
completion of the exchange required by this section, the
Secretary of Agriculture shall begin the process to amend
applicable land and resource management plans with public
involvement pursuant to section 6 of the Forest and Rangeland
Renewable Resource Planning Act of 1974, as amended by the
National Forest Management Act of 1976 (16 U.S.C. 1604):
Provided, That no amendment or revision of applicable land and
resource management plans shall be required prior to completion
of the amendment process required by this paragraph for the
Secretary of Agriculture to authorize or undertake activities
consistent with forest wide standards and guidelines and all
other applicable laws and regulations on lands conveyed to the
United States pursuant to subsection (d)(2) (A) and (B).
<<NOTE: 16 USC 668dd note.>> (h) Other.--
(1) Addition to the national wildlife refuge system.--Once
acquired by the United States, the 25,000 acres of land
identified in subsection (d)(2)(C), the Arkansas Cossatot lands,
shall be managed by the Secretary of the Interior as a
[[Page 110 STAT. 4131]]
component of the Cossatot National Wildlife Refuge in accordance
with the National Wildlife Refuge System Administration Act of
1996 (16 U.S.C. 668dd-668ee).
(2) Plan preparation.--Within 24 months after the completion
of the exchange required by this section, the
Secretary of the Interior shall prepare and implement a single
refuge management plan for the Cossatot National Wildlife
Refuge, as expanded by this title. Such plans shall recognize
the important public purposes served by the nonconsumptive
activities, other recreational activities, and wildlife-related
public use, including hunting, fishing, and trapping. The plan
shall permit, to the maximum extent practicable, compatible uses
to the extent that they are consistent with sound wildlife
management and in accordance with the National Wildlife
Refuge System Administration Act of 1996 (16 U.S.C. 668dd-668ee)
and other applicable laws. Any regulations promulgated by the
Secretary of the Interior with respect to hunting, fishing, and
trapping on those lands shall, to the extent practicable, be
consistent with State fish and wildlife laws and regulations. In
preparing the management plan and regulations, the
Secretary of the Interior shall consult with the Arkansas Game
and Fish Commission.
(3) Interim use of lands.--
(A) In general.--Except as provided in paragraph (2)
during the period beginning on the date of the
completion of the exchange of lands required by this
section and ending on the first date of the
implementation of the plan prepared under paragraph (2),
the Secretary of the Interior shall administer all lands
added to the Cossatot National Wildlife Refuge pursuant
to this title in accordance with the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668dd-668ee) and other applicable laws.
(B) Hunting seasons.--During the period described in
subparagraph (A), the duration of any hunting season on
the lands described in paragraph (1) shall comport with
the applicable State law.
(i) Ouachita National Forest Boundary Adjustment.--Upon acceptance
of title by the Secretary of Agriculture of the lands conveyed to the
United States pursuant to subsection (d)(2) (A) and (B), the boundaries
of the Ouachita National Forest shall be adjusted to encompass those
lands conveyed to the United States generally depicted on the
appropriate maps referred to in subsection (d). Nothing in this
subsection shall limit the authority of the Secretary of Agriculture to
adjust the boundary pursuant to section 11 of the Weeks Law of March 1,
1911. 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 Ouachita
National Forest, as adjusted by this section, shall be considered to be
the boundaries of the Forest as of January 1, 1965.
(j) Maps and Boundary Descriptions.--Not later than 180 days after
the date of enactment of this title, the Secretary of Agriculture shall
prepare a boundary description of the lands depicted on the map(s)
referred to in subsection (d)(2) (A) and (B). Such map(s) and boundary
description shall have the same force and effect as if included in this
Act, except that the Secretary of Agriculture may correct clerical and
typographical errors.
[[Page 110 STAT. 4132]]
SEC. 306. BIG THICKET NATIONAL PRESERVE.
(a) Extension.--The last sentence of subsection (d) of the first
section of the Act entitled ``An Act to authorize the establishment of
the Big Thicket National Preserve in the State of Texas, and for other
purposes'', approved October 11, 1974 (16 U.S.C. 698(d)), is amended by
striking out ``two years after date of enactment'' and inserting ``five
years after the date of enactment''.
(b) Independent Appraisal.--Subsection (d) of the first section of
such Act (16 U.S.C. 698(d)) is further amended by adding at the end the
following: ``The Secretary, in considering the values of the private
lands to be exchanged under this subsection, shall consider independent
appraisals submitted by the owners of the private lands.''
(c) Limitation.--Subsection (d) of the first section of such Act (16
U.S.C. 698(d)), as amended by subsection (b), is further amended by
adding at the end the following: ``The authority to exchange lands under
this subsection shall expire on July 1, 1998.''.
<<NOTE: 16 USC 698 note.>> (d) Reporting Requirement.--Not later
than 6 months after the date of the enactment of this Act and every 6
months thereafter until the earlier of the consummation of the exchange
of July 1, 1998, the Secretary of the Interior and the Secretary of
Agriculture shall each submit a report to the Committee on Resources of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate concerning the progress in consummating the land
exchange authorized by the amendments made by the Big Thicket National
Preserve Addition Act of 1993 (Public Law 103-46).
<<NOTE: 16 USC 698 note.>> (e) Land Exchange in Liberty County,
Texas.--If, within one year after the date of the enactment of this
Act--
(1) the owners of the private lands described in subsection
(f)(1) offer to transfer all their right, title, and interest in
and to such lands to the Secretary of the Interior, and
(2) Liberty County, Texas, agrees to accept the transfer of
the Federal lands described in subsection (f)(2),
the Secretary shall accept such offer of private lands and, in exchange
and without additional consideration, transfer to Liberty County, Texas,
all right, title, and interest of the United States in and to the
Federal lands described in subsection (f)(2).
<<NOTE: 16 USC 698 note.>> (f) Lands Described.--
(1) Private lands.--The private lands described in this
paragraph are approximately 3.76 acres of lands located in
Liberty County, Texas, as generally depicted on the map
entitled ``Big Thicket Lake Estates Access--Proposed''.
(2) Federal lands.--The Federal lands described in this
paragraph are approximately 2.38 acres of lands located in
Menard Creek Corridor Unit of the Big Thicket National
Preserve, as generally depicted on the map referred to in
paragraph (1).
<<NOTE: 16 USC 698 note.>> (g) Administration of Lands Acquired by
the United States.--The lands acquired by the Secretary under subsection
(e) shall be added to and administered as part of the Menard Creek
Corridor Unit of the Big Thicket National Preserve.
SEC. 307. LOST CREEK LAND EXCHANGE.
(a) Land Exchange.--
[[Page 110 STAT. 4133]]
(1) In general.--Notwithstanding any other provision of law,
the Secretary of Agriculture (referred to in this section as the
``Secretary'') shall--
(A) acquire by exchange certain land and interests
in land owned by R-Y Timber, Inc., and its affiliates,
successors, and assigns (referred to in this section as
the ``Corporation''), located in the Lost Creek and Twin
Lakes areas of the Beaverhead-Deerlodge National Forest,
Montana; and
(B)(i) convey certain land and interests in land
owned by the United States and located in the
Beaverhead-Deerlodge National Forest and the Gallatin
National
Forest, Montana, to the Corporation; and
(ii) grant the right to harvest timber on land in
the Beaverhead-Deerlodge National Forest and the
Gallatin National Forest as specified in the document
under paragraph (4).
(2) Offer and acceptance of land.--
(A) Non-federal land.--If the Corporation offers to
convey to the United States fee title that is acceptable
to the Secretary to approximately 17,567 acres of land
owned by the Corporation and available for exchange, as
depicted on the map entitled ``R-Y/Forest Service Land
Exchange Proposal'', dated June 1996, and described in
the document under paragraph (4), the Secretary shall
accept a warranty deed to the land.
(B) Federal land.--
(i) Conveyance.--On acceptance of title to the
Corporation's land under subparagraph (A) and on
the effective date of the document under paragraph
(4), the Secretary shall--
(I) convey to the Corporation,
subject to valid existing rights, by
exchange deed, fee title to
approximately 7,185 acres in the
Beaverhead-Deerlodge National Forest;
and
(II) grant to the Corporation the
right to harvest approximately 6,200,000
board feet of timber on certain land in
the Beaverhead-Deerlodge National Forest
and approximately 4,000,000 board feet
of timber on certain land in the
Gallatin National Forest, collectively
referred to as the harvest volume, as
depicted on the map described in
subparagraph (A) and subject to the
terms and conditions stated in the
document under paragraph (4).
(3) Timber harvesting.--
(A) In general.--The timber harvest volume described
in paragraph (2)(B)(i)(II) is in addition to, and is not
intended as an offset against, the present or future
planned timber sale program for the Beaverhead-Deerlodge
National Forest or the Gallatin National Forest, so long
as the allowable sale quantity for each national forest,
respectively, is not exceeded for the planning period.
(B) SBA share.--The Forest Service shall not reduce
its Small Business Administration share of timber sale
set-aside offerings in the Beaverhead-Deerlodge National
[[Page 110 STAT. 4134]]
Forest or the Gallatin National Forest by reason of the
land exchange under this subsection.
(C) Minimum and maximum annual harvests.--
(i) In general.-- Subject to clause (ii)--
(I) not less than 20 nor more than
30 percent of the timber described in
paragraph (2)(B)(i)(II) shall be made
available by the end of each fiscal year
over a 4- or 5-year period beginning
with the first fiscal year that begins
after the date of enactment of this Act;
and
(II) the Corporation shall be
allowed at least 3 years after the end
of each fiscal year in which to complete
the harvest of timber made available for
that fiscal year.
(ii) Exceptional circumstances.--The timber
harvest volumes specified in clause (i) shall not
be required in the case of the occurrence of
exceptional circumstances identified in the
agreement under
paragraph (4). In the case of such an occurrence
that results in the making available of less than
20 percent of the timber for any fiscal year, the
Secretary shall provide compensation of equal
value to the Corporation in a form provided for in
the agreement under paragraph (4).
(4) Land exchange specification agreement.--
(A) In general.-- Notwithstanding any other
provision of law, a document entitled ``R-Y/Forest
Service Land Exchange Specifications'' shall be jointly
developed and agreed to by the Corporation and the
Secretary.
(B) Descriptions of lands to be exchanged.--The
document under subparagraph (A) shall define the non-
Federal and Federal lands and interests in land to be
exchanged and include legal descriptions of the lands
and interests in land and an agreement to harvest timber
on National Forest System land in accordance with the
standard timber contract specifications, section 251.14
of title 36, Code of Federal Regulations (as in effect
on the date of enactment of this Act), and any other
pertinent conditions.
(C) Submission to congress.--The document under
subparagraph (A)--
(i) upon its completion shall be submitted to
the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the
House of Representatives; and
(ii) shall not take effect until 45 days after
the date of submission to both committees.
(D) Design and layout.--
(i) In general.--The Forest Service shall
determine the timber sale design and layout in
consultation with the Corporation.
(ii) Harvest volume.--Identification of the
timber harvest volume shall be determined in
accordance with Department of Agriculture
standards.
(iii) Monitoring.--The Forest Service shall
monitor harvest and post-harvest
activities to ensure
[[Page 110 STAT. 4135]]
compliance with the terms and conditions of the document under
subparagraph (A).
(5) Conflict.--In case of conflict between the map described
in paragraph (2)(A) and the document under paragraph (4), the
map shall control.
(b) Title.--
(1) Review of title.--Not later than 60 days after receipt
of title documents from the Corporation, the Secretary shall
review the title for the non-Federal land described in
subsection (a)(2)(A) and determine whether--
(A) title standards of the Department of Justice
applicable to Federal land acquisition have been
satisfied or the quality of title is otherwise
acceptable to the
Secretary;
(B) all draft conveyances and closing documents have
been received and approved;
(C) a current title commitment verifying compliance
with applicable title standards has been issued to the
Secretary; and
(D) the Corporation has complied with the conditions
imposed by this section.
(2) Unacceptable quality of title.--If the quality of title
does not meet Federal standards and is not otherwise acceptable
to the Secretary, the Secretary shall advise the Corporation
regarding corrective actions necessary to make an affirmative
determination.
(3) Conveyance of title.--The Secretary shall accept the
conveyance of land described in subsection (a)(2)(A) not later
than 60 days after the Secretary has made an affirmative
determination of quality of title.
(c) General Provisions.--
(1) Maps and documents.--
(A) In general.--The map described in subsection
(a)(2)(A) and the document under subsection (a)(4) shall
be subject to such minor corrections may be agreed upon
by the Secretary and the Corporation.
(B) Publc availability.--The map described in
subsection (a)(2)(A) and the document under subsection
(a)(4) shall be on file and available for public
inspection in the appropriate offices for the Forest
Service.
[[Page 110 STAT. 4136]]
(2) National forest system land.--
(A) In general.--All land conveyed to the United
States under this section shall be added to and
administered as part of the Beaverhead-Deerlodge
National Forest and shall be administered by the
Secretary in accordance with the laws (including
regulations) pertaining to the National Forest System.
(B) Wilderness study area acquisitions.--Land
acquired under this section that is located within the
boundary of a wilderness area in existence on the date
of enactment of this Act shall be included within the
National Wilderness Preservation System.
(3) Valuation.--The values of the lands and interests in
land to be exchanged under this section are deemed to be equal.
(4) Liability for hazardous substances.--The United States
(including the departments, agencies, and employees of the
United States) shall not be liable under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), or any other Federal, State, or
local law solely as a result of the acquisition of an interest
in the land described in subsection (a)(2)(A) or because of
circumstances or events occurring before the acquisition,
including
any release or threat of release of a hazardous substance.
(5) Release from study.--The land comprising approximately
1.320 acres in the Beaverhead-Deerlodge National
Forest, as generally depicted on the map entitled ``West Pioneer
Study Deletion--Proposed'', dated 1994, is released from study
under section 2(a)(1) of the Montana Wilderness Study Act of
1977 (91 Stat. 1243).
SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE.
(a) Conveyance by the Secretary of Agriculture.--
(1) Conveyance.--In exchange for the conveyance described in
subsection (b), the Secretary of Agriculture (hereinafter
referred to as the ``Secretary'') shall convey to the Orange
County Council of the Boy Scouts of America all right, title,
and interest of the United States in and to the parcel of land
described in paragraph (2) located in the Cleveland National
Forest. The parcel conveyed by the Secretary shall be subject to
valid existing rights and to any easements that the Secretary
considers necessary for public and administrative access.
(2) Description of parcel.--The parcel of land referred to
in paragraph (1) consists of not more than 60 acres of land in
Section 28, Township 9 South, Range 4 East, San Bernardino
Meridian, in the unincorporated territory of San Diego County,
California.
(b) Conveyance by the Boy Scouts of America.--
(1) Conveyance.--In exchange for the conveyance described in
subsection (a), the Orange County Council of the Boy Scouts of
America shall convey to the United States all right, title, and
interest to the parcel of land described in paragraph (2). The
parcel conveyed under this subsection shall
[[Page 110 STAT. 4137]]
be subject to such valid existing rights of record as may be
acceptable to the Secretary, and the title to the parcel shall
conform with the title approval standards applicable to Federal
land acquisitions.
(2) Description of parcel.--The parcel of land referred to
in paragraph (1) shall be approximately equal in value to the
lands described in subsection (a)(2) and shall be at least the
Southerly 94 acres of the Westerly \1/2\ of Section 34, Township
9 South, Range 4 East, San Bernardino Meridian, in the
unincorporated territory of San Diego County, California.
(c) Boundary Adjustment.--Upon the completion of the land exchange
authorized under this section, the Secretary shall adjust the boundaries
of the Cleveland National Forest to exclude the parcel conveyed by the
Secretary under subsection (a) and to include the parcel obtained by the
Secretary under subsection (b). For purposes of section 7 of the Land
and Water Conservation Fund Act of 1964 (16 U.S.C. 460l-9), the boundary
of the Cleveland National Forest, as modified by this title, shall be
considered the boundary of the forest as of January 1, 1965.
(d) Incorporation Into Cleveland National Forest.--Upon acceptance
of title by the Secretary, the parcel obtained by the Secretary under
subsection (b) shall become part of the Cleveland National Forest and
shall be subject to all laws applicable to such national forest.
SEC. 309. SAND HOLLOW LAND EXCHANGE.
(a) Definitions.--As used in this section:
(1) District.--The term ``District'' means the Water
Conservancy District of Washington County, Utah.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Bulloch site.--The term ``Bulloch Site'' means the lands
located in Kane County, Utah, adjacent to Zion National Park,
comprised of approximately 550 acres, as generally depicted on a
map entitled ``Washington County Water Conservancy District
Exchange Proposal'' and dated May 30, 1996.
(4) Sand hollow site.--The term ``Sand Hollow Site'' means
the lands located in Washington County, Utah, Comprised of
approximately 3,000 acres, as generally depicted on a map
entitled ``Washington County Water Conservancy District Exchange
Proposal'' and dated May 30, 1996.
(5) Quail creek pipeline.--The term ``Quail Creek
Pipeline'' means the lands located in Washington County, Utah,
comprised of approximately 40 acres, as generally depicted on a
map entitled ``Washington County Water Conservancy District
Exchange Proposal'' and dated May 30, 1996.
(6) Quail creek reservoir.--The term ``Quail Creek
Reservoir'' means the lands located in Washington County, Utah,
comprised of approximately 480.5 acres, as generally depicted on
a map entitled ``Washington County Water Conservancy District
Exchange Proposal'' and dated May 30, 1996.
(7) Smith property.--The term ``Smith Property'' means the
lands located in Washington County, Utah, comprised of
approximately 1,550 acres as generally depicted on a map
entitled ``Washington County Water Conservancy District Exchange
Proposal'' and dated May 30, 1996.
(b) Exchange.--
[[Page 110 STAT. 4138]]
(1) In general.--Subject to the provisions of this section,
if within 18 months after the date of the enactment of this Act,
the Water Conservancy District of Washington County, Utah,
offers to transfer to the United States all right, title, and
interest of the District in and to the Bulloch Site, the
Secretary of the Interior shall, in exchange, transfer to the
District all right, title, and interest of the United States in
and to the Sand Hollow Site, the Quail Creek Pipeline and Quail
Creek Reservoir, subject to valid existing rights.
(2) Water rights associated with the bulloch site.--The
water rights associated with the Bulloch Site shall be
transferred to the United States pursuant to Utah State law.
(3) Withdrawal of mineral interests.--Subject to valid
existing rights, the mineral interests underlying the Sand
Hollow Site, the Quail Creek Reservoir, and the Quail Creek
Pipeline are hereby withdrawn from disposition under the public
land laws and from location, entry, and patent under the mining
laws of the United States, from the operation of the mineral
leasing laws of the United States, from the operation of the
Geothermal Steam Act of 1970, and from the operation of the Act
of July 31, 1947, commonly known as the ``Materials Act of
1947'' (30 U.S.C. 601 et seq.).
(4) Grazing.--The exchange of lands under paragraph (1)
shall be subject to agreement by the District to continue to
permit the grazing of domestic livestock on the Sand Hollow Site
under the terms and conditions of existing Federal grazing
leases or permits, except that the District, upon terminating
any such lease or permit, shall fully compensate the holder of
the terminated lease or permit.
(c) Equalization of Values.--The value of the lands transferred out
of Federal ownership under subsection (b) either shall be equal to the
value of the lands received by the Secretary under that section or, if
not, shall be equalized by--
(1) to the extent possible, transfer of all right, title,
and interest of the District in and to lands in Washington
County, Utah, and water rights of the District associated
thereto,
which are within the area providing habitat for the desert
tortoise, as determined by the Director of the Bureau of Land
Management;
(2) transfer of all right, title, and interest of the
District in and to lands in the Smith Site and water rights of
the District associated thereto; and
(3) the payment of money to the Secretary, to the extent
that lands and rights transferred under paragraphs (1) and (2)
are not sufficient to equalize the values of the lands exchanged
under subsection (b)(1).
(d) Management of Lands Acquired by the United States.--Lands
acquired by the Secretary under this section shall be administered by
the Secretary, acting through the Director of the Bureau of Land
Management, in accordance with the provisions of law generally
applicable to the public lands, including the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) National Environmental Policy Act of 1976.--The exchange of
lands under this section is not subject to section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4322).
(f) Valuation of Lands To Be Acquired by the United States in
Washington County, Utah.--In acquiring any lands
[[Page 110 STAT. 4139]]
and any interests in lands in Washington County, Utah, by purchase,
exchange, donation or other transfers of interest, the
Secretary of the Interior shall appraise, value, and offer to acquire
such lands and interests without regard to the presence of a species
listed as threatened or endangered or any proposed or actual designation
of such property as critical habitat for a species listed as threatened
or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZATION FOR
FISCAL YEARS 1997 THROUGH 2002.
Section 318(a) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1748(a)) is amended by striking out ``October 1, 1978'' and
by inserting in lieu thereof ``October 1, 2002''.
<<NOTE: Kenai Natives Association Equity Act Amendments of 1996. 43 USC
1784 note.>> SEC. 311. KENAI NATIVES ASSOCIATION LAND
EXCHANGE.
(a) Short Title.--This section may be cited as the ``Kenai Natives
Association Equity Act Amendments of 1996''.
(b) Findings and Purpose.--
(1) Findings.--The Congress finds the following:
(A) The United States Fish and Wildlife Service and
Kenai Natives Association, Inc., have agreed to
transfers of certain land rights, in and near the Kenai
National Wildlife Refuge, negotiated as directed by
Public Law
102-458.
<<NOTE: Exxon Valdez.>> (B) The lands to be acquired
by the Service are within the area impacted by the Exxon
Valdez oil spill of 1989, and these lands included
important habitat for various species of fish and
wildlife for which significant injury resulting from the
spill has been documented through the EVOS Trustee
Council restoration process. This analysis has indicated
that these lands generally have value for the
restoration of such injured natural resources as pink
salmon, dolly varden, bald eagles, river otters, and
cultural and archaeological resources. This analysis has
also indicated that these lands generally have high
value for the restoration of injured species that rely
on these natural resources, including wilderness
quality, recreation, tourism, and subsistence.
(C) Restoration of the injured species will benefit
from acquisition and the prevention of disturbances
which may adversely affect their recovery.
(D) It is in the public interest to complete the
conveyances provided for in this section.
(2) Purpose.--The purpose of this section is to authorize
and direct the Secretary, at the election of KNA, to complete
the conveyances provided for in this section.
(c) Definitions.--For purposes of this section, the term--
(1) ``ANCSA'' means the Alaska Native Claims Settlement Act
of 1971 (43 U.S.C. 1601 et seq.);
(2) ``ANILCA'' means the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq.);
(3) ``conservation system unit'' has the same meaning as in
section 102(4) of ANILCA (16 U.S.C. 3102(4));
(4) ``CIRI'' means the Cook Inlet Region, Inc., a Native
Regional Corporation incorporated in the State of Alaska
pursuant to the terms of ANCSA;
(5) ``EVOS'' means the Exxon Valdez oil spill;
[[Page 110 STAT. 4140]]
(6) ``KNA'' means the Kenai Natives Association, Inc., an
urban corporation incorporated in the State of Alaska pursuant
to the terms of ANCSA;
(7) ``lands'' means any lands, waters, or interests therein;
(8) ``Refuge'' means the Kenai National Wildlife Refuge;
(9) ``Secretary'' means the Secretary of the Interior;
(10) ``Service'' means the United States Fish and Wildlife
Service; and
(11) ``Terms and Conditions'' means the Terms and Conditions
for Land Consolidation and Management in the Cook Inlet Area, as
clarified on August 31, 1976, ratified by section 12 of Public
Law 94-204 (43 U.S.C. 1611 note).
(d) Acquisition of Lands.--
(1) Offer to kna.--
(A) In general.--Subject to the availability of the
funds identified in paragraph (2)(C), no later than 90
days after the date of enactment of this section, the
Secretary shall offer to convey to KNA the interests in
land and rights set forth in paragraph (2)(B), subject
to valid existing rights, in return for the conveyance
by KNA to the United States of the interests in land or
relinquishment of ANCSA selections set forth in
paragraph (2)(A). Payment for the lands conveyed to the
United States by KNA is contingent upon KNA's acceptance
of the entire conveyance outlined herein.
(B) Limitation.--The Secretary may not convey any
lands or make payment to KNA under this section unless
title to the lands to be conveyed by KNA under this
section has been found by the United States to be
sufficient in accordance with the provisions of section
355 of the Revised Statutes (40 U.S.C. 255).
(2) Acquisition lands.--
(A) Lands to be conveyed to the united states.--The
lands to be conveyed by KNA to the United States, or the
valid selection rights under ANCSA to be relinquished,
all situated within the boundary of the Refuge, are the
following:
(i) The conveyance of approximately 803 acres
located along and on islands within the Kenai
River, known as the Stephanka Tract.
(ii) The conveyance of approximately 1,243
acres located along the Moose River, known as the
Moose River Patented Lands Tract.
(iii) The relinquishment of KNA's selection
known as the Moose River Selected Tract,
containing approximately 753 acres located along
the Moose River.
(iv) The relinquishment of KNA's remaining
ANCSA entitlement of approximately 454 acres.
(v) The relinquishment of all KNA's remaining
overselections. Upon completion of all
relinquishments outlined above, all KNA's
entitlement shall be deemed to be extinguished and
the completion of this acquisition will satisfy
all of KNA's ANCSA entitlement.
(vi) The conveyance of an access easement
providing the United States and its assigns access
across KNA's surface estate in the SW\1/4\ of
section 21, T. 6 N., R. 9 W., Seward Meridian,
Alaska.
[[Page 110 STAT. 4141]]
(vii) The conveyance of approximately 100
acres within the Beaver Creek Patented Tract,
which is contiguous to lands being retained by the
United States contiguous to the Beaver Creek
Patented Tract, in exchange for 280 acres of
Service lands currently
situated within the Beaver Creek Selected Tract.
(B) Lands to be conveyed to kna.--The rights
provided or lands to be conveyed by the United States to
KNA, are the following:
(i) The surface and subsurface estate to
approximately 5 acres, subject to reservations of
easements for existing roads and utilities,
located within the city of Kenai, Alaska,
identified as United States Survey 1435, withdrawn
by Executive Order 2943 and known as the old Fish
and Wildlife Service Headquarters site.
(ii) The remaining subsurface estate held by
the United States to approximately 13,651 acres,
including portions of the Beaver Creek Patented
Tract, the
Beaver Creek Selected Tract, and portions of the
Swanson River Road West Tract and the Swanson
River Road East Tract, where the surface was
previously or will be conveyed to KNA pursuant to
this Act but excluding the SW\1/4\ of section 21,
T. 6 N., R. 9 W, Seward Meridian, Alaska, which
will be retained by the United States. The
conveyance of these subsurface interests will be
subject to the rights of CIRI to the coal, oil,
gas, and to all rights CIRI, its successors, and
assigns would have under paragraph 1(B) of the
Terms and Conditions, including the right to sand
and gravel, to construct facilities, to have
rights-of-way, and to otherwise develop it
subsurface interests.
(iii)(I) The nonexclusive right to use sand
and gravel which is reasonably necessary for on-
site
development without compensation or permit on
those portions of the Swanson River Road East
Tract, comprising approximately 1,738.04 acres;
where the entire subsurface of the land is
presently owned by the United States. The United
States shall retain the ownership of all other
sand and gravel located within the subsurface and
KNA shall not sell or dispose of such sand and
gravel.
(II) The right to excavate within the
subsurface estate as reasonably necessary for
structures, utilities, transportation systems, and
other development of the surface estate.
(iv) The nonexclusive right to excavate within
the subsurface estate as reasonably necessary for
structures, utilities, transportation systems, and
other development of the surface estate on the
SW\1/4\, section 21, T. 6 N., R. 9 W., Seward
Meridian, Alaska, where the entire subsurface of
the land is owned by the United States and which
public lands shall continue to be withdrawn from
mining following their removal from the Refuge
boundary under paragraph (3)(A)(ii). The United
States shall retain the ownership of all other
sand and gravel located within the subsurface of
this parcel.
[[Page 110 STAT. 4142]]
(v) The surface estate of approximately 280
acres known as the Beaver Creek Selected Tract.
This tract shall be conveyed to KNA in exchange
for lands
conveyed to the United States as described in
paragraph (2)(A)(ii).
(C) Payment.--The United States shall make a total
cash payment to KNA for the above-described lands of
$4,443,000, contingent upon the appropriate approvals of
the Federal or State of Alaska EVOS Trustees (or both)
necessary for any expenditure of the EVOS settlement
funds.
(D) National register of historic places.--Upon
completion of the acquisition authorized in paragraph
(1), the Secretary shall, at no cost to KNA, in
coordination with KNA, promptly undertake to nominate
the Stephanka Tract to the National Register of Historic
Places, in recognition of the archaeological artifacts
from the original Dena'ina Settlement. If the Department
of the Interior establishes a historical, cultural, or
archaeological interpretive site, KNA shall have the
exclusive right to operate a Dena'ina interpretive site
on the Stephanka Tract under the regulations and
policies of the department. If KNA declines to operate
such a site, the department may do so under its existing
authorities. Prior to the department undertaking any
archaeological activities whatsoever on the Stephanka
Tract, KNA shall be consulted.
<<NOTE: 16 USC 668dd note.>> (3) General provisions.--
(A) Removal of kna lands from the national
wildlife refuge system.--
(i) Effective on the date of closing for the
Acquisition Lands identified in paragraph (2)(B),
all lands retained by or conveyed to KNA pursuant
to this section, and the subsurface interests of
CIRI underlying such lands shall be automatically
removed from the National Wildlife Refuge System
and shall neither be considered as part of the
Refuge nor subject to any laws pertaining solely
to lands within the boundaries of the Refuge. The
conveyance restrictions imposed by section 22(g)
of ANCSA (i) shall then be ineffective and cease
to apply to such interests of KNA and CIRI, and
(ii) shall not be applicable to the interests
received by KNA in accordance with paragraph
(2)(B) or to the CIRI interests underlying them.
The Secretary shall adjust the boundaries of the
Refuge so as to exclude all interests in lands
retained or received in exchange by KNA in
accordance with this section, including both
surface and subsurface, and shall also exclude all
interests currently held by CIRI. On lands within
the Swanson River Road East Tract, the boundary
adjustment shall only include the surface estate
where the subsurface estate is retained by the
United States.
(ii)(I) The Secretary, KNA, and CIRI shall
execute an agreement within 45 days of the date of
enactment of this section which preserves CIRI's
rights under paragraph 1(B)(1) of the Terms and
Conditions, addresses CIRI's obligations under
such paragraph,
[[Page 110 STAT. 4143]]
and adequately addresses management issues
associated with the boundary adjustment set forth
in this section and with the differing interests
in land
resulting from enactment of this section.
(II) In the event that no agreement is
executed as provided for in subclause (I), solely
for the purposes of administering CIRI's rights
under paragraph 1(B)(1) of the Terms and
Conditions, the Secretary and CIRI shall be deemed
to have retained their respective rights and
obligations with respect to CIRI's subsurface
interests under the requirements of the Terms and
Conditions in effect on June 18, 1996.
Notwithstanding the boundary adjustments made
pursuant to this
section, conveyances to KNA shall be deemed to
remain subject to the Secretary's and CIRI's
rights and obligations under paragraph 1(B)(1) of
the Terms and Conditions.
(iii) The Secretary is authorized to acquire
by purchase or exchange, on a willing seller basis
only, any lands retained by or conveyed to KNA. In
the event that any lands owned by KNA are
subsequently acquired by the United States, they
shall be automatically included in the Refuge
System. The laws and regulations applicable to
Refuge lands shall then apply to these lands and
the Secretary shall then adjust the boundaries
accordingly.
(iv) Nothing in this section is intended to
enlarge or diminish the authorities, rights,
duties, obligations, or the property rights held
by CIRI under the Terms and Conditions, or
otherwise except as set forth in this section. In
the event of the purchase by the United States of
any lands from KNA in accordance with subparagraph
(A)(ii), the United States shall reassume from KNA
the rights it previously held under the Terms and
Conditions and the provisions in any patent
implementing section 22(g) of ANCSA will again
apply.
(v) By virtue of implementation of this
section, CIRI is deemed entitled to 1,207 acres of
in-lieu subsurface entitlement under section
12(a)(1) of ANCSA. Such entitlement shall be
fulfilled in accordance with paragraph 1(B)(2)(A)
of the Terms and Conditions.
(B) Maps and legal descriptions.--Maps and a legal
description of the lands described above shall be on
file and available for public inspection in the
appropriate offices of the United States Department of
the Interior, and the Secretary shall, no later than 90
days after enactment of this section, prepare a legal
description of the lands described in paragraph
(2)(A)(vii). Such maps and legal description shall have
the same force and effect as if included in the section,
except that the Secretary may correct clerical and
typographical errors.
(C) Acceptance.--KNA may accept the offer made in
this section by notifying the Secretary in writing of
its decision within 180 days of receipt of the offer. In
the event the offer is rejected, the Secretary shall
notify the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources
[[Page 110 STAT. 4144]]
and the Committee on Environment and Public Works of the
Senate.
(D) Final maps.--Not later than 120 days after the
conclusion of the acquisition authorized by paragraph
(1), the Secretary shall transmit a final report and
maps accurately depicting the lands transferred and
conveyed pursuant to this section and the acreage and
legal descriptions of such lands to the Committee on
Resources of the House of Representatives and the
Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the Senate.
<<NOTE: 16 USC 1132 note.>> (e) Adjustments to National Wilderness
System.--Upon acquisition of lands by the United States pursuant to
subsection (d)(2)(A), that portion of the Stephanka Tract lying south
and west of the Kenai River, consisting of approximately 592 acres,
shall be included in and managed as part of the Kenai Wilderness and
such lands shall be managed in accordance with the applicable provisions
of the Wilderness Act and ANILCA.
(f) Designation of Lake Todatonten Special Management Area.--
(1) Purpose.--To balance the potential effects on fish,
wildlife, and habitat of the removal of KNA lands from the
Refuge System, the Secretary is hereby directed to withdraw,
subject to valid existing rights, from location, entry, and
patent under the mining laws and to create as a special
management unit for the protection of fish, wildlife, and
habitat, certain unappropriated and unreserved public lands,
totaling approximately 37,000 acres adjacent to the west
boundary of the Kanuti National Wildlife Refuge to be know as
the ``Lake Todatonten Special Management Area'', as depicted on
the map entitled ``Proposed: Lake Todatonten Special Management
Area'', dated June 13, 1996, and to be managed by the Bureau of
Land Management.
(2) Management.--
(A) Such designation is subject to all valid
existing rights as well as the subsistence preferences
provided under title VIII of ANILCA. Any lands conveyed
to the State of Alaska shall be removed from the Lake
Todatonten Special Management Area.
(B) The Secretary may permit any additional uses of
the area, or grant easements, only to the extent that
such use, including leasing under the mineral leasing
laws, is determined to not detract from nor materially
interfere with the purposes for which the Special
Management Area is established.
(C)(i) The BLM shall establish the Lake Todatonten
Special Management Area Committee. The membership of the
Committee shall consist of 11 members as follows:
(I) Two residents each from the villages of
Alatna, Allakaket, Hughes, and Tanana.
(II) One representative from each of Doyon
Corporation, the Tanana Chiefs Conference, and the
State of Alaska.
(ii) Members of the Committee shall serve without
pay.
(iii) The BLM shall hold meetings of the Lake
Todatonten Special Management Area Committee at least
[[Page 110 STAT. 4145]]
once per year to discuss management issues within the
Special Management Area. The BLM shall not allow any new
type of activity in the Special Management Area without
first conferring with the Committee in a timely manner.
(3) Access.--The Secretary shall allow the following:
(A) Private access for any purpose, including
economic development, to lands within the boundaries of
the Special Management Area which are owned by third
parties or are held in trust by the Secretary for third
parties pursuant to the Alaska Native Allotment Act (25
U.S.C. 336). Such rights may be subject to restrictions
issued by the BLM to protect subsistence uses of the
Special Management Area.
(B) Existing public access across the Special
Management Area. Section 1110(a) of ANILCA shall apply
to the Special Management Area.
(4) Secretarial order and maps.--The Secretary shall file
with the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the Senate, the
Secretarial Order and maps setting forth the boundaries of the
Area within 90 days of the completion of the acquisition
authorized by this section. Once established, this Order may
only be amended or revoked by Act of Congress.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this section.
TITLE IV--RIVERS AND TRAILS
SEC. 401. RIO PUERCO WATERSHED.
(a) Management Program.--
(1) In general.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management shall--
(A) in consultation with the Rio Puerco Management
Committee established by subsection (b)--
(i) establish a clearinghouse for research and
information on management within the area
identified as the Rio Puerco Drainage Basin, as
depicted on the map entitled ``the Rio Puerco
Watershed'' dated June 1994, including--
(I) current and historical natural
resource conditions; and
(II) data concerning the extent and
causes of watershed impairment; and
(ii) establish an inventory of best management
practices and related monitoring activities that
have been or may be implemented within the area
identified as the Rio Puerco Watershed Project, as
depicted on the map entitled ``the Rio Puerco
Watershed'' dated June 1994; and
(B) provide support to the Rio Puerco Management
Committee to identify objectives, monitor results of
ongoing projects, and develop alternative watershed
management
[[Page 110 STAT. 4146]]
plans for the Rio Puerco Drainage Basin, based on best
management practices.
(2) Rio puerco management report.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary of the
Interior, in consultation with the Rio Puerco Management
Committee, shall prepare a report for the improvement of
watershed conditions in the Rio Puerco Drainage Basis
described in paragraph (1)(A).
(B) Contents.--The report under subparagraph (A)
shall--
(i) identify reasonable and appropriate goals
and objectives for landowners and managers in the
Rio Puerco Watershed;
(ii) describe potential alternative actions to
meet the goals and objectives, including proven
best management practices and costs associated
with implementing the actions;
(iii) recommend voluntary implementation of
appropriate best management practices on public
and private lands;
(iv) provide for cooperative development of
management guidelines for maintaining and
improving the ecological, cultural, and economic
conditions on public and private lands;
(v) provide for the development of public
participation and community outreach programs that
would include proposals for--
(I) cooperative efforts with private
landowners to encourage implementation
of best management practices within the
watershed; and
(II) involvement of private citizens
in restoring the watershed;
(vi) provide for the development of proposals
for voluntary cooperative programs among the
members of the Rio Puerco Management Committee to
implement best management practices in a
coordinated, consistent, and cost-effective
manner;
(vii) provide for the encouragement of, and
support implementation of, best management
practices on
private lands; and
(viii) provide for the development of
proposals for a monitoring system that--
(I) builds on existing data
available from
private, Federal, and State sources;
(II) provides for the coordinated
collection, evaluation, and
interpretation of additional data as
needed or collected; and
(III) will provide information to
assess existing resource and
socioeconomic conditions; identify
priority implementation actions; and
assess the effectiveness of actions
taken.
(b) Rio Puerco Management Committee.--
(1) Establishment.--There is established the Rio Puerco
Management Committee (referred to in this section as the
``Committee'').
[[Page 110 STAT. 4147]]
(2) Membership.--The Committee shall be convened by a
representative of the Bureau of Land Management and shall
include representatives from--
(A) the Rio Puerco Watershed Committee;
(B) affected tribes and pueblos;
(C) the National Forest Service of the Department of
Agriculture;
(D) the Bureau of Reclamation;
(E) the United States Geological Survey;
(F) the Bureau of Indian Affairs;
(G) the United States Fish and Wildlife Service;
(H) the Army Corps of Engineers;
(I) the Natural Resources Conservation Service of
the Department of Agriculture;
(J) the State of New Mexico, including the New
Mexico Environment Department of the State Engineer;
(K) affected local soil and water conservation
districts;
(L) the Elephant Butte Irrigation District;
(M) private landowners; and
(N) other interested citizens.
(3) Duties.--The Rio Puerco Management Committee shall--
(A) advise the Secretary of the Interior, acting
through the Director of the Bureau of Land Management,
on the development and implementation of the Rio Puerco
Management Program described in subsection (a); and
(B) serve as a forum for information about
activities that may affect or further the development
and implementation of the best management practices
described in subsection (a)
(4) Termination.--The Committee shall terminate on the date
that is 10 years after the date of enactment of this Act.
(c) Report.--Not later than the date that is 2 years after the date
of enactment of this Act, and biennially thereafter, the Secretary of
the Interior, in consultation with the Rio Puerco Management Committee,
shall transmit to the Committee on Energy and Natural Resources of the
Senate and to the Committee on Resources of the House of Representatives
a report containing--
(1) a summary of activities of the management program under
subsection (a); and
(2) proposals for joint implementation efforts, including
funding recommendations.
(d) Lower Rio Grande Habitat Study.--
(1) In general.--The Secretary of the Interior, in
cooperation with appropriate State agencies, shall conduct a
study of the Rio Grande that--
(A) shall cover the distance from Caballo Lake to
Sunland Park, New Mexico; and
(B) may cover a greater distance.
(2) Contents.--The study under paragraph (1) shall include--
(A) a survey of the current habitat conditions of
the river and its riparian environment;
(B) identification of the changes in vegetation and
habitat over the past 400 years and the effect of the
changes on the river and riparian area; and
[[Page 110 STAT. 4148]]
(C) an assessment of the feasibility, benefits, and
problems associated with activities to prevent further
habitat loss and to restore habitat through
reintroduction or establishment of appropriate native
plant species.
(3) Transmittal.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of the Interior shall transmit the study under
paragraph (1) to the Committee on Energy and Natural Resources
of the Senate and to the Committee on Resources of the House of
Representatives.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $7,500,000 for the 10
fiscal years beginning after the date of enactment of this Act.
SEC. 402. OLD SPANISH TRAIL.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following new
paragraph:
``( ) The Old Spanish Trail, beginning in Santa Fe, New
Mexico, proceeding through Colorado and Utah, and ending in Los Angeles,
California, and the Northern Branch of the Old Spanish Trail, beginning
near Espanola, New Mexico, proceeding through Colorado, and ending near
Crescent Junction, Utah.''.
SEC. 403. GREAT WESTERN SCENIC TRAIL.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following new
paragraph:
``( ) The Great Western Scenic Trail, a system of trails to
accommodate a variety of travel users in a corridor of approximately
3,100 miles in length extending from the Arizona-Mexico border to the
Idaho-Montana-Canada border, following the approximate route depicted on
the map identified as `Great Western Trail Corridor, 1988', which shall
be on file and available for public inspection in the Office of the
Chief of the Forest Service, United States Department of Agriculture.
The trail study shall be conducted by the Secretary of Agriculture, in
consultation with the Secretary of the Interior, in accordance with
subsection (b) and shall include--
``(A) the current status of land ownership and current and
potential use along the designated route;
``(B) the estimated cost of acquisition of lands or
interests in lands, if any; and
``(C) an examination of the appropriateness of motorized
trail use along the trail.''.
SEC. 404. HANFORD REACH PRESERVATION.
Section 2 of Public Law 100-605 is amended as follows:
(1) By striking ``INTERIM'' in the section heading.
(2) By striking ``For a period of eight years after'' and
inserting ``After'' in subsection (a).
(3) By striking in subsection (b) ``During the eight year
interim protection period, provided by this section, all'' and
inserting ``All''.
[[Page 110 STAT. 4149]]
SEC. 405. LAMPREY WILD AND SCENIC RIVER.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding the following new paragraph at the
end thereof:
``( ) Lamprey River, New Hampshire.--The 11.5-mile segment
extending from the southern Lee town line to the confluence with the
Piscassic River in the vicinity of the Durham-Newmarket town line
(hereinafter in this paragraph referred to as the `segment') as a
recreational river. The segment shall be administered by the Secretary
of the Interior through cooperation agreements between the Secretary and
the State of New Hampshire and its relevant political subdivisions,
namely the towns of Durham, Lee, and Newmarket, pursuant to section
10(e) of this Act. The segment shall be managed in accordance with the
Lamprey River Management Plan dated January 10, 1995, and such
amendments thereto as the Secretary of the Interior determines are
consistent with this Act. Such plan shall be deemed to satisfy the
requirements for a comprehensive management plan pursuant to section
3(d) of this Act.''.
<<NOTE: 16 USC 1274 note.>> (b) Management.--
(1) Committee.--The Secretary of the Interior shall
coordinate his management responsibilities under this Act with
respect to the segment designated by subsection (a) with the
Lamprey River Advisory Committee established pursuant to New
Hampshire RSA 483.
(2) Land management.--The zoning ordinances duly adopted by
the towns of Durham, Lee, and Newmarket, New Hampshire,
including provisions for conservation of shorelands,
floodplains, and wetlands associated with the segment, shall be
deemed to satisfy the standards and requirements of section 6(c)
of the Wild and Scenic Rivers Act, and the provisions of that
section, which prohibit Federal acquisition of lands by
condemnation, shall apply to the segment designated by
subsection (a). The authority of the Secretary to acquire lands
for the purposes of this paragraph shall be limited to
acquisition by donation or acquisition with the consent of the
owner thereof, and shall be subject to the additional criteria
set forth in the Lamprey River Management Plan.
(c) Upstream Segment.--Upon request by the town of Epping, which
abuts an additional 12 miles of river found eligible for designation as
a recreational river, the Secretary of the Interior shall offer
assistance regarding continued involvement of the town of Epping in the
implementation of the Lamprey River Management Plan and in consideration
of potential future addition of that portion of the river within Epping
as a component of the Wild and Scenic Rivers System.
SEC. 406. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS OF 1996.
(a) Amendments Pertaining to the New River Gorge National River.--
(1) Boundaries.--Section 1101 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460m-15) is amended by
striking out ``NERI-80,023, dated January 1987'' and inserting
``NERI-80,028A, dated March 1996''.
(2) Fish and wildlife management.--Section 1106 of the
National Parks and Recreation Act of 1978 (16 U.S.C. 460m-20) is
amended by adding the following at the end thereof:
[[Page 110 STAT. 4150]]
``The Secretary shall permit the State of West Virginia to
undertake
fish stocking activities carried out by the State, in
consultation with the Secretary, on waters within the boundaries of the
national river. Nothing in this Act shall be construed as affecting the
jurisdiction of the State of West Virginia with respect to fish and
wildlife.''.
(3) Conforming amendments.--Title XI of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460m-15 et seq.) is
amended by adding the following new section at the end thereof:
<<NOTE: 16 USC 460m-30.>> ``SEC. 1117. APPLICABLE PROVISIONS OF OTHER
LAW.
``(a) Cooperative Agreements.--The provisions of section 202(e)(1)
of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C. 460ww-1(e)(1)) shall apply to the
New River Gorge National River in the same manner and to the same extent
as such provisions apply to the Gauley River National Recreation Area.
``(b) Remnant Lands.--The provisions of the second sentence of
section 203(a) of the West Virginia National Interest River Conservation
Act of 1987 (16 U.S.C. 460ww-2(a)) shall apply to tracts of land
partially within the boundaries of the New River Gorge National River in
the same manner and to the same extent as such provisions apply to
tracts of land only partially within the Gauley River National
Recreation Area.''.
<<NOTE: 16 USC 460m-29a.>> (b) Visitor Center.--The Secretary of the
Interior is authorized to construct a visitor center and such other
related facilities as may be deemed necessary to facilitate visitor
understanding and enjoyment of the New River Gorge National River and
the Gauley River National Recreation Area in the vicinity of the
confluence of the New and Gauley Rivers. Such center and related
facilities are authorized to be constructed at a site outside of the
boundary of the New River Gorge National River or Gauley River National
Recreation Area unless a suitable site is available within the
boundaries of either unit.
(c) Amendments Pertaining to the Gauley River National Recreation
Area.--
(1) Technical amendment.--Section 205(c) of the West
Virginia National Interest River Conservation Act of 1987 (16
U.S.C. 460ww-4(c)) is amended by adding the following at the end
thereof: ``If project construction is not commenced within the
time required in such license, or if such license is surrendered
at any time, such boundary modification shall cease to have any
force and effect.''.
(2) Gauley access.--Section 202(e) of the West Virginia
National Interest River Conservation Act of 1987 (16 U.S.C.
460ww-1(e)) is amended by adding the following new paragraph at
the end thereof:
``(4) Access to river.--(A) In order to facilitate public
safety, use, and enjoyment of the recreation area, and to
protect, to the maximum extent feasible, the scenic and natural
resources of the area, the Secretary is authorized and directed
to acquire such lands or interests in lands and to take such
actions as are necessary to provide access by noncommercial
entities on the north side of the Gauley River at the
area known as Woods Ferry utilizing existing roads and rights-
of-way. Such actions by the Secretary shall include the
[[Page 110 STAT. 4151]]
construction of parking and related facilities in the vicinity
of Woods Ferry for noncommercial use on lands acquired pursuant
to paragraph (3) or on lands acquired with the consent of the
owner thereof within the boundaries of the recreation area.
``(B) If necessary, in the discretion of the Secretary, in
order to minimize environmental impacts, including visual
impacts, within portions of the recreation area immediately
adjacent to the river, the Secretary may, by contract or
otherwise, provide transportation services for noncommercial
visitors,
at reasonable cost, between such parking facilities and the river.
``(C) Nothing in subparagraph (A) shall affect the rights of
any person to continue to utilize, pursuant to a lease in effect
on April 1, 1993, any right of way acquired pursuant to such
lease which authorizes such person to use an existing road
referred to in subparagraph (A). Except as provided under
paragraph (2) relating to access immediately downstream of the
Summersville project, until there is compliance with this
paragraph the Secretary is prohibited from acquiring or
developing any other river access points within the recreation
area.''.
(d) Amendments Pertaining to the Bluestone National Scenic River.--
(1) Boundaries.--Section 3(a)(65) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(65)) is amended by striking out
``WSR-BLU/20,000, and dated January 1987'' and inserting ``BLUE-
80,005, dated May 1996''.
(2) Public access.--Section 3(a)(65) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(65)) is amended by adding the
following at the end thereof: ``In order to provide reasonable
public access and vehicle parking for public use and enjoyment
of the river designated by this paragraph, consistent with the
preservation and enhancement of the natural and scenic values of
such river, the Secretary may, with the consent of the owner
thereof, negotiate a memorandum of understanding or cooperative
agreement, or acquire not more than 10 acres of lands or
interests in such lands, or both, as may be necessary to allow
public access to the Bluestone River and to provide, outside the
boundary of the scenic river, parking and related facilities in
the vicinity of the area known as Eads Mill.''.
SEC. 407. TECHNICAL AMENDMENT TO THE WILD AND SCENIC RIVERS ACT.
(a) Numbering of Paragraphs.--The unnumbered paragraphs in section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), relating to
each of the following river segments, are each amended by numbering such
paragraphs as follows:
River: Paragraph Number
East Fork of Jemez, New Mexico.................................... (109)
Pecos River, New Mexico........................................... (110)
Smith River, California........................................... (111)
Middle Fork Smith River, California............................... (112)
North Fork Smith River, California................................ (113)
Siskiyou Fork Smith River, California............................. (114)
South Fork Smith River, California................................ (115)
Clarks Fork, Wyoming.............................................. (116)
Niobrara, Nebraska................................................ (117)
Missouri River, Nebraska and South Dakota......................... (118)
Bear Creek, Michigan.............................................. (119)
Black, Michigan................................................... (120)
[[Page 110 STAT. 4152]]
Carp, Michigan.................................................... (121)
Indian, Michigan.................................................. (122)
Manistee, Michigan................................................ (123)
Ontonagon, Michigan............................................... (124)
Paint, Michigan................................................... (125)
Pine, Michigan.................................................... (126)
Presque Isle, Michigan............................................ (127)
Sturgeon, Hiawatha National Forest, Michigan...................... (128)
Sturgeon, Ottawa National Forest, Michigan........................ (129)
East Branch of the Tahquamenon, Michigan.......................... (130)
Whitefish, Michigan............................................... (131)
Yellow Dog, Michigan.............................................. (132)
Allegheny, Pennsylvania........................................... (133)
Big Piney Creek, Arkansas......................................... (134)
Buffalo River, Arkansas........................................... (135)
Cossatot River, Arkansas.......................................... (136)
Hurricane Creek, Arkansas......................................... (137)
Little Missouri River, Arkansas................................... (138)
Mulberry River, Arkansas.......................................... (139)
North Sylamore Creek, Arkansas.................................... (140)
Richland Creek, Arkansas.......................................... (141)
Sespe Creek, California........................................... (142)
Sisquoc River, California......................................... (143)
Big Sur River, California......................................... (144)
Great Egg Harbor River, New Jersey................................ (145)
The Maurice River, Middle Segment................................. (146)
The Maurice River, Middle Segment................................. (147)
The Maurice River, Upper Segment.................................. (148)
The Menantico Creek, Lower Segment................................ (149)
The Menantico Creek, Upper Segment................................ (150)
Manumuskin River, Lower Segment................................... (151)
Manumuskin River, Upper Segment................................... (152)
Muskee Creek, New Jersey.......................................... (153)
Red River, Kentucky............................................... (154)
Rio Grande, New Mexico............................................ (155)
Farmington River, Connecticut..................................... (156)
<<NOTE: 16 USC 1276.>> (b) Study Rivers.--Section 5(a) of such Act
is amended as follows:
(1) Paragraph (106), relating to St. Mary's, Florida, is
renumbered as paragraph (108).
(2) Paragraph (112), relating to White Clay Creek, Delaware
and Pennsylvania, is renumbered as paragraph (113).
(3) The unnumbered paragraphs, relating to each of the
following rivers, are amended by numbering such paragraphs as
follows:
River: Paragraph Number
Mills River, North Carolina....................................... (109)
Sudbury, Assabet, and Concord, Massachusetts...................... (110)
Niobrara, Nebraska................................................ (111)
Lamprey, New Hampshire............................................ (112)
Brule, Michigan and Wisconsin..................................... (114)
Carp, Michigan.................................................... (115)
Little Manistee, Michigan......................................... (116)
White, Michigan................................................... (117)
Ontonagon, Michigan............................................... (118)
Paint, Michigan................................................... (119)
Presque Isle, Michigan............................................ (120)
Sturgeon, Ottawa National Forest, Michigan........................ (121)
Sturgeon, Hiawatha National Forest, Michigan...................... (122)
Tahquamenon, Michigan............................................. (123)
Whitefish, Michigan............................................... (124)
Clarion, Pennsylvania............................................. (125)
Mill Creek, Jefferson and Clarion Counties, Pennsylvania.......... (126)
Piru Creek, California............................................ (127)
Little Sur River, California...................................... (128)
Matilija Creek, California........................................ (129)
Lopez Creek, California........................................... (130)
Sespe Creek, California........................................... (131)
North Fork Merced, California..................................... (132)
[[Page 110 STAT. 4153]]
Delaware River, Pennsylvania and New Jersey....................... (133)
New River, West Virginia and Virginia............................. (134)
Rio Grande, New Mexico............................................ (135)
SEC. 408. PROTECTION OF NORTH ST. VRAIN CREEK, COLORADO.
(a) North St. Vrain Creek and Adjacent Lands.--The Act of January
26, 1915, establishing Rocky Mountain National Park (38 Stat. 798; 16
U.S.C. 191 et seq.), is amended by adding the following new section at
the end thereof:
<<NOTE: 16 USC 195a.>> ``SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT
LANDS.
``Neither the Secretary of the Interior nor any other Federal agency
or officer may approve or issue any permit for, or provide any
assistance for, the construction of any new dam, reservoir, or
impoundment on any segment of North St. Vrain Creek or its tributaries
within the boundaries of Rocky Mountain National Park or on the main
stem of North St. Vrain Creek downstream to the point at which the creek
crosses the elevation 6,550 feet above mean sea level. Nothing in this
section shall be construed to prevent the issuance of any permit for the
construction of a new water gauging station on North St. Vrain Creek at
the point of its confluence with Coulson Gulch.''.
<<NOTE: 16 USC 192b-9 note.>> (b) Encouragement of Exchanges.--
(1) Lands inside rocky mountain national park.--Promptly
following enactment of this Act, the Secretary of the Interior
shall seek to acquire by donation or exchange those lands within
the boundaries of Rocky Mountain National Park owned by the city
of Longmont, Colorado, that are referred to in section 111(d) of
the Act commonly referred to as the ``Colorado Wilderness Act of
1980'' (Public Law 96-560; 94 Stat. 3272; 16 U.S.C. 192b-9(d)).
(2) Other lands.--The Secretary of Agriculture shall
immediately and actively pursue negotiations with the city of
Longmont, Colorado, concerning the city's proposed exchange of
lands owned by the city and located in and near Coulson Gulch
for other lands owned by the <<NOTE: Reports.>> United States.
The
Secretary shall report to Congress 2 calendar years after the
date of enactment of this Act, and every 2 years thereafter on
the progress of such negotiations until negotiations are
complete.
TITLE V--HISTORIC AREAS AND CIVIL RIGHTS
SEC. 501. THE SELMA TO MONTGOMERY NATIONAL HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end thereof the following new paragraph:
``( ) The Selma to Montgomery National Historic Trail, consisting
of 54 miles of city streets and United States Highway 80 from Brown
Chapel A.M.E. Church in Selma to the State Capitol Building in
Montgomery, Alabama, traveled by voting rights advocates during March
1965 to dramatize the need for voting rights legislation, as generally
described in the report of the Secretary of the Interior prepared
pursuant to subsection (b) of this section entitled ``Selma to
Montgomery'' and dated April 1993. Maps depicting the route shall be on
file and available for public inspection
[[Page 110 STAT. 4154]]
in the Office of the National Park Service, Department of the Interior.
The trail shall be administered in accordance with this Act, including
section 7(h). The Secretary of the Interior, acting through the National
Park Service, which shall be the lead Federal agency, shall cooperate
with other Federal, State and local authorities to preserve historic
sites along the route, including (but not limited to) the Edmund Pettus
Bridge and the Brown Chapel A.M.E. Church.''.
<<NOTE: 16 USC 461 note.>> SEC. 502. VANCOUVER NATIONAL HISTORIC
RESERVE.
(a) Establishment.--There is established the Vancouver National
Historic Reserve in the State of Washington (referred to in this section
as the ``Reserve''), consisting of the area described in the report
entitled ``Vancouver National Historic Reserve Feasibility Study and
Environmental Assessment'' published by the Vancouver Historical
Assessment'' published by the Vancouver Historical Study Commission and
dated April 1993 as authorized by Public Law 101-523 (referred to in
this section as the ``Vancouver Historic Reserve Report'').
(b) Administration.--(1) The Reserve shall be administered through a
general management plan developed in accordance with this section, and
approved by the Secretary of the Interior and the Secretary of the Army.
(2) Not later than three years after the date of enactment of this
Act, the National Park Service shall submit to the Secretaries a general
management plan for the administration of the Reserve.
(3) The general management plan shall be developed by a Partnership
comprised of a representative from the National Park Service, a
representative of the Historic Preservation Office of the State of
Washington, a representative of the Department of the Army, and a
representative of the City of Vancouver, Washington.
(4) The general management plan shall be developed in
accordance with the specific findings and recommendations of the
Vancouver Historic Reserve Report, along with any other considerations
not otherwise in conflict with the Report, and shall include at a
minimum a statement of purpose, an interpretive plan, and an economic
plan for Pearson Field.
(5) The Reserve shall not be deemed to be a new unit of the National
Park System.
(c) No Limitation on FAA Authority.--The establishment of the
Reserve shall not limit--
(1) the authority of the Federal Aviation Administration
over air traffic control, or aviation activities at Pearson
Airpark; or
(2) limit operations and airspace in the vicinity of
Portland International Airport.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $400,000 per year for operational costs for each fiscal
year following enactment of this Act and $5,000,000 for development
costs.
SEC. 503. EXTENSION OF KALOKO-HONOKOHAU ADVISORY
COMMISSION.
<<NOTE: 16 USC 396d note.>> (a) Kaloko-Honokohau National Historical
Park.--
Notwithstanding section 505(f)(7) of Public Law 95-625 (16 U.S.C.
396d(f)(7)), the Na Hoa Pili O Kaloko-Honokohau, the Advisory Commission
for Kaloko-Honokohau National Historical Park,
[[Page 110 STAT. 4155]]
is hereby re-established in accordance with section 505(f), as amended
by paragraph (2) of this subsection.
(b) Conforming Amendment.--Section 505(f)(7) of Public Law 95-625
(16 U.S.C. 396d(7)), is amended by striking ``this Act'' and inserting
in lieu thereof, ``the Na Hoa Pili Kaloko-Honokohau
Re-establishment Act of 1996''.
SEC. 504. AMENDMENT TO BOSTON NATIONAL HISTORIC PARK ACT.
Section 3(b) of the Boston National Historical Park Act of 1974 (16
U.S.C. 410z-1(b)) is amended by inserting ``(1)'' before the first
sentence thereof and by adding the following at the end thereof:
``(2) The Secretary of the Interior is authorized to enter into a
cooperative agreement with the Boston Public Library to provide for the
distribution of informational and interpretive materials relating to the
park and to the Freedom Trail.''.
SEC. 505. WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.
(a) Inclusion of Other Properties.--Section 1601(c) of Public Law
96-607 (16 U.S.C. 410ll) is amended to read as follows:
``(c) Establishment.--To carry out the purposes of this section
there is hereby established the Women's Rights National Historical Park
(hereinafter in this section referred to as the ``park''). The park
shall consist of the following designated sites in Seneca Falls and
Waterloo, New York:
``(1) Stanton House, 32 Washington Street, Seneca Falls;
``(2) dwelling, 30 Washington Street, Seneca Falls;
``(3) dwelling, 34 Washington Street, Seneca Falls;
``(4) lot, 26-28 Washington Street, Seneca Falls;
``(5) former Wesleyan Chapel, 126 Fall Street, Seneca Falls;
``(6) theater, 128 Fall Street, Seneca Falls;
``(7) McClintock House, 16 East Williams Street, Waterloo;
``(8) Hunt House, 401 East Williams Street, Waterloo;
``(9) not to exceed 1 acre, plus improvements, as determined
by the Secretary, in Seneca Falls for development of a
maintenance facility;
``(10) dwelling, 1 Seneca Street, Seneca Falls;
``(11) dwelling, 10 Seneca Street, Seneca Falls;
``(12) parcels adjacent to Wesleyan Chapel Block, including
Clinton Street, Fall Street, and Mynderse Street, Seneca
Falls; and
``(13) dwelling, 12 East Williams Street, Waterloo.''.
``(b) Miscellaneous Amendments.--Section 1601 of Public Law 96-607
(16 U.S.C. 410ll) is amended by redesignating subsection (i) as
``(i)(1)'' and inserting at the end thereof the following new paragraph:
<<NOTE: Appropriation authorization.>> ``(2) In addition to those
sums appropriated prior to the date of enactment of this paragraph for
land acquisition and development, there is hereby authorized to be
appropriated an additional $2,000,000.''.
<<NOTE: 40 USC 1003 note.>> SEC. 506. BLACK PATRIOTS MEMORIAL EXTENSION.
The legislative authority for the Black Revolutionary War
Patriots Foundation to establish a commemorative work (as defined by the
Commemorative Works Act (40 U.S.C. 1001 et seq.)) shall expire October
27, 1998, notwithstanding the time period limitation specified in
section 10(b) of that Act (40 U.S.C. 1010(b)).
[[Page 110 STAT. 4156]]
<<NOTE: 16 USC 470a note.>> SEC. 507. HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES
HISTORIC BUILDING RESTORATION AND
PRESERVATION.
(a) Authority To Make Grants.--From the amounts made available to
carry out the National Historic Preservation Act, the Secretary of the
Interior shall make grants in accordance with this section to eligible
historically black colleges and universities for the preservation and
restoration of historic buildings and
structures on the campus of these institutions.
(b) Grant Conditions.--Grants made under subsection (a) shall be
subject to the condition that the grantee covenants, for the period of
time specified by the Secretary, that--
(1) no alteration will be made in the property with respect
to which the grant is made without the concurrence of the
Secretary; and
(2) reasonable public access to the property with respect to
which the grant is made will be permitted by the grantee for
interpretive and educational purposes.
(c) Matching Requirement for Buildings and Structures Listed on the
National Register of Historic Places.--(1) Except as provided by
paragraph (2), the Secretary may obligate funds made available under
this section for a grant with respect to a building or structure listed
on, or eligible for listing on, the National Register of Historic Places
only if the grantee agrees to match, from funds derived from non-Federal
sources, the amount of the grant with an amount that is equal or greater
than the grant.
(2) The Secretary may waive paragraph (1) with respect to a grant if
the Secretary determines from circumstances that an extreme emergency
exists or that such a waiver is in the public interest to assure the
preservation of historically significant resources.
(d) Funding Provision.--Pursuant to section 108 of the National
Historic Preservation Act, $29,000,000 shall be made available to carry
out the purposes of this section. Of amounts made available pursuant to
this section, $5,000,000 shall be available for grants to Fisk
University, $2,500,000 shall be available for grants to Knoxville
College, $2,000,000 shall be available for grants to Miles College,
Alabama, $1,500,000 shall be available for grants to Talladega College,
Alabama, $1,550,000 shall be available for grants to Selma University,
Alabama, $250,000 shall be available for grants to Stillman College,
Alabama, $200,000 shall be available for grants to Concordia College,
Alabama, $2,900,000 shall be available for grants to Allen University,
South Carolina, $1,000,000 shall be available for grants to Claflin
College, South Carolina, $2,000,000 shall be available for grants to
Voorhees College, South Carolina, $1,000,000 shall be available for
grants to Rust College, Mississippi, and $3,000,000 shall be available
for grants to Tougaloo College, Mississippi.
(e) Regulations.--The Secretary shall develop such guidelines as may
be necessary to carry out this section.
(f) Definitions.--For the purposes of this section:
(1) Historically black colleges.--The term ``historically
black colleges and universities'' has the same meaning given the
term ``part B institution'' by section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
(2) Historic building and structures.--The term ``historic
building and structures'' means a building or structure
[[Page 110 STAT. 4157]]
listed on, or eligible for listing on, the National Register of
Historic Places or designated a National Historic Landmark.
<<NOTE: 40 USC 1003 note.>> SEC. 508. MEMORIAL TO MARTIN LUTHER KING,
JR.
<<NOTE: Alpha Phi Alpha Fraternity.>> (a) In General.--The Secretary
of the Interior is authorized to permit the Alpha Phi Alpha Fraternity
to establish a memorial on lands under the administrative jurisdiction
of the Secretary in the District of Columbia or its environs to honor
Martin Luther King, Jr., pursuant to the Commemorative Works Act of
1986.
(b) Compliance With Standards For Commemorative Works.--The
establishment of the memorial shall be in accordance with the Act
entitled ``An Act to provide standards for placement of commemorative
works on certain Federal lands in the District of Columbia and its
environs, and for other purposes'' approved November 14, 1986 (40 U.S.C.
1001 et seq.).
(c) Payment of Expenses.--The Alpha Phi Alpha Fraternity shall be
solely responsible for acceptance of contributions for, and payment of
the expenses of, the establishment of the memorial. No Federal funds may
be used to pay any expense of the establishment of the memorial.
(d) Deposit of Excess Funds.--If, upon payment of all expenses of
the establishment of the memorial (including the maintenance and
preservation amount provided for in section 8(b) of the Act referred to
in section 4401(b)), or upon expiration of the authority for the
memorial under section 10(b) of that Act, there remains a balance of
funds received for the establishment of the memorial, the Alpha Phi
Alpha Fraternity shall transmit the amount of the balance to the
Secretary of the Treasury for deposit in the account provided for in
section 8(b)(1) of that Act.
SEC. 509. ADVISORY COUNCIL ON HISTORIC PRESERVATION
REAUTHORIZATION.
(a) Reauthorization.--The last sentence of section 212(a) of the
National <<NOTE: 16 USC 470t.>> Historic Preservation Act (16 U.S.C.
470 et seq.) is amended to read as follows: ``There are authorized to be
appropriated for the purposes of this title not to exceed $4,000,000 in
each fiscal year 1997 through 2000.''.
<<NOTE: 16 USC 470f note.>> (b) Reporting Requirements.--Within 18
months after the date of enactment of this Act, the Advisory Council on
Historic Preservation shall submit a report to the appropriate
congressional committees containing an analysis of alternatives for
modifying the regulatory process for addressing impacts of Federal
actions on nationally significant historic properties, as well as
alternatives for future promulgation and oversight of regulations for
implementation of section 106 of the National Historic Preservation Act.
(c) Technical Amendments.--Title II of the National Historic
Preservation Act (16 U.S.C. 470 et seq.) is amended as follows:
<<NOTE: 16 USC 470i.>> (1) By striking ``appointed'' in
section 201(a)(4) and
inserting ``designated''.
(2) By striking ``and 10'' in section 201(c) and inserting
``through (11)''.
(3) By adding the following new section after section 214:
<<NOTE: 16 USC 470v-1.>> ``Sec. 215. Subject to applicable conflict
of interest laws, the Council may receive reimbursements from State and
local agencies and others pursuant to agreements executed in furtherance
of the purposes of this Act.''.
[[Page 110 STAT. 4158]]
<<NOTE: 16 USC 470m.>> (4) By amending subsection (g) of
section 205 to read as follows:
``(g) Any Federal agency may provide the Council, with or without
reimbursement as may be agreed upon by the Chairman and the agency, with
such funds, personnel, facilities and services under its jurisdiction
and control as may be needed by the Council to carry out its duties, to
the extent that such funds, personnel, facilities, and services are
requested by the Council and are otherwise available for the purpose.
Any funds provided to the Council pursuant to this subsection must be
expended by the end of the fiscal year following the fiscal year in
which the funds are received by the Council. To the extent of available
appropriations, the Council may obtain by purchase, rental, donation, or
otherwise, such additional property facilities, and services as may be
needed to carry out its duties and may also receive donations of moneys
for such purpose, and the Executive Director is authorized, in his
discretion, to accept, hold, use, expend, and administer the same for
the purposes of this Act.''.
<<NOTE: 16 USC 461 note.>> SEC. 510. GREAT FALLS HISTORIC DISTRICT, NEW
JERSEY.
(a) Purposes.--The purposes of this section are--
(1) to preserve and interpret, for the educational and
inspirational benefit of the public, the contribution of our
national heritage of certain historic and cultural lands and
edifices of the Great Falls Historic District, with emphasis on
harnessing this unique urban environment for its
educational and recreational value; and
(2) to enhance economic and cultural redevelopment within
the District.
(b) Definitions.--In this section:
(1) District.--The term ``District'' means the Great Falls
Historic District established by subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Historic infrastructure.--The term ``historic
infrastructure'' means the District's historic raceway system,
all four stories of the original Colt Gun Mill, including
belltower, and any other structure that the Secretary determines
to be eligible for the National Register of Historic Places.
(c) Great Falls Historic District.--
(1) Establishment.--There is established the Great Falls
Historic District in the city of Paterson, in Passaic County,
New Jersey.
(2) Boundaries.--The boundaries of the District shall be the
boundaries specified by the Great Falls Historic District listed
on the National Register of Historic Places.
(d) Development Plan.--The Secretary may make grants and enter into
cooperative agreements with the State of New Jersey, local governments,
and private nonprofit entities under which the Secretary agrees to pay
not more than 50 percent of the costs of--
(1) preparation of a plan for the development of historic,
architectural, natural, cultural, and interpretive resources
within the District;
(2) implementation of projects approved by the Secretary
under the development plan; and
[[Page 110 STAT. 4159]]
(3) a market analysis assessing the economic development
potential of the District and recommending steps to be taken to
encourage economic development and revitalization in a manner
consistent with the District's historic character.
(e) Restoration, Preservation, and Interpretation of Properties.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the State of New Jersey, local
governments and nonprofit entities owning property within the
District under which the Secretary may--
(A) pay not more than 50 percent of the cost of
restoring, repairing, rehabilitating, and improving
historic infrastructure within the District;
(B) provide technical assistance with respect to the
preservation and interpretation of properties within the
District; and
(C) mark and provide interpretation of properties
within the District.
(2) Provisions.--A cooperative agreement under paragraph (1)
shall provide that--
(A) the Secretary shall have the right of access at
reasonable times to public portions of the property for
interpretive and other purposes;
(B) no change or alteration may be made in the
property except with the agreement of the property
owner, the Secretary, and any Federal agency that may
have regulatory jurisdiction over the property; and
(C) any construction grant made under this section
shall be subject to an agreement that provides that
conversion, use, or disposal of the project so assisted
for purposes contrary to the purposes of this section
shall result in a right of the United States to
compensation from the beneficiary of the grant, and that
provides for a schedule for such compensation based on
the level of Federal investment and the anticipated
useful life of the project.
(3) Applications.--
(A) In general.--A property owner that desires to
enter into a cooperative agreement under paragraph (1)
shall submit to the Secretary an application describing
how the project proposed to be funded will further the
purposes of the District.
(B) Consideration.--In making such funds available
under this subsection, the Secretary shall give
consideration to projects that provide a greater
leverage of Federal funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated from the Historic Preservation Fund authorized under the
National Historic Preservation Act to the Secretary to carry out this
section--
(1) $250,000 for grants and cooperative agreements for the
development plan under subsection (d); and
(2) $50,000 for the provision of technical assistance and
$3,000,000 for the provision of other assistance under
cooperative agreements under subsection (e).
<<NOTE: 16 USC 410ddd.>> SEC. 511. NEW BEDFORD NATIONAL HISTORIC
LANDMARK DISTRICT.
(a) Findings and Purposes.--
[[Page 110 STAT. 4160]]
(1) Findings.--The Congress finds that--
(A) the New Bedford National Historic Landmark
District and associated historic sites as described in
subsection (c)(2), including the Schooner Ernestina, are
National Historic Landmarks and are listed on the
National Register of Historic Places as historic sites
associated with the history of whaling in the United
States;
(B) the city of New Bedford was the 19th century
capital of the world's whaling industry and retains
significant architectural features, archival materials,
and museum collections illustrative of this period;
(C) New Bedford's historic resources provide unique
opportunities for illustrating and interpreting the
whaling industry's contribution to the economic, social,
and environmental history of the United States and
provide opportunities for public use and enjoyment; and
(D) during the nineteenth century, over two thousand
whaling voyages sailed out of New Bedford to the Arctic
region of Alaska, and joined Alaska Natives from Barrow,
Alaska and other areas in the Arctic region in
subsistence whaling activities; and
(E) the National Park System presently contains no
sites commemorating whaling and its contribution to
American history.
(2) Purposes.--The purposes of this section are--
(A) to help preserve, protect, and interpret the
resources within the areas described in subsection
(c)(2), including architecture, setting, and associated
archival and museum collections;
(B) to collaborate with the city of New Bedford and
with associated historical, cultural,
and preservation
organizations to further the purposes of the park established under this
section; and
(C) to provide opportunities for the inspirational
benefit and education of the American people.
(b) Definitions.--For the purposes of this section--
(1) the term ``park'' means the New Bedford Whaling National
Historical Park established by subsection (c); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(c) New Bedford Whaling National Historical Park.--
(1) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national
historical park certain districts structures, and relics located
in New Bedford, Massachusetts, and associated with the history
of whaling and related social and economic themes in America,
there is established the New Bedford Whaling National
Historical Park.
(2) Boundaries.--(A) The boundaries of the park shall be
those generally depicted on the map numbered NAR-P49-80,000-4
and dated June 1994. Such map shall be on file and available for
public inspection in the appropriate offices of the National
Park Service. In case of any conflict between the descriptions
set forth in clauses (i) through (iv) and such map, such map
shall govern. The park shall include the
following:
[[Page 110 STAT. 4161]]
(i) The area included with the New Bedford National
Historic Landmark District, known as the Bedford Landing
Waterfront Historic District, as listed within the
National Register of Historic Places and in the
Massachusetts State Register of Historic Places.
(ii) The National Historic Landmark Schooner
Ernestina, with its home port in New Bedford.
(iii) The land along the eastern boundary of the New
Bedford National Historic Landmark District over the
east side of MacArthur Drive from the Route 6 overpass
on the north to an extension of School Street on the
south.
(iv) The land north of Elm Street in New Bedford,
bounded by Acushnet Avenue on the west, Route 6 (ramps)
on the north, MacArthur Drive on the east, and Elm
Street on the south.
(B) In addition to the sites, areas, and relics referred to
in subparagraph (A), the Secretary may assist in the
interpretation and preservation of each of the following:
(i) The southwest corner of the State Pier.
(ii) Waterfront Park, immediately south of land
adjacent to the State Pier.
(iii) The Rotch-Jones-Duff House and Garden Museum,
located at 396 County Street.
(iv) The Wharfinger Building, located on Piers 3
and 4.
(v) The Bourne Counting House, located on Merrill's
Wharf.
(d) Related Facilities.--To ensure that the contribution of Alaska
Natives to the history of whaling in the United States is fully
recognized, the Secretary shall provide--
(1) financial and other assistance to establish links
between the New Bedford Whaling National Historical Park and the
North Slope Borough Cultural Center, located in Barrow, Alaska;
and
(2) to provide appropriate assistance and funding for the
North Slope Borough Cultural Center.
(e) Administration of Park.--
(1) In general.--The park shall be administered by the
Secretary in accordance with this section and the provisions of
law generally applicable to units of the National Park
System, including the Act 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, 2, 3, and 4) and the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
(2) Cooperative agreements.--(A) 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 park.
(B) Any payment made by the Secretary pursuant to a
cooperative agreement under this paragraph shall be subject to
an agreement that conversion, use, or disposal of the project so
assisted for purposes contrary to the purposes of this section,
as determined by the Secretary, shall result in a right of the
United States to reimbursement of all funds made available to
such project or the proportion of the increased value of
[[Page 110 STAT. 4162]]
the project attributable to such funds as determined at the time
of such conversion, use, or disposal, whichever is greater.
(3) Non-federal matching requirements.--(A) Funds authorized
to be appropriated to the Secretary for the purposes of--
(i) cooperative agreements under paragraph (2) shall
be expended in the ratio of one dollar of Federal funds
for each four dollars of funds contributed by non-
Federal sources; and
(ii) construction, restoration, and rehabilitation
of visitors and interpretive facilities (other than
annual operation and maintenance costs) shall be
expended in the ratio of one dollar of Federal funds for
each one dollar of funds contributed by non-Federal
sources.
(B) For the purposes of this paragraph, the Secretary is
authorized to accept from non-Federal sources, and to utilize
for purposes of this section, any money so contributed. With the
approval of the Secretary, any donation of property, services,
or goods from a non-Federal source may be considered as a
contribution of funds from a non-Federal source for the purposes
of this paragraph.
(4) Acquisition of real property.--For the purposes of the
park, the Secretary may acquire only by donation such lands,
interests in lands, and improvements thereon within the park as
are needed for essential visitor contact and interpretive
facilities.
(5) Other property, funds, and services.--The Secretary may
accept donated funds, property, and services to carry out this
section.
(e) General Management Plan.--Not later than the end of the second
fiscal year beginning after the date of enactment of this Act, the
Secretary shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate a general management plan for the park and shall implement such
plan as soon as practically possible. The plan shall be prepared in
accordance with section 12(b) of the Act of August 18, 1970 (16 U.S.C.
1a-7(b)) and other applicable law.
(f) Authorization of Appropriations.--
(1) In general.--Except as provided in paragraph (2), there
are authorized to be appropriated such sums as may be
necessary to carry out annual operations and maintenance with
respect to the park and to carry out the activities under
section 3(D).
(2) Exceptions.--In carrying out this section--
(A) not more than $2,000,000 may be appropriated for
construction, restoration, and rehabilitation of visitor
and interpretive facilities, and directional and visitor
orientation signage;
(B) none of the funds authorized to be appropriated
by this section may be used for the operation or
maintenance of the Schooner Ernestina; and
(C) not more than $50,000 annually of Federal funds
may be used for interpretive and education programs for
the Schooner Ernestina pursuant to cooperative grants
under subsection (d)(2).
[[Page 110 STAT. 4163]]
<<NOTE: 16 USC 461 note.>> SEC. 512. NICODEMUS NATIONAL HISTORIC SITE.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the town of Nicodemus, in Kansas, has national
significance as the only remaining western town
established by African-Americans during the
Reconstruction period following the Civil War;
(B) the town of Nicodemus is symbolic of the pioneer
spirit of Afican-Americans who dared to leave the only
region they had been familiar with to seek personal
freedom and the opportunity to develop their talents and
capabilities; and
(C) the town of Nicodemus continues to be a valuable
African-American community.
(2) Purposes.--The purposes of this section are--
(A) to preserve, protect, and interpret for the
benefit and enjoyment of present and future generations,
the remaining structures and locations that represent
the history (including the settlement and growth) of the
town of Nicodemus, Kansas; and
(B) to interpret the historical role of the town of
Nicodemus in the Reconstruction period in the context of
the experience of westward expansion in the United
States.
(b) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Nicodemus National Historic Site established by subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Nicodemus National Historic Site.--
(1) Establishment.--There is established the Nicodemus
National Historic Site in Nicodemus, Kansas.
(2) Description.--
(A) In general.--The historic site shall consist of
the first Baptist Church, the St. Francis Hotel, the
Nicodemus School District Number 1, the African
Methodist Episcopal Church, and the Township Hall
located within the approximately 161.35 acres designated
as the Nicodemus National Landmark in the Township of
Nicodemus, Graham County, Kansas, as registered on the
National Register of Historic Places pursuant to section
101 of the National Historic Preservation Act (16 U.S.C.
470a), and depicted on a map entitled ``Nicodemus
National Historic Site'', numbered 80,000 and dated
August 1994.
(B) Map and boundary description.--The map referred
to in subparagraph (A) and accompanying boundary
description shall be on file and available for public
inspection in the office of the Director of the National
Park
Service and any other office of the National Park Service that the
Secretary determines to be an appropriate location for filing the map
and boundary description.
(d) Administration of the Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the provisions
of law generally applicable to units of the National Park
System, including the Act entitled ``An Act to establish a
National
[[Page 110 STAT. 4164]]
Park Service, and for other purposes'', approved August 25, 1916
(16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat.
666, chapter 593; 16 U.S.C. 461 et seq.).
(2) Cooperative agreements.--To further the purposes of this
section, the Secretary may enter into a cooperative agreement
with any interested individual, public or private agency,
organization, or institution.
(3) Technical and preservation assistance.--
(A) In general.--The Secretary may provide to any
eligible person described in subparagraph (B) technical
assistance for the preservation of historic structures
of, the maintenance of the cultural landscape of, and
local preservation planning for, the historic site.
(B) Eligible persons.--The eligible persons
described in this subparagraph are--
(i) an owner of real property within the
boundary of the historic site, as described in
subsection (c)(2); and
(ii) any interested individual, agency,
organization, or institution that has entered into
an agreement with the Secretary pursuant to
paragraph (2).
(e) Acquisition of Real Property.--
(1) In general.--Subject to paragraph (2), the Secretary is
authorized to acquire by donation, exchange, or purchase with
funds made available by donation or appropriation, such lands or
interests in lands as may be necessary to allow for the
interpretation, preservation, or restoration of the First
Baptist Church, the St. Francis Hotel, the Nicodemus School
District Number 1, the African Methodist Episcopal Church, or
the Township Hall, as described in subsection (c)(2)(A), or any
combination thereof.
(2) Limitations.--
(A) Acquisition of property owned by the state of
kansas.--Real property that is owned by the State of
Kansas or a political subdivision of the State of Kansas
that is acquired pursuant to paragraph (1) may only be
acquired by donation.
(B) Consent of owner required.--No real property may
be acquired under this subsection without the consent of
the owner of the real property.
(f) General Management Plan.--
(1) In general.--Not later than the last day of the third
full fiscal year beginning after the date of enactment of this
Act, the Secretary shall, in consultation with the officials
described in paragraph (2), prepare a general management plan
for the historic site.
(2) Consultation.--In preparing the general management plan,
the Secretary shall consult with an appropriate official of each
of the following:
(A) The Nicodemus Historical Society.
(B) The Kansas Historical Society.
(C) Appropriate political subdivisions of the State
of Kansas that have jurisdiction over all or a portion
of the historic site.
(3) Submission of plan to congress.--Upon the
completion of the general management plan, the Secretary shall
submit a copy of the plan to the Committee on Energy and
[[Page 110 STAT. 4165]]
Natural Resources of the Senate and the Committee on Resources
of the House of Representatives.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of the Interior such sums as are
necessary to carry out this section.
<<NOTE: Aleutian World War II National Historic Areas Act of 1996. 16
USC 461 note.>> SEC. 513. UNALASKA.
(a) Short Title.--This section may be cited as the ``Aleutian World
War II National Historic Areas Act of 1996''.
(b) Purpose.--The purpose of this section is to designate and
preserve the Aleutian World War II National Historic Area within lands
owned by the Ounalaska Corporation on the island of Amaknak, Alaska and
to provide for the interpretation, for the educational and inspirational
benefit of present and future generations, of the unique and significant
circumstances involving the history of the Aleut people, and the role of
the Aleut people and the Aleutian Islands in the defense of the United
States in World War II.
(c) Boundaries.--The Aleutian World War II National Historic Area
whall be comprised of areas on Amaknak Island depicted on the map
entitled ``Aleutian World War II National Historic Area''.
(d) Terms and Conditions.--Nothing in this section shall--
(1) authorize the conveyance of lands between the Ounalaska
Corporation and the United States Department of the Interior,
nor remove land or structures appurtenant to the land from the
exclusive control of the Ounalaska Corporation; or
(2) provide authority for the Department of the Interior to
assume the duties associated with the daily operation for the
historic area or any of its facilities or structures.
(e) Technical Assistance.--The Secretary of the Interior may award
grants and provide technical assistance to the Ounalaska Corporation and
the City of Unalaska to assist with the planning, development, and
historic preservation from any program funds authorized by law for
technical assistance, land use planning or historic preservation.
<<NOTE: 40 USC 193a note, 1003 note.>> SEC. 514. JAPANESE AMERICAN
PATRIOTISM MEMORIAL.
(a) Purpose.--It is the purpose of this section--
(1) to assist in the effort to timely establish within the
District of Columbia a national memorial to Japanese American
patriotism in World War II; and
(2) to improve management of certain parcels of Federal real
property located within the District of Columbia,
by the transferring jurisdiction over such parcels to the Architect of
the Capitol, the Secretary of the Interior, and the Government of the
District of Columbia.
(b) Transfers of Jurisdiction.--
<<NOTE: Effective date.>> (1) In general.--Effective on the
date of the enactment of this Act and notwithstanding any other
provision of law, jurisdiction over the parcels of Federal real
property described in paragraph (2) is transferred without
additional consideration as provided by paragraph (2).
(2) Specific transfers.--
(A) Transfers to secretary of the interior.--
(i) In general.--Jurisdiction over the
following parcels is transferred to the Secretary
of the Interior:
[[Page 110 STAT. 4166]]
(I) That triangle of Federal land,
including any contiguous sidewalks
and tree space, that is part of the United States Capitol Grounds under
the jurisdiction of the Architect of the Capitol bound by D Street,
N.W., New Jersey Avenue, N.W., and Louisiana Avenue, N.W., in square
W632 in the District of Columbia, as shown on the Map Showing Properties
Under Jurisdiction of the Architect of the Capitol, dated November 8,
1994.
(II) That triangle of Federal land,
including any contiguous sidewalks and
tree space, that is part of the United
States Capitol Grounds under the
jurisdiction of the Architect of the
Capitol bound by C Street, N.W., First
Street, N.W., and Louisiana Avenue,
N.W., in the District of Columbia, as
shown on the Map Showing Properties
Under Jurisdiction of the Architect of
the Capitol, dated November 8, 1994.
(ii) Limitation.--The parcels transferred by
clause (i) shall not include those contiguous
sidewalks
abutting Louisiana Avenue, N.W., which shall
remain part of the United States Capitol Grounds
under the jurisdiction of the Architect of the
Capitol.
(iii) Consideration as memorial site.--The
parcels transferred by subclause (I) of clause (i)
may be considered as a site for a national
memorial to Japanese American patriotism in World
War II.
(B) Transfers to architect of the capitol.--
Jurisdiction over the following parcels is transferred
to the Architect of the Capitol:
(i) That portion of the triangle of Federal
land in Reservation No. 204 in the District of
Columbia under the jurisdiction of the Secretary
of the Interior, including any contiguous
sidewalks, bound by Constitution Avenue, N.E., on
the north, the branch of
Maryland Avenue, N.E., running in a northeast
direction on the west, the major portion of
Maryland Avenue, N.E., on the south, and 2nd
Street, N.E., on the east, including the
contiguous sidewalks.
(ii) That irregular area of Federal land in
Reservation No. 204 in the District of Columbia
under the jurisdiction of the Secretary of the
Interior, including any contiguous sidewalks,
northeast of the real property described in clause
(i) bound by Constitution Avenue, N.E., on the
north, the branch of Maryland Avenue, N.E.,
running to the northeast on the south, and the
private property on the west known as lot 7, in
square 726.
(iii) The two irregularly shaped medians lying
north and east of the property described in clause
(i), located between the north and south curbs of
Constitution Avenue, N.E., west of its
intersection with Second Street, N.E., all as
shown in Land Record No. 268, dated November 22,
1957, in the Office of the Surveyor, District of
Columbia, in Book 138, Page 58.
[[Page 110 STAT. 4167]]
(iv) All sidewalks under the jurisdiction of
the District of Columbia abutting on and
contiguous to the land described in clauses (i),
(ii), and (iii).
(C) Transfers to district of columbia.--Jurisdiction
over the following parcels is transferred to the
Government of the District of Columbia:
(i) That portion of New Jersey Avenue, N.W.,
between the northernmost point of the intersection
of New Jersey Avenue, N.W., and D Street, N.W.,
and the northernmost point of the intersection of
New Jersey Avenue, N.W., and Louisiana Avenue,
N.W., between squares 631 and W632, which remains
Federal property.
(ii) That portion of D Street, N.W., between
its intersection with New Jersey Avenue, N.W., and
its intersection with Louisiana Avenue, N.W.,
between squares 630 and W632, which remains
Federal
property.
(c) Miscellaneous.--
(1) Compliance with other laws.--Compliance with this
section shall be deemed to satisfy the requirements of all laws
otherwise applicable to transfers of jurisdiction over parcels
of Federal real property.
(2) Law enforcement responsibility.--Law enforcement
responsibility for the parcels of Federal real property for
which jurisdiction is transferred by subsection (b) shall be
assumed by the person acquiring such jurisdiction.
(3) United states capitol grounds.--
(A) Definition.--The first section of the Act
entitled ``An Act to define the United States Capitol
Grounds, to regulate the use thereof, and for other
purposes'', approved July 31, 1946 (40 U.S.C. 193a), is
amended to include within the definition of the United
States Capitol Grounds the parcels of Federal real
property described in subsection (b)(2)(B).
(B) Jurisdiction of capitol police.--The United
States Capitol Police shall have jurisdiction over the
parcels of Federal real property described in subsection
(b)(2)(B) in accordance with section 9 of such Act of
July 31, 1946 (40 U.S.C. 212a).
(4) Effect of transfers.--A person relinquishing
jurisdiction over a parcel of Federal real property transferred
by subsection (b) shall not retain any interest in the parcel
except as specifically provided by this section.
<<NOTE: 16 USC 461 note.>> SEC. 515. MANZANAR NATIONAL HISTORIC SITE.
(a) Termination of Withdrawals.--
(1) Unavailability of certain lands.--The Congress, by
enacting the Act entitled ``An Act to establish the Manzanar
National Historic Site in the State of California, and for other
purposes'', approved March 3, 1992 (106 Stat. 40; Public Law
102-248), (1) provided for the protection and interpretation of
the historical, cultural, and natural resources associated with
the relocation of Japanese-Americans during World War II and
established the Manzanar National Historic Site in the State of
California, and (2) authorized the Secretary of the Interior to
acquire lands or interests therein within the
[[Page 110 STAT. 4168]]
boundary of the Historic Site by donation, purchase with donated
or appropriated funds, or by exchange. The public lands
identified for disposal in the Bureau of Land Management's
Bishop Resource Area Resource Management Plan that could be made
available for exchange in support of acquiring lands within the
boundary of the Historic Site are currently unavailable for this
purpose because they are withdrawn by an Act of Congress.
(2) Termination of withdrawal.--To provide a land base with
which to allow land exchanges in support of acquiring lands
within the boundary of
the Manzanar National Historic Site, the withdrawal of the following
described lands is terminated and such lands shall not be subject to the
Act of March 4, 1931 (chapter 517; 46 Stat. 1530):
Mount Diablo Meridian
Township 2 North, Range 26 East
Section 7:
North half south half of lot 1 of southwest quarter, north
half south half of lot 2 of southwest quarter, north half south
half southeast quarter.
Township 4 South, Range 33 East
Section 31:
Lot 1 of southwest quarter, northwest quarter northeast
quarter, southeast quarter;
Section 32:
Southeast quarter northwest quarter, northeast quarter
southwest quarter, southwest quarter southeast quarter.
Township 5 South, Range 33 East
Section 4:
West half of lot 1 of northwest quarter, west half of lot 2
of northwest quarter.
Section 5:
East half of lot 1 of northeast quarter, east half of lot 2
of northeast quarter.
Section 9:
Northwest quarter southwest quarter northeast quarter.
Section 17:
Southeast quarter northwest quarter, northwest quarter
southeast quarter.
Section 22:
Lot 1 and 2.
Section 27:
Lot 2, west half northeast quarter, southeast quarter
northwest quarter, northeast quarter southwest quarter,
northwest quarter southeast quarter.
Section 34:
Northeast quarter, northwest quarter, southeast quarter.
[[Page 110 STAT. 4169]]
Township 6 South, Range 31 East
Section 19:
East half northeast quarter southeast quarter.
Township 6 South, Range 33 East
Section 10:
East half southeast quarter.
Section 11:
Lot 1 and 2, west half northeast quarter, northwest quarter,
west half southwest quarter, northeast quarter southwest
quarter.
Section 14:
Lots 1 through 4, west half northeast quarter, southeast
quarter northwest quarter, northeast quarter southwest
quarter, northwest quarter southeast quarter.
Township 7 South, Range 32 East
Section 23:
South half southwest quarter.
Section 25:
Lot 2, northeast quarter northwest quarter.
Township 7 South, Range 33 East
Section 30:
South half of lot 2 of northwest quarter, lot 1 and 2 of
southwest quarter.
Section 31:
North half of lot 2 of northwest quarter, southeast quarter
northeast quarter, northeast quarter southeast quarter.
Township 8 South, Range 33 East
Section 5:
Northwest quarter southwest quarter.
Township 13 South, Range 34 East
Section 1:
Lots 43, 46, and 49 through 51.
Section 2:
North half northwest quarter southeast quarter southeast
quarter.
Township 11 South, Range 35 East
Section 30:
Lots 1 and 2, east half northwest quarter, east half
southwest quarter, and west half southwest quarter southeast
quarter.
Section 31:
Lot 8, west half west half northeast quarter, east half
northwest quarter, and west half southeast quarter.
[[Page 110 STAT. 4170]]
Township 13 South, Range 35 East
Section 18:
South half of lot 2 of northwest quarter, lot 1 and 2 of
southwest quarter, southwest quarter northeast quarter,
northwest quarter southeast quarter.
Section 29:
Southeast quarter northeast quarter, northeast quarter
southeast quarter.
Township 13 South, Range 36 East
Section 17:
Southwest quarter northwest quarter, southwest quarter.
Section 18:
South half of lot 1 of northwest quarter, lot 1 of southwest
quarter, northeast quarter, southeast quarter.
Section 19:
North half of lot 1 of northwest quarter, east half
northeast quarter, northwest quarter northeast quarter.
Section 20:
Southwest quarter northeast quarter, northwest quarter,
northeast quarter southwest quarter, southeast quarter.
Section 28:
Southwest quarter southwest quarter.
Section 29:
East half northeast quarter.
Section 33:
Northwest quarter northwest quarter, southeast quarter
northwest quarter.
Township 14 South, Range 36 East
Section 31:
Lots 1 and 2 of southwest quarter, southwest quarter
southeast quarter.
aggregating 5,630 acres, more or less.
<<NOTE: Federal Register, publication.>> (b) Availability of
Lands.--Upon enactment of this Act, the lands specified in subsection
(a) shall be open to operation of the public land laws, including the
mining and mineral leasing laws, only after the Secretary of the
Interior has published a notice in the Federal Register opening such
lands.
(c) Additional Area.--Section 101 of Public Law 102-248 is amended
by inserting in subsection (b) after the second sentence ``The site
shall also include an additional area of approximately 300 acres as
demarcated as the new proposed boundaries in the map dated March 8,
1996, entitled `Manzanar National Historic Site Archaeological Base
Map'.''.
<<NOTE: 16 USC 431 note.>> SEC. 516. RECOGNITION AND DESIGNATION
OF THE AIDS MEMORIAL GROVE AS NATIONAL
MEMORIAL.
(a) Recognition of Significance of the AIDS Memorial Grove.--The
Congress hereby recognizes the significance of the AIDS Memorial Grove
located in Golden Gate Park in San
Francisco, California, as a memorial--
(1) dedicated to individuals who have died as a result of
acquired immune deficiency syndrome; and
[[Page 110 STAT. 4171]]
(2) in support of individuals who are living with acquired
immune deficiency syndrome and their loved ones and caregivers.
(b) Designation as National Memorial.--Not later than 90 days after
the date of enactment of this Act, the Secretary of the Interior shall
designate the AIDS Memorial Grove as a national memorial.
TITLE VI--CIVIL AND REVOLUTIONARY WAR SITES
SEC. 601. UNITED STATES CIVIL WAR CENTER.
(a) Designation.--The Civil War Center, located on Raphael Semmes
Drive at Louisiana State University in Baton Rouge,
Louisiana (hereafter in this section referred to as the ``center'')
shall be known and designated as the ``United States Civil War Center''.
(b) Legal References.--Any reference in any law, regulation, paper,
record, map, or any other document of the United States to the center
referred to in subsection (b) shall be deemed to be a reference to the
``United States Civil War Center''.
(c) Flagship Institutions.--The center and the Civil War Institute
of Gettysburg College, located at 233 North Washington Street in
Gettysburg, Pennsylvania, shall be the flagship institutions for
planning the sesquicentennial commemoration of the Civil War.
<<NOTE: 16 USC 430f-5.>> SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD
ACT.
(a) Purpose.--The purpose of this section is to provide for a center
for the interpretation of the Siege and Battle of Corinth and other
Civil War actions in the Region and to enhance
public understanding of the significance of the Corinth Campaign in the
Civil War relative to the Western theater of operations, in cooperation
with State or local governmental entities and private organizations and
individuals.
(b) Acquisition of Property at Corinth, Mississippi.--The Secretary
of the Interior (referred to in this title as the ``Secretary'') shall
acquire by donation, purchase with donated or appropriated funds, or
exchange, such land and interests in land in the vicinity of the Corinth
Battlefield, in the State of Mississippi, as the
Secretary determines to be necessary for the construction of an
interpretive center to commemorate and interpret the 1862 Civil War
Siege and Battle of Corinth.
(c) Publicly Owned Land.--Land and interests in land owned by the
State of Mississippi or a political subdivision of the State of
Mississippi may be acquired only by donation.
(d) Interpretive Center and Marking.--
(1) Interpretive center.--The Secretary shall construct,
operate, and maintain on the property acquired under subsection
(b) a center for the interpretation of the Siege and Battle of
Corinth and associated historical events for the benefit of the
public.
(2) Marking.--The Secretary may mark sites associated with
the Siege and Battle of Corinth National Historic Landmark, as
designated on May 6, 1991, if the sites are determined
[[Page 110 STAT. 4172]]
by the Secretary to be protected by State or local governmental
agencies.
(3) Administration.--The land and interests in land
acquired, and the facilities constructed and maintained pursuant
to this section, shall be administered by the Secretary as a
part of Shiloh National Military Park, subject to the
appropriate laws (including regulations) applicable to the Park,
the Act entitled ``An Act to establish a National Park Service,
and for other purposes'', approved August 25, 1916 (16 U.S.C. 1
et seq.), 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.).
(e) Authorization of Appropriations.--There are authorized to be
appropriated $6,000,000 for development to carry out this section.
<<NOTE: Revolutionary War and War of 1812 Historic Preservation
Study Act of 1996. 16 USC 1a-5
note.>> SEC. 603. REVOLUTIONARY WAR AND
WAR OF 1812 HISTORIC PRESERVATION STUDY.
(a) Short Title.--This section may be cited as the ``Revolutionary
War and War of 1812 Historic Preservation Study Act of 1996''.
(b) Findings.--The Congress finds that--
(1) Revolutionary War sites and War of 1812 sites provide a
means for Americans to understand and interpret the periods in
American history during which the Revolutionary War and War of
1812 were fought;
(2) the historical integrity of many Revolutionary War sites
and War of 1812 sites is at risk because many of the sites are
located in regions that are undergoing rapid urban or suburban
development; and
(3) it is important, for the benefit of the United States,
to obtain current information on the significance of, threats to
the integrity of, and alternatives of the preservation and
interpretation of Revolutionary War sites and War of 1812 sites.
(c) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Park Service.
(2) Revolutionary war site.--The term ``Revolutionary War
site'' means a site or structure situated in the United States
that is thematically tied with the nationally significant events
that occurred during the Revolutionary War.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) War of 1812 site.--The term ``War of 1812 site'' means a
site or structure situated in the United States that is
thematically tied with the nationally significant events that
occurred during the War of 1812.
(d) Study.--
(1) Preparation.--The Secretary, acting through the
Director, shall prepare a study of Revolutionary War sites and
War of 1812 sites.
(2) Matters to be addressed.--The study under subsection (b)
shall--
(A) identify Revolutionary War sites and War of 1812
sites, including sites within units of the National Park
System in existence on the date of enactment of this
Act;
[[Page 110 STAT. 4173]]
(B) determine the relative significance of the
sites;
(C) assess short- and long-term threats to the
integrity of the sites;
(D) provide alternatives for the preservation and
interpretation of the sites by Federal, State, and local
governments, or other public or private entities,
including designation of the sites as units of the
National Park System; and
(E) research and propose land preservation
techniques.
(3) Consultation.--During the preparation of the study under
paragraph (1), the Director shall consult with--
(A) the Governor of each affected State;
(B) each affected unit of local government;
(C) State and local historic preservation
organizations;
(D) scholarly organizations; and
(E) such other interested parties as the Secretary
considers advisable.
(4) Transmittal to congress.--Not later than 2 years after
the date on which funds are made available to carry out the
study under paragraph (1), the Director shall transmit a report
describing the results of the study to the Committee on
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(5) Report.--If the Director submits a report on the study
to the Director of the Office of Management and Budget, the
Secretary shall concurrently transmit copies of the report to
the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $750,000, to remain available
until expended.
<<NOTE: American Battlefield Protection Act of 1996. 16 USC 469k.>> SEC.
604. AMERICAN BATTLEFIELD PROTECTION PROGRAM.
(a) Short Title.--This section may be cited as the ``American
Battlefield Protection Act of 1996''.
(b) Purpose.--The purpose of this section is to assist citizens,
public and private institutions, and governments at all levels in
planning, interpreting, and protecting sites where historic battles were
fought on American soil during the armed conflicts that shaped the
growth and development of the United States, in order that present and
future generations may learn and gain inspiration from the ground where
Americans made their ultimate sacrifice.
(c) Preservation Assistance.--
(1) In general.--Using the established national historic
preservation program to the extent practicable, the Secretary of
the Interior, acting through the American Battlefield Protection
Program, shall encourage, support, assist, recognize, and work
in partnership with citizens, Federal, State, local, and tribal
governments, other public entities, educational institutions,
and private nonprofit organizations in identifying, researching,
evaluating, interpreting, and protecting historic battlefields
and associated sites on a National, State, and local level.
(2) Financial assistance.--To carry out paragraph
(1), the Secretary may use a cooperative agreement, grant,
[[Page 110 STAT. 4174]]
contract, or other generally adopted means of providing
financial assistance.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 annually to carry out this section, to remain
available until expended.
(e) Repeal.--
(1) In general.--This section is repealed as of the date
that is 10 years after the date of enactment of this section.
(2) No effect on general authority.--The Secretary may
continue to conduct battlefield studies in accordance with other
authorities available to the Secretary.
(3) Unobligated funds.--Any funds made available under this
section that remain unobligated shall be credited to the general
fund of the Treasury.
SEC. 605. CHICKAMAUGA AND CHATTANOOGA NATIONAL MILITARY PARKS.
Section 1(c) of the Act entitled ``An Act to authorize and direct
the National Park Service to assist the State of Georgia in relocating a
highway affecting the Chickamauga and Chattanooga National Military Park
in Georgia'', approved December 24, 1987 (101 Stat. 1442), is amended by
striking ``$30,000,000'' and inserting ``$51,900,000''.
<<NOTE: Shenandoah Valley Battlefields National Historic District and
Commission Act of 1996. 16 USC 461 note.>> SEC. 606.
SHENANDOAH VALLEY BATTLEFIELDS.
(a) Short title.--This section may be cited as the ``Shenandoah
Valley Battlefields National Historic District and Commission Act of
1996''.
(b) Congressional Findings.--The Congress finds that--
(1) there are situated in the Shenandoah Valley in the
Commonwealth of Virginia the sites of several key Civil War
battles;
(2) certain sites, battlefields, structures, and districts
in the Shenandoah Valley are collectively of national
significance in the history of the Civil War;
(3) in 1992, the Secretary of the Interior issued a
comprehensive study of significant sites and structures
associated with Civil War battles in the Shenandoah Valley, and
found that many of the sites within the Shenandoah Valley
possess national significance and retain a high degree of
historical integrity;
(4) the preservation and interpretation of these sites will
make a vital contribution to the understanding of the heritage
of the United States;
(5) the preservation of Civil War sites within a regional
framework requires cooperation among local property owners and
Federal, State, and local government entities; and
(6) partnerships between Federal, State, and local
governments, the regional entities of such governments, and the
private sector offer the most effective opportunities for the
enhancement and management of the Civil War battlefields and
related sites in the Shenandoah Valley.
(c) Statement of Purpose.--The purposes of this section
are to--
(1) preserve, conserve, and interpret the legacy of the
Civil War in the Shenandoah Valley;
(2) recognize and interpret important events and geographic
locations representing key Civil War battles in the
[[Page 110 STAT. 4175]]
Shenandoah Valley, including those battlefields associated with
the Thomas J. (Stonewall) Jackson campaign of 1862 and the
decisive campaigns of 1864;
(3) recognize and interpret the effect of the Civil War on
the civilian population of the Shenandoah Valley during the war
and postwar reconstruction period; and
(4) create partnerships among Federal, State, and local
governments, the regional entities of such governments, and the
private sector to preserve, conserve, enhance, and interpret the
nationally significant battlefields and related sites
associated with the Civil War in the Shenandoah Valley.
(d) Definitions.--As used in this section:
(1) The term ``District'' means the Shenandoah Valley
Battlefields National Historic District established by
section 5.
(2) The term ``Commission'' means the Shenandoah Valley
Battlefields National Historic District Commission established
by section 9.
(3) The term ``plan'' means the Shenandoah Valley
Battlefields National Historic District Commission plan approved
by the Secretary under section 6.
(4) The term ``management entity'' means a unit of
government or nonprofit organization designated by the plan to
manage and administer the District.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``Shenandoah Valley'' means the Shenandoah
Valley in the Commonwealth of Virginia.
(e) Shenandoah Valley Battlefields National Historic District.--
(1) Establishment.--To carry out the purposes of this
section, there is hereby established the Shenandoah Valley
Battlefields National Historic District in the Commonwealth of
Virginia.
(2) Boundaries.--(A) The corridor shall consist of lands and
interests therein as generally depicted on the map entitled
``Shenandoah Valley National Battlefields'', numbered SHVA/
80,000, and dated April 1994.
(B) The District shall consist of historic transportation
routes linking the units depicted on the map referred to in
subparagraph (A).
(C) The map referred to in subparagraph (A) shall be on file
and available for public inspection in the offices of the
Commission, the management entity, and in the appropriate
offices of the National Park Service.
(f) Shenandoah Valley Battlefields National Historic District
Plan.--
(1) In general.--The District shall be managed and
administered by the Commission and the management entity in
accordance with the purposes of this Act and the Shenandoah
Valley Battlefields National Historic District plan developed by
the
Commission and approved by the Secretary, as provided in this
subsection.
(2) Specific provisions.--The plan shall include--
(A) an inventory which includes any property in the
District which should be preserved, restored, managed,
[[Page 110 STAT. 4176]]
maintained, or acquired because of its national historic
significance;
(B) provisions for the protection and interpretation
of the natural, cultural, and historic resources of the
District consistent with the purposes of this section;
(C) provisions for the establishment of a management
entity which shall be a unit of government or a private
nonprofit organization that administers and manages the
District consistent with the plan, and possesses the
legal ability to--
(i) receive Federal funds and funds from other
units of government or other organizations for use
in preparing and implementing the management plan;
(ii) disburse Federal funds to other units of
government or other nonprofit organizations for
use in preparing and implementing the plan;
(iii) enter into agreements with the Federal,
State, or other units of government and nonprofit
organizations;
(iv) acquire lands or interests therein by
gift or devise, or by purchase from a willing
seller using donated or appropriated funds, or by
donation and no lands or interests therein may be
acquired by
condemnation; and
(v) make such reasonable and necessary
modifications to the plan which shall be approved
by the Secretary;
(D) recommendations to the Commonwealth of Virginia
(and political subdivisions thereof) for the management,
protection, and interpretation of the natural, cultural,
and historical resources of the District;
(E) identification of appropriate partnerships
between the Federal, State, and local governments and
regional entities, and the private sector, in
furtherance of the purposes of this section;
(F) locations for visitor contact and major
interpretive facilities;
(G) provisions for implementing a continuing program
of interpretation and visitor education concerning the
resources and values of the District;
(H) provisions for a uniform historical marker and
wayside exhibit program in the District, including a
provision for marking, with the consent of the owner,
historic structures and properties that are contained
within the historic core areas and contribute to the
understanding of the District;
(I) recommendations for means of ensuring continued
local involvement and participation in the management,
protection, and development of the District; and
(J) provisions for appropriate living history
demonstrations and battlefield reenactments.
(3) Preparation of draft plan.--(A) Not later than 3 years
after the date on which the Commission conducts its first
meeting, the Commission shall submit to the Secretary a draft
plan that meets the requirements of paragraph (2).
(B) Prior to submitting the draft plan to the Secretary, the
Commission shall ensure that--
[[Page 110 STAT. 4177]]
(i) the Commonwealth of Virginia, and any political
subdivision thereof that would be affected by the plan,
receives a copy of the draft plan;
(ii) adequate notice of the availability of the
draft plan is provided through publication in
appropriate local newspapers in the area of the
District; and
(iii) at least 1 public hearing in the vicinity of
the District is conducted by the Commission with respect
to the draft plan.
(4) Review of the plan by the secretary.--The Secretary
shall review the draft plan submitted under paragraph (3) and,
not later than 90 days after the date on which the draft plan is
submitted, shall either--
(A) approve the draft plan as the plan if the
Secretary finds that the plan, when implemented, would
adequately protect the significant historical and
cultural resources of the District; or
(B) reject the draft plan and advise the Commission
in writing of the reasons therefore and indicate any
recommendations for revisions that would make the draft
plan acceptable.
(g) Duties of the Secretary.--
(1) In general.--The Secretary may award grants, provide
technical assistance and enter into cooperative agreements with
the Commission, management entity, other units of government, or
other persons to provide for the preservation and interpretation
of the natural, cultural, and historical resources within the
District.
(2) Technical assistance.--The Secretary may make grants,
provide technical assistance, and enter into cooperative
agreements for--
(A) the preparation and implementation of the plan
pursuant to subsection (f);
(B) interpretive and educational programs;
(C) acquiring lands or interests in lands from
willing sellers;
(D) capital projects and improvements undertaken
pursuant to the plan; and
(E) facilitating public access to historic resources
within the District.
(3) Early actions.--After enactment of this Act but prior to
approval of the plan, the Secretary may provide technical and
financial assistance for early actions which are important to
the purposes of this Act and which protect and preserve
resources in imminent danger of irreversible damage but for the
fact of such early action.
(4) Acquisition of land.--The Secretary may acquire land and
interests in lands from a willing seller or donee within the
District that have been specifically identified by the
Commission for acquisition by the Federal Government. No lands
or interests therein may be acquired by condemnation.
(5) Detail.--Each fiscal year during the existence of the
Commission and upon request of the Commission, the Secretary
shall detail to the Commission, on a nonreimbursable basis, 2
employees of the Department of the Interior to enable the
Commission to carry out the Commission's duties under section
[[Page 110 STAT. 4178]]
9. Such detail shall be without interruption or loss of civil
service status, benefits, or privileges.
(6) Report.--Not later than 2 years after approval of the
plan, the Secretary shall submit to Congress a report
recommending whether the District or components thereof meet the
criteria for designation as a unit of the National Park Service.
(7) Other assistance.--Nothing in this section shall be
deemed to prohibit the Secretary or units of government from
providing technical or financial assistance under any other
provision of law.
(h) Shenandoah Valley Battlefields National Historic District
Commission.--
(1) Establishment.--There is hereby established the
Shenandoah Valley Battlefields National Historic District
Commission.
(2) Membership.--The Commission shall be composed of 19
members, to be appointed by the Secretary as follows:
(A) 5 members representing local governments of
communities in the vicinity of the District, appointed
after the Secretary considers recommendations made by
appropriate local governing bodies.
(B) 10 members representing property owners within
the District (1 member within each unit of the
battlefields).
(C) 1 member with demonstrated expertise in historic
preservation.
(D) 1 member who is a recognized historian with
expertise in Civil War history.
(E) The Governor of Virginia, or a designee of the
Governor, ex officio.
(F) The Director of the National Park Service, or a
designee of the Director, ex officio.
(3) Appointments.--Members of the Commission shall be
appointed for terms of 3 years. Any member of the Commission
appointed for a definite term may serve after the expiration of
the term until the successor of the member is appointed.
(4) Election of officers.--The Commission shall elect 1 of
its members as Chairperson and 1 as Vice Chairperson. The Vice
Chairperson shall serve as Chairperson in the absence of the
Chairperson.
(5) Vacancy.--Any vacancy on the Commission shall be filled
in the same manner in which the original appointment was made,
except that the Secretary shall fill any vacancy within 30 days
after the vacancy occurs.
(6) Quorum.--Any majority of the Commission shall
constitute a quorum.
(7) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members of the Commission, but
not less than quarterly. Notice of the Commission meetings and
agendas for the meetings shall be published in local newspapers
that have a distribution throughout the Shenandoah Valley.
Meetings of the Commission shall be
subject to section 552b of title 5, United States Code (relating
to open meetings).
(8) Staff of the commission.--The Commission shall have the
power to appoint and fix the compensation of such staff as may
be necessary to carry out its duties.
[[Page 110 STAT. 4179]]
(9) Administrative support services.--The Administrator of
the General Services Administration shall provide to the
Commission, without reimbursement, such administrative
support services as the Commission may request.
(10) Federal agencies.--Upon request of the Commission, the
head of any Federal agency may detail to the Commission or
management entity, without reimbursement, personnel of the
agency to assist the commission or management entity in carrying
out its duties and such detail shall be without interruption or
loss of civil service status, benefits, or privileges.
(11) Subpoenas.--The Commission may not issue
subpoenas or exercise any subpoena authority.
(12) Expenses.--Members of the Commission shall serve
without compensation, but the Secretary may reimburse
members for expenses reasonably incurred in carrying out the
responsibilities of the Commission under this Act.
(13) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(14) Gifts.--The Commission may, for purposes of carrying
out the duties of the Commission, seek, accept, and dispose of
gifts, bequests, or donations of money, personal or real
property, or services received from any source.
(15) Termination.--The Commission shall terminate at the
expiration of the 45-day period beginning on the date on which
the Secretary approves the plan under subsection (f)(4).
(i) Duties of the Commission.--
(1) In general.--The Commission shall--
(A) develop the plan and draft plan referred to in
subsection (f), in consultation with the Secretary;
(B) assist the Commonwealth of Virginia, and any
political subdivision thereof, in the management,
protection, and interpretation of the natural, cultural,
and historical resources within the District, except
that the Commission shall in no way infringe upon the
authorities and policies of the Commonwealth of Virginia
or any
political subdivision; and
(C) take appropriate action to encourage protection
of the natural, cultural, and historic resources within
the District by landowners, local governments,
organizations, and businesses.
(j) Authorization of Appropriation.--
(1) In general.--From the amounts made available to carry
out the National Historic Preservation Act, there are authorized
to be appropriated to the Commission not more than $250,000
annually to remain available until expended.
(2) Assistance.--(A) From the amounts made available to
carry out the National Historic Preservation Act, there are
authorized to be appropriated to the Secretary for grants and
technical assistance pursuant to subsections (g) (1), (2), and
(3) not more than $2,000,000 annually to remain available until
expended.
(B) The Federal share of any funds awarded under
subsection (g)(2) may not exceed the amount of non-Federal funds
provided for the preservation, interpretation, planning,
development, or implementation with respect to which the grant
is awarded.
[[Page 110 STAT. 4180]]
(3) Land acquisition.--From the amounts made available to
carry out the National Historic Preservation Act, there are
authorized to be appropriated for land acquisition pursuant to
subsection (g)(4) not more than $2,000,000 annually to remain
available until expended.
(4) Management entity.--From the amounts made
available to carry out the National Historic Preservation Act,
there are authorized to be appropriated to the management entity
not more than $500,000 annually to remain available until
expended.
<<NOTE: 16 USC 461 note.>> SEC. 607. WASHITA BATTLEFIELD.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds that--
(A) the Battle of the Washita, November 27, 1868,
was one of the largest engagements between Plains tribes
and the United States Army on the Southern Great Plains.
The site is a registered National Historic Landmark;
(B) Lt. Colonel George A. Custer, leading the 7th
United States Cavalry, attacked the sleeping Cheyenne
village of peace chief Black Kettle. Custer's attack
resulted in more than 150 Indian casualties, many of
them women and children;
(C) the Battle of the Washita symbolizes the
struggle of the Southern Great Plains tribes to maintain
their
traditional lifeways and not to submit to reservation
confinement; and
(D) the Washita battle site possesses a high degree
of integrity and the cultural landscape is essentially
intact. The Cheyenne village site has not been altered
substantially except by periodic flooding of the Washita
River.
(2) Purposes.--The purposes of this section are to--
(A) recognize the importance of the Battle of the
Washita as a nationally significant element of frontier
military history and as a symbol of the struggles of the
Southern Great Plains tribes to maintain control of
their traditional use areas; and
(B) establish the site of the Battle of the Washita
as a national historic site and provide opportunities
for American Indian groups including the Cheyenne-
Arapaho Tribe to be involved in the formulation of plans
and
educational programs for the national historic site.
(b) Establishment.--
(1) In general.--In order to provide for the preservation
and interpretation of the Battle of the Washita, there is hereby
established the Washita Battlefield National Historic Site in
the State of Oklahoma (hereafter in this section referred to as
the ``national historic site'').
(2) Boundary.--
(A) In general.--The national historic site shall
consist of--
(i) approximately 326 acres, as generally
depicted on the map entitled ``Washita Battlefield
National
Historic Site'', numbered 22,000A and dated 12/95;
and
(ii) the private lands subject to conservation
easements referred to in subsection (d)(2).
[[Page 110 STAT. 4181]]
(B) Map.--The map referred to in subparagraph (A)(i)
shall be on file in the offices of the Director of the
National Park Service, Department of the Interior, and
other appropriate offices of the National Park Service.
The Secretary of the Interior (hereafter in this section
referred to as the ``Secretary'') may, from time to
time, make minor
revisions in the boundary of the national historic site
in accordance with section 7(c) of the Land and Water
Conservation Act of 1965 (16 U.S.C. 460l-4 et seq.).
(c) Administration.--
(1) In general.--The Secretary, acting through the
Director of the National Park Service, shall manage the national
historic site in accordance with this section and the provisions
of law generally applicable to units of the National Park
System, including ``An Act to establish a National Park Service,
and for other purposes'', approved August 25, 1916 (39 Stat.
535; 16 U.S.C. 1, 2-4), and the Act of August 21, 1935 (49 Stat.
666; U.S.C. 461-467).
(2) Management purposes.--The Secretary shall manage the
national historic site for the following purposes, among others:
(A) To protect and preserve the national historic
site, including the topographic features important to
the battle site, artifacts and other physical remains of
the battle, and the visual scene as closely as possible
as it was at the time of the battle.
(B) To interpret the cultural and natural resources
of the historic site, providing for public understanding
and appreciation of the area in such manner as to
perpetuate these qualities and values for future
generations.
(3) Consultation and training.--The Secretary, acting
through the Director of the National Park Service, shall consult
regularly with the Cheyenne-Arapaho Tribe on the formulation of
the management plan provisions referred to in subsection (e)(5)
and on preparation of educational programs provided to the
public. <<NOTE: Contracts.>> The Secretary is authorized to
enter into
cooperative agreements with the Cheyenne-Arapaho Tribe, its
subordinate boards, committees, enterprises, and traditional
leaders to further the purposes of this Act.
(d) Acquisition of Property.--
(1) Park boundaries.--Within the boundaries of the national
historic site, the Secretary is authorized to acquire lands and
interests in lands by donation, purchase with donated or
appropriated funds, or exchange, except that--
(A) no lands or interests in lands within the
historic site may be acquired without the consent of the
owner thereof, and
(B) lands and interests in lands owned by the State
of Oklahoma or any political subdivision thereof may be
acquired only by donation.
(2) Conservation easements.--The Congress finds that the
State of Oklahoma, acting through the Oklahoma Historical
Society, will work with local land owners to acquire and hold in
perpetuity conservation easements in the vicinity of the
national historic site as deemed necessary for the visual and
interpretive integrity of the site. The intent of the easements
[[Page 110 STAT. 4182]]
will be to keep occupancy of the land in private ownership and
use of the land in general agriculture.
(e) Management Plan.--Within 5 years after the date funds are made
available for purposes of this section, the Secretary, acting through
the Director of the National Park Service, shall prepare a general
management plan for the national historic site. The plan shall address,
but not be limited to, each of the following:
(1) A resource protection program.
(2) A visitor use plan including programs and facilities
that will be provided for public use, including the location and
cost of public facilities.
(3) A research and curation plan.
(4) A highway signing program.
(5) Involvement by the Cheyenne-Arapaho Tribe in the
formulation of educational programs for the national historic
site.
(6) Involvement by the State of Oklahoma and other local and
national entities willing to share in the responsibilities of
developing and supporting the national historic site.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section for land acquisition and
development not more than $5,000,000.
TITLE VII--FEES
<<NOTE: 16 USC 497c.>> SEC. 701. SKI AREA PERMIT RENTAL CHARGE.
(a) The Secretary of Agriculture shall charge a rental charge for
all ski area permits issued pursuant to section 3 of the National Forest
Ski Area Permit Act of 1986 (16 U.S.C. 497b), the Act of March 4, 1915
(38 Stat. 1101, chapter 144; 16 U.S.C. 497), or the 9th through 20th
paragraphs under the heading ``SURVEYING THE PUBLIC LANDS'' under the
heading ``UNDER THE DEPARTMENT OF THE INTERIOR'' in the Act of June 4,
1897 (30 Stat. 34, chapter 2), on National Forest System lands. Permit
rental charges for permits issued pursuant to the National Forest Ski
Area Permit Act of 1986 shall be calculated as set forth in subsection
(b). Permit rental charges for existing ski area permits issued pursuant
to the Act of March 4, 1915, and the Act of June 4, 1897, shall be
calculated in accordance with those existing permits: Provided, That a
permittee may, at the permittee's option, use the calculation method set
forth in subsection (b).
(b)(1) The ski area permit rental charge (SAPRC) shall be calculated
by adding the permittee's gross revenues from lift ticket/year-round ski
area use pass sales plus revenue from ski school operations (LT+SS) and
multiplying such total by the slope transport feet percentage (STFP) on
National Forest System land. That amount shall be increased by the gross
year-round revenue from ancillary facilities (GRAF) physically located
on national forest land, including all permittee or subpermittee
lodging, food service, rental shops, parking and other ancillary
operations, to determine the adjusted gross revenue (AGR) subject to the
permit rental charge. The final rental charge shall be calculated by
multiplying the AGR by the following percentages for each revenue
bracket and adding the total for each revenue bracket:
(A) 1.5 percent of all adjusted gross revenue below
$3,000,000;
[[Page 110 STAT. 4183]]
(B) 2.5 percent for adjusted gross revenue between
$3,000,000 and $15,000,000;
(C) 2.75 percent for adjusted gross revenue between
$15,000,000 and $50,000,000; and
(D) 4.0 percent for the amount of adjusted gross revenue
that exceeds $50,000,000.
Utilizing the abbreviations indicated in this subsection the ski area
permit fee (SAPF) formula can be simply illustrated as:
sapf = ((lt + ss) <dbl-dagger> stfp) + graf = agr; agr <dbl-dagger> %
brackets
(2) In cases where ski areas are only partially located on national
forest lands, the slope transport feet percentage on national forest
land referred to in subsection (b)
shall be calculated as generally described in the Forest Service Manual
in effect as of January 1, 1992. Revenues from Nordic ski operations
shall be included or excluded from the rental charge calculation
according to the percentage of trails physically located on national
forest land.
(3) In order to ensure that the rental charge remains fair and
equitable to both the United States and the ski area permittees, the
adjusted gross revenue figures for each revenue bracket in paragraph (1)
shall be adjusted annually by the percent increase or decrease in the
national Consumer Price Index for the preceding calendar year. No later
than 3 years <<NOTE: Reports.>> 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 United States Senate and the
Committee on Resources of the United States House of Representatives a
report analyzing whether the ski area permit rental charge legislated by
this Act is returning a fair market value rental to the United States
together with any
recommendations the Secretary may have for modifications of the system.
(c) The rental charge set forth in subsection (b) shall be due on
June 1 of each year and shall be paid or prepaid by the permittee on a
monthly, quarterly, annual or other schedule as determined appropriate
by the Secretary in consultation with the permittee. Unless mutually
agreed otherwise by the Secretary and the
permittee, the payment or prepayment schedule shall conform to the
permittee's schedule in effect prior to enactment of this Act. To reduce
costs to the permittee and the Forest Service, the Secretary shall each
year provide the permittee with a standardized form and worksheets
(including annual rental charge calculation brackets and rates) to be
used for rental charge calculation and submitted with the rental charge
payment. Information provided on such forms shall be compiled by the
Secretary annually and kept in the Office of the Chief, United States
Forest Service.
(d) The ski area permit rental charge set forth in this section
shall become effective on June 1, 1996 and cover receipts retroactive to
June 1, 1995: Provided, That if a permittee has paid rental charges for
the period June 1, 1995, to June 1, 1996, under the graduated rate
rental charge system formula in effect prior to the date of enactment of
this Act, such rental charges shall be credited toward the new rental
charge due on June 1, 1996. In order to ensure increasing rental charge
receipt levels to the United States during transition from the graduated
rate rental charge system formula to the formula of this Act, the rental
charge paid by any individual permittee shall be--
[[Page 110 STAT. 4184]]
(1) for the 1995-1996 permit year, either the rental charge
paid for the preceding 1994-1995 base year or the rental charge
calculated pursuant to this Act, whichever is higher;
(2) for the 1996-1997 permit year, either the rental charge
paid for the 1994-1995 base year or the rental charge calculated
pursuant to this Act, whichever is higher; and
(3) for the 1997-1998 permit year, either the rental charge
for the 1994-1995 base year or the rental charge calculated
pursuant to this Act, whichever is higher.
If an individual permittee's adjusted gross revenue for the 1995-1996,
1996-1997, or 1997-1998 permit years falls more than 10 percent below
the 1994-1995 base year, the rental charge paid shall be the rental
charge calculated pursuant to this Act.
(e) Under no circumstances shall revenue, or subpermittee
revenue (other than lift ticket, area use pass, or ski school sales)
obtained from operations physically located on non-national forest land
be included in the ski area permit rental charge calculation.
(f) To reduce administrative costs of ski area permittees and the
Forest Service the terms ``revenue'' and ``sales'', as used in this
section, shall mean actual income
from sales and shall not include sales of operating equipment, refunds,
rent paid to the permittee by sublessees, sponsor contributions to
special events or any amounts attributable to employee gratuities or
employee lift tickets, discounts, or other goods or services (except for
bartered goods and complimentary lift tickets) for which the permittee
does not receive money.
(g) In cases where an area of national forest land is under a ski
area permit but the permittee does not have revenue or sales qualifying
for rental charge payment pursuant to subsection (a), the permittee
shall pay an annual minimum rental charge of $2 for each national forest
acre under permit or a percentage of appraised land value, as determined
appropriate by the Secretary.
(h) Where the new rental charge provided for in subsection (b)(1)
results in an increase in permit rental charge greater than one-half of
1 percent of the permittee's adjusted gross revenue as determined under
subsection (b)(1), the new rental charge shall be phased in over a five-
year period in a manner providing for increases of approximately equal
increments.
(i) To reduce Federal costs in administering the provisions of this
Act, the reissuance of a ski area permit to provide activities similar
in nature and amount to the activities provided under the previous
permit shall not constitute a major Federal action for the purposes of
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(j) Subject to valid existing rights, all lands located within the
boundaries of ski area permits issued prior to, on or after the date of
enactment of this Act pursuant to authority of the Act of March 4, 1915
(38 Stat. 1101, chapter 144; 16 U.S.C. 497), and the Act of June 4,
1897, or the National Forest Ski Area Permit Act of 1986 (16 U.S.C.
497b) are hereby and henceforth automatically withdrawn from all forms
of appropriation under the mining laws and from disposition under all
laws pertaining to mineral and geothermal leasing and all amendments
thereto. Such withdrawal shall continue for the full term of the permit
and any modification, reissuance, or renewal thereof. Unless the
Secretary requests otherwise of the Secretary of the Interior, such
withdrawal shall be canceled automatically upon expiration or other
[[Page 110 STAT. 4185]]
termination of the permit and the land automatically restored to all
appropriation not otherwise restricted under the public land laws.
SEC. 702. DELAWARE WATER GAP.
<<NOTE: Effective date.>> (a) In General.--Effective at noon on
September 30, 2005, the use of Highway 209 within Delaware Water Gap
National Recreation Area by commercial vehicles, when such use is not
connected with the operation of the recreation area, is prohibited,
except as provided in subsection (b).
(b) Local Business Use Protected.--Subsection (a) does not apply
with respect to the use of commercial vehicles to serve businesses
located within or in the vicinity of the recreation area, as determined
by the Secretary.
(c) Conforming Provisions.--
(1) Paragraphs (1) through (3) of the third undesignated
paragraph under the heading ``ADMINISTRATIVE PROVISIONS'' in
chapter VII of title I of Public Law 98-63 (97 Stat. 329) are
repealed, effective September 30, 2005.
(2) Prior to noon on September 30, 2005, the Secretary shall
collect and utilize a commercial use fee from commercial
vehicles in accordance with paragraphs (1) through (3) of such
third undesignated paragraph. Such fee shall not exceed $25 per
trip.
SEC. 703. GLACIER BAY NATIONAL PARK.
Section 3(g) of Public Law 91-383 (16 U.S.C. 1a-2(g)) is
amended by: striking ``and park programs'' and inserting the following
at the end: ``Sixty percent of the fees paid by permittees for the
privilege of entering into Glacier Bay for the period beginning on the
first full fiscal year following the date of enactment of this sentence
shall be deposited into a special account and that such funds shall be
available--
``(1) to the extent determined necessary, to acquire and
preposition necessary and adequate emergency response equipment
to prevent harm or the threat of harm to aquatic park resources
from permittees; and
``(2) to conduct investigations to quantify any effect of
permittees' activity on wildlife and other natural resource
values of Glacier Bay National Park. The investigations provided
for in this subsection shall be designed to provide information
of value to the Secretary, in determining any appropriate
limitations on permittees' activity in Glacier Bay. The
Secretary may not impose any additional permittee operating
conditions in the areas of air, water, and oil pollution beyond
those determined and enforced by other appropriate agencies.
When competitively awarding permits to enter Glacier Bay, the
Secretary may take into account the relative impact particular
permittees will have on park values and resources, provided that
no operating conditions or limitations relating to noise
abatement shall be imposed unless the Secretary determines,
based on the weight of the evidence from all available studies
including verifiable scientific information from the
investigations provided for in this subsection, that such
limitations or conditions are necessary to protect park values
and resources. Fees paid by certain permittees for the privilege
of entering into Glacier Bay shall not exceed $5 per passenger.
For the purposes of this subsection, `certain permittee' shall
[[Page 110 STAT. 4186]]
mean a permittee which provides overnight accommodations for at
least 500 passengers for an itinerary of at least 3 nights, and
`permittee' shall mean a concessionaire providing visitor
services within Glacier Bay. Nothing in this subsection
authorizes the Secretary to require additional categories of
permits in, or otherwise increase the number of permits to enter
Glacier Bay National Park.''.
TITLE VIII--MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT PROVISIONS
SEC. 801. LIMITATION ON PARK BUILDINGS.
The 10th undesignated paragraph (relating to a limitation on the
expenditure of funds for park buildings) under the heading
``MISCELLANEOUS OBJECTS, DEPARTMENT OF THE INTERIOR'', which appears
under the heading ``UNDER THE DEPARTMENT OF THE INTERIOR'', as contained
in the first section of the Act of August 24, 1912 (37 Stat. 460), as
amended (16 U.S.C. 451), is hereby repealed.
SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF CHILDREN.
The first section of the Act of August 7, 1946 (16 U.S.C.
17j-2), is amended by adding at the end the following:
``(j) Provide transportation for children in nearby communities to
and from any unit of the National Park System used in connection with
organized recreation and interpretive programs of the National Park
Service.''.
SEC. 803. FERAL BURROS AND HORSES.
(a) Vehicles and Aircraft.--Section 9 of the Act of December 15,
1971 (16 U.S.C. 1338a), is amended by adding at the end thereof the
following: ``Nothing in this title shall be deemed to limit the
authority of the Secretary in the management of units of the National
Park System, and the Secretary may, without regard either to the
provisions of this title, or the provisions of section 47(a) of title
18, United States Code, use motor vehicles, fixed-wing aircraft, or
helicopters, or to contract for such use, in furtherance of the
management of the National Park System, and section 47(a) of title 18,
United States Code, shall be applicable to such use.''.
(b) Ozark National Scenic Riverways.--Section 7 of the Act entitled
``An Act to provide for the establishment of the Ozark National Scenic
Riverways in the State of Missouri, and for other purposes'', approved
August 27, 1964 (16 U.S.C. 460m-6), is
amended to read as follows:
``Sec. 7. (a) The Secretary, in accordance with this section, shall
allow free-roaming horses in the Ozark National Scenic Riverways.
Within <<NOTE: Contracts.>> 180 days after enactment of this section,
the Secretary shall enter into an agreement with the Missouri Wild Horse
League or another qualified nonprofit entity to provide for management
of free-roaming horses. The agreement shall provide for cost-effective
management of the horses and limit Federal expenditures to the costs of
monitoring the agreement. The Secretary shall issue permits for adequate
pastures to accommodate
[[Page 110 STAT. 4187]]
the historic population level of the free-roaming horse herd, which
shall be not less than the number of horses in existence on the date of
the enactment of this section nor more than 50.
``(b) The Secretary may not remove, or assist in, or permit the
removal of any free-roaming horses from Federal lands within the
boundary of the Ozark National Scenic Riverways unless--
``(1) the entity with whom the Secretary has entered into
the agreement under subsection (a), following notice and a 90-
day response period, substantially fails to meet the terms and
conditions of the agreement;
``(2) the number of free-roaming horses exceeds 50; or
``(3) in the case of an emergency or to protect public
health and safety, as defined in the agreement.
``(c) Nothing in this section shall be construed as creating
liability for the United States for any damages caused by the free-
roaming horses to property located inside or outside the boundaries of
the Ozark National Scenic Riverways.''.
SEC. 804. AUTHORITIES OF THE SECRETARY OF THE INTERIOR RELATING TO
MUSEUMS.
(a) Functions.--The Act entitled ``An Act to increase the public
benefits from the National Park System by facilitating the management of
museum properties relating thereto, and for other purposes'' approved
July 1, 1955 (16 U.S.C. 18f), is amended--
(1) in subsection (b) of the first section, by striking out
``from such donations and bequests of money''; and
(2) by adding at the end thereof the following:
<<NOTE: 16 USC 18f-2.>> ``SEC. 2. ADDITIONAL FUNCTIONS.
``(a) Museum Objects and Collections.--In addition to the functions
specified in the first section of this Act, the Secretary of the
Interior may perform the following functions in such manner as he shall
consider to be in the public interest:
``(1) Transfer museum objects and museum collections that
the Secretary determines are no longer needed for museum
purposes to qualified Federal agencies, including the
Smithsonian Institution, that have programs to preserve and
interpret cultural or natural heritage, and accept the transfer
of museum objects and museum collections for the purposes of
this Act from any other Federal agency, without reimbursement.
The head of any other Federal agency may transfer, without
reimbursement, museum objects and museum collections directly to
the administrative jurisdiction of the Secretary of the Interior
for the purpose of this Act.
``(2) Convey museum objects and museum collections that the
Secretary determines are no longer needed for museum purposes,
without monetary consideration but subject to such terms and
conditions as the Secretary deems necessary, to private
institutions exempt from Federal taxation under section
501(c)(3) of the Internal Revenue Code of 1986 and to non-
Federal governmental entities if the Secretary determines that
the recipient is dedicated to the preservation and
interpretation of natural or cultural heritage and is qualified
to manage the property, prior to any conveyance under this
subsection.
``(3) Destroy or cause to be destroyed museum objects and
museum collections that the Secretary determines to have no
scientific, cultural, historic, educational, esthetic, or
monetary value.
[[Page 110 STAT. 4188]]
``(b) Review and Approval.--The Secretary shall ensure that museum
collections are treated in a careful and deliberate manner that protects
the public interest. Prior to taking any action under subsection (a),
the Secretary shall establish a systematic review and approval process,
including consultation with appropriate experts, that meets the highest
standards of the museum profession for all actions taken under this
section.''.
(b) Application and Definitions.--The Act entitled ``An Act to
increase the public benefits from the National Park System by
facilitating the management of museum properties relating thereto, and
for other purposes'' approved July 1, 1955 (16 U.S.C. 18f), as amended
by subsection (a), is further amended by adding the following after
section 2:
<<NOTE: 16 USC 18f-3.>> ``SEC. 3. APPLICATION AND DEFINITIONS.
``(a) Application.--Authorities in this Act shall be available to
the Secretary of the Interior with regard to museum objects and museum
collections that were under the administrative jurisdiction of the
Secretary for the purposes of the National Park System before the date
of enactment of this section as well as those museum objects and museum
collections that may be acquired on or after such date.
``(b) Definition.--For the purposes of this Act, the terms `museum
objects' and `museum collections' mean objects that are eligible to be
or are made part of a museum, library, or archive collection through a
formal procedure, such as accessioning. Such objects are usually movable
and include but are not limited to prehistoric and historic artifacts,
works of art, books, documents, photographs, and natural history
specimens.''.
SEC. 805. VOLUNTEERS IN PARKS INCREASE.
Section 4 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18j)
is amended by striking out ``$1,000,000'' and inserting in lieu thereof
``$3,500,000''.
SEC. 806. CARL GARNER FEDERAL LANDS CLEANUP DAY.
The Federal Lands Cleanup Act of 1985 (36 U.S.C. 169i-
169-1) is amended <<NOTE: 36 USC 169i, 169i-1.>> by striking the terms
``Federal Lands Cleanup Day'' each place it appears and inserting ``Carl
Garner Federal Lands Cleanup Day''.
SEC. 807. FORT PULASKI NATIONAL MONUMENT, GEORGIA.
<<NOTE: 16 USC 431 note.>> Section 4 of the Act of June 26, 1936
(ch. 844; 49 Stat. 1979), is amended by striking ``: Provided, That''
and all that follows and inserting a period.
<<NOTE: 16 USC 230 note.>> SEC. 808. LAURA C. HUDSON VISITOR CENTER.
(a) Designation.--The visitor center at Jean Lafitte National
Historical Park, located at 419 Rue Decatur in New Orleans,
Louisiana, is hereby designated as the ``Laura C. Hudson Visitor
Center''.
(b) Legal References.--Any reference in any law, regulation, paper,
record, map, or any other document of the United States to the visitor
center referred to in subsection (a) shall be deemed to be a reference
to the ``Laura C. Hudson Visitor Center''.
[[Page 110 STAT. 4189]]
<<NOTE: 16 USC 410ff note.>> SEC. 809. ROBERT J. LAGOMARSINO
VISITOR CENTER.
(a) Designation.--The visitor center at the Channel Islands National
Park, California, is designated as the ``Robert J.
Lagomarsino Visitor Center''.
(b) Legal References.--Any reference in any law, regulation,
document, record, map, or other document of the United States to the
visitor center referred to in section 301 is deemed to be a reference to
the ``Robert J. Lagomarsino Visitor Center''.
<<NOTE: 16 USC 195 note.>> SEC. 810. EXPENDITURE OF FUNDS OUTSIDE
AUTHORIZED BOUNDARY OF ROCKY MOUNTAIN
NATIONAL PARK.
The Secretary of the Interior is authorized to collect and expend
donated funds and expend appropriated funds for the operation and
maintenance of a visitor center to be constructed for visitors to and
administration of Rocky Mountain National Park with
private funds on privately owned lands located outside the boundary of
the park.
<<NOTE: 16 USC 410ww-21.>> SEC. 811. DAYTON AVIATION.
Section 201(b) of the Dayton Aviation Heritage Preservation Act of
1992 (Public Law 102-419, approved October 16, 1992), is amended as
follows:
(1) In paragraph (2), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.
(2) In paragraph (4), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.
(3) In paragraph (5), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.
(4) In paragraph (6), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.
(5) In paragraph (7), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.
SEC. 812. PROHIBITION ON CERTAIN TRANSFERS OF NATIONAL
FOREST LANDS.
After the date of the enactment of this Act the Secretary of
Agriculture shall not transfer (by exchange or otherwise) any lands
owned by the United States and managed by the Secretary as part of the
Angeles National Forest to any person unless the instrument of
conveyance contains a restriction, enforceable by the Secretary, on the
future use of such land prohibiting the use of any portion of such land
as a solid waste landfill. Such restriction shall be promptly enforced
by the Secretary when and if a violation of the restriction occurs.
SEC. 813. GRAND LAKE CEMETERY.
(a) Agreement.--Notwithstanding any other law, not later than 6
months after the date of enactment of this Act, the Secretary of the
Interior shall enter into an appropriate form of agreement with the town
of Grand Lake, Colorado, authorizing the town to maintain permanently,
under appropriate terms and conditions, a cemetery within the boundaries
of the Rocky Mountain National Park.
(b) Cemetery Boundaries.--The cemetery shall be comprised of
approximately 5 acres of land, as generally depicted on the map entitled
``Grand Lake Cemetery'' and dated February 1995.
(c) Availability for Public Inspection.--The Secretary of the
Interior shall place the map described in subsection (b) on
[[Page 110 STAT. 4190]]
file, and make the map available for public inspection, in the
headquarters office of the Rocky Mountain National Park.
(d) Limitation.--The cemetery shall not be extended beyond the
boundaries of the cemetery shown on the map described in subsection (b).
SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.
<<NOTE: 16 USC 17o. note.>> (a) National Park Service Housing
Improvement.--
(1) Purposes.--The purposes of this section are--
(A) to develop where necessary an adequate supply of
quality housing units for field employees of the
National Park Service within a reasonable time frame;
(B) to expand the alternatives available for
construction and repair of essential Government housing;
(C) to rely on the private sector to finance or
supply housing in carrying out this section, to the
maximum extent possible, in order to reduce the need for
Federal appropriations;
(D) to ensure that adequate funds are available to
provide for long-term maintenance needs of field
employee housing; and
(E) to eliminate unnecessary Government housing and
locate such housing as is required in a manner such that
primary resource values are not impaired.
(2) General authority.--To enhance the ability of the
Secretary of the Interior (hereafter in this subsection referred
to as ``the Secretary''), acting through the Director of the
National Park Service, to effectively manage units of the
National Park System, the Secretary is authorized where
necessary and justified to make available employee housing, on
or off the lands under the administrative jurisdiction of the
National Park Service, and to rent or lease such housing to
field employees of the National Park Service at rates based on
the reasonable value of the housing in accordance with
requirements applicable under section 5911 of title 5, United
States Code.
(3) Review and revision of housing criteria.--Upon the
enactment of this Act, the Secretary shall review and revise the
existing criteria under which housing is provided to employees
of the National Park Service. Specifically, the Secretary shall
examine the existing criteria with respect to what circumstances
the National Park Service requires an employee to occupy
Government quarters to provide necessary services, protect
Government property, or because of a lack of availability of
non-Federal housing in the geographic area.
(4) Submission of report.--A report detailing the results of
the revisions required by paragraph (3) shall be submitted to
the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate not
later than 180 days after the date of the enactment of this Act.
The report shall include justifications for keeping, or for
changing, each of the criteria or factors used by the Department
of the Interior with regard to the provision of housing to
employees of the National Park Service.
(5) Review of condition of and costs relating to
housing.--Using the revised criteria developed under paragraph
(3), the Secretary shall undertake a review, for each
[[Page 110 STAT. 4191]]
unit of the National Park System, of existing government-owned
housing provided to employees of the National Park Service. The
review shall include an assessment of the physical condition of
such housing and the suitability of such housing to effectively
carry out the missions of the Department of the Interior and the
National Park Service. For each unit of such housing, the
Secretary shall determine whether the unit is needed and
justified. The review shall include estimates of the cost of
bringing each unit that is needed and justified into usable
condition that meets all applicable legal housing requirements
or, if the unit is determined to be obsolete but is still
warranted to carry out the missions of the Department of the
Interior and the National Park Service, the cost of replacing
the unit.
(6) Authorization for housing agreements.--For those units
of the National Park System for which the review required by
paragraphs (3) and (5) has been completed, the Secretary is
authorized, pursuant to the authorities contained in this
subsection and subject to the appropriation of necessary funds
in advance, to enter into housing agreements with housing
entities under which such housing entities may develop,
construct, rehabilitate, or manage housing, located on or off
public lands, for rent or lease to National Park Service
employees who meet the housing eligibility criteria developed by
the
Secretary pursuant to this Act.
(7) Joint public-private sector housing programs.--
(A) Lease to build program.--Subject to the
appropriation of necessary funds in advance, the
Secretary may--
(i) lease Federal land and interests in land
to qualified persons for the construction of field
employee quarters for any period not to exceed 50
years; and
(ii) lease developed and undeveloped non-
Federal land for providing field employee
quarters.
(B) Comptetitive leasing.--Each lease under
subparagraph (A)(i) shall be awarded through the use of
publicly advertised, competitively bid, or competitively
negotiated contracting procedures.
(C) Terms and conditions.--Each lease under
subparagraph (A)(i)--
(i) shall stipulate whether operation and
maintenance of field employee quarters is to be
provided by the lessee, field employees or the
Federal Government;
(ii) shall require that the construction and
rehabilitation of field employee quarters be done
in accordance with the requirements of the
National Park Service and local applicable
building codes and industry standards;
(iii) shall contain such additional terms and
conditions as may be appropriate to protect the
Federal interest, including limits on rents the
lessee may charge field employees for the
occupancy of quarters, conditions on maintenance
and repairs, and agreements on the provision of
charges for utilities and other infrastructure;
and
(iv) may be granted at less than fair market
value if the Secretary determines that such lease
will
[[Page 110 STAT. 4192]]
improve the quality and availability of field
employee quarters available.
(D) Contributions by united states.--The Secretary
may make payments, subject to appropriations, or
contributions in kind either in advance of or on a
continuing basis to reduce the costs of planning,
construction, or rehabilitation of quarters on or off
Federal lands under a lease under this paragraph.
(8) Rental guarantee program.--
(A) General authority.--Subject to the appropriation
of necessary funds in advance, the Secretary may enter
into a lease to build arrangement as set forth in
paragraph (7) with further agreement to guarantee the
occupancy of field employee quarters constructed or
rehabilitated under such lease. A guarantee made under
this paragraph shall be in writing.
(B) Limitations.--The Secretary may not guarantee--
(i) the occupancy of more than 75 percent of
the units constructed or rehabilitated under such
lease; and
(ii) at a rental rate that exceeds the rate
based on the reasonable value of the housing in
accordance with requirements applicable under
section 5911 of title 5, United States Code.
In no event shall outstanding guarantees be in excess of
$3,000,000,
(C) Rental to government employees.--A guarantee may
be made under this subsection only if the lessee agrees
to permit the Secretary to utilize for housing purposes
any units for which the guarantee is made
(D) Failure to maintain a satisfactory level of
operation and maintenance.--The lease shall be null and
void if the lessee fails to maintain a satisfactory
level of operation and maintenance.
(9) Joint development authority.--The Secretary may use
authorities granted by statue in combination with one another in
the furtherance of providing where necessary and justified
affordable field employee housing.
(10) Contracts for the management of field employee
quarters.--
(A) General authority.--Subject to the appropriation
of necessary funds in advance, the Secretary may enter
into contracts of any duration for the management,
repair, and maintenance of field employee quarters.
(B) Terms and conditions.--Any such contract shall
contain such terms and conditions as the Secretary deems
necessary or appropriate to protect the interests of the
United States and assure that necessary quarters are
available to field employees.
(11) Leasing of seasonal employee quarters.--
(A) General authority.--Subject to subparagraph (B),
the Secretary may lease quarters at or near a unit of
the national park system for use as seasonal quarters
for field employees. The rent charged to field employees
under such a lease shall be a rate based on the
reasonable value of the quarters in accordance with
requirements
[[Page 110 STAT. 4193]]
applicable under section 5911 of title 5, United States
Code.
(B) Limitation.--The Secretary may only issue a
lease under subparagraph (A) if the Secretary finds that
there is a shortage of adequate and affordable seasonal
quarters at or near such unit and that--
(i) the requirement for such seasonal field
employee quarters is temporary; or
(ii) leasing would be more cost effective than
construction of new seasonal field employee
quarters.
(C) Unrecovered costs.--The Secretary may pay the
unrecovered costs of leasing seasonal quarters under
this paragraph from annual appropriations for the year
in which such lease is made.
(12) Survey of existing facilities.--The Secretary shall--
(A) complete a condition assessment for all field
employee housing, including the physical condition of
such housing and the necessity and suitability of such
housing for carrying out the agency mission, using
existing information; and
(B) develop an agency-wide priority listing, by
structure, identifying those units in greatest
need for repair, rehabilitation, replacement, or initial construction.
(13) Use of housing-related funds.--Expenditure of any funds
authorized and appropriated for new construction, repair, or
rehabilitation of housing under this section shall follow the
housing priority listing established by the agency under
paragraph (13), in sequential order, to the maximum extent
practicable.
(14) Annual budget submittal.--The President's proposed
budget to Congress for the first fiscal year beginning after
enactment of this Act, and for each subsequent fiscal year,
shall include identification of nonconstruction funds to be
spent for National Park Service housing maintenance and
operations which are in addition to rental receipts collected.
(15) Study of housing allowances.--Within 12 months after
the date of enactment of this Act, the Secretary shall conduct a
study to determine the feasibility of providing eligible
employees of the National Park Service with housing allowances
rather than Government housing. The study shall specifically
examine the feasibility of providing rental allowances to
temporary and lower paid permanent employees. Whenever the
Secretary submits a copy of such study to the Office of
Management and Budget, he shall concurrently transmit copies of
the report to the Resources Committee of the United States House
of Representatives and the Committee on Energy and Natural
Resources of the United States Senate.
(16) Study of sale of employee housing.--Within 18 months of
the date of the enactment of the Act, the Secretary shall
complete a study of the sale of Government quarters to a
cooperative consisting of field employees. The Secretary shall
examine the potential benefits to the Government as well as the
employees and any risks associated with such a program.
(17) General provisions.--
[[Page 110 STAT. 4194]]
(A) Construction limitations on federal lands.--The
Secretary may not utilize any lands for the purposes of
providing field employee housing under this section
which will impact primary resource values of the area or
adversely affect the mission of the agency.
(B) Rental rates.--To the extent practicable, the
Secretary shall establish rental rates for all quarters
occupied by field employees of the National Park Service
that are based on the reasonable value of the quarters
in accordance with requirements applicable under section
5911 of title 5, United States Code.
(C) Exemption from leasing requirements.--The
provisions of section 5 of the Act of July 15, 1968 (82
Stat. 354, 356; 16 U.S.C. 460l-22), and section 321 of
the Act of June 30, 1932 (40 U.S.C. 303b; 47 Stat. 412),
shall not apply to leases issued by the Secretary under
this section.
(18) Proceeds.--The proceeds from any lease under paragraph
(7)(A)(i)(I), any lease under paragraph (11)(B), and any lease
of seasonal quarters under subsection (l), shall be retained by
the National Park Service. Such proceeds shall be deposited into
the special fund established for maintenance and operation of
quarters.
(19) Definitions.--For purposes of this subsection:
(A) The term ``field employee'' means--
(i) an employee of the National Park Service
who is exclusively assigned by the National Park
Service to perform duties at
a field unit, and the members of their family; and
(ii) other individuals who are authorized to
occupy Government quarters under section 5911 of
title 5, United States Code, and for whom there is
no feasible alternative to the provision of
Government housing, and the members of their
family.
(B) The term ``land management agency'' means the
National Park Service, Department of the Interior.
(C) The term ``primary resource values'' means
resources which are specifically mentioned in the
enabling legislation for that field unit or other
resource value
recognized under Federal statute.
(D) The term ``quarters'' means quarters owned or
leased by the Government.
(E) The term ``seasonal quarters'' means quarters
typically occupied by field employees who are hired on
assignments of 6 months or less.
(b) Minor Boundary Revision Authority.--Section 7(c) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(c)) is amended as
follows:
(1) In the first sentence, by striking ``Committee on
Natural'' and inserting ``Committee on''.
(2)(A) By striking ``: Provided, however,'' and all that
follows through ``1965''; and
(B) by inserting ``(1)'' after ``(c)'' and by inserting at
the end the following:
``(2) For the purposes of clause (i) of paragraph (1), in all cases
except the case of technical boundary revisions (resulting from such
causes as survey error or changed road alignments),
[[Page 110 STAT. 4195]]
the authority of the Secretary under such clause (i) shall apply only if
each of the following conditions is met:
``(A) The sum of the total acreage of lands, waters, and
interests therein to be added to the area and the total such
acreage to be deleted from the area is not more than 5 percent
of the total Federal acreage authorized to be included in the
area and is less than 200 acres in size.
``(B) The acquisition, if any, is not a major Federal action
significantly affecting the quality of the human environment, as
determined by the Secretary.
``(C) The sum of the total appraised value of the lands,
water, and interest therein to be added to the area and the
total appraised value of the lands,
waters, and interests therein to be deleted from the area does not
exceed $750,000.
``(D) The proposed boundary revision is not an element of a
more comprehensive boundary modification proposal.
``(E) The proposed boundary has been subject to a public
review and comment period.
``(F) The Director of the National Park Service obtains
written consent for the boundary modification from all property
owners whose lands, water, or interests therein, or a portion of
whose lands, water, or interests therein, will be added to or
deleted from the area by the boundary modification.
``(G) The lands are adjacent to other Federal lands
administered by the Director of the National Park Service.
``Minor boundary revisions involving only deletions of acreage owned by
the Federal Government and administered by the National Park Service may
be made only by Act of Congress.''.
<<NOTE: 16 USC 346e.>> (c) Authorization for Park Facilities To Be
Located
Outside the Boundaries of Zion National Park.--In order to facilitate
the administration of Zion National Park, the Secretary of the Interior
is authorized, under such terms and conditions as he may deem advisable,
to expend donated or appropriated funds for the establishment of
essential facilities for park administration and visitor use outside the
boundaries, but within the vicinity, of the park. Such facilities and
the use thereof shall be in conformity with approved plans for the park.
The Secretary shall use existing facilities wherever feasible. Such
facilities may only be constructed by the Secretary upon a finding that
the location of such facilities would--
(1) avoid undue degradation of natural or cultural resources
within the park;
(2) enhance service to the public; or
(3) provide a cost saving to the Federal Government.
<<NOTE: Contracts.>> The Secretary is authorized to enter into
cooperative agreements with State or local governments or private
entities to undertake the authority granted under this subsection. The
Secretary is encouraged to identify and utilize funding sources to
supplement any Federal funding used for these facilities.
(d) Elimination of Unnecessary Congressional Reporting
Requirements.--
(1) Repeals.--The following provisions are hereby repealed:
(A) Section 302(c) of the Act entitled ``An Act to
authorize the establishment of the Chattahoochee River
National Recreation Area in the State of Georgia, and
for other purposes (Public Law 95-344; 92 Stat. 478; 16
U.S.C. 2302(c)).
[[Page 110 STAT. 4196]]
(B) Section 503 of the Act of December 19, 1980
(Public Law 96-550; 94 Stat. 3228; 16 U.S.C. 410ii-2).
(C) Subsections (b) and (c) of section 4 of the Act
of October 15, 1982 (Public Law 97-335; 96 Stat. 1628;
16 U.S.C. 341 note).
(D) Section 7 of Public Law 89-671 (96 Stat. 1457;
16 U.S.C. 284f).
(E) Section 3(c) of the National Trails System Act
(Public Law 90-543; 82 Stat. 919; 16 U.S.C. 1242(c)).
(F) Section 4(b) of the Act of October 24, 1984
(Public Law 98-540; 98 Stat. 2720; 16 U.S.C. 1a-8).
(G) Section 106(b) of the National Visitor Center
Facilities Act of 1968 (Public Law 90-264; 82 Stat. 44;
40 U.S.C. 805(b)).
(H) Section 6(f)(7) of the Act of September 3, 1964
(Public Law 88-578; 78 Stat. 900; 16 U.S.C. 460l-
8(f)(7)).
(I) Subsection (b) of section 8 of the Act of August
18, 1970 (Public Law 91-383; 90 Stat. 1940; 16 U.S.C.
1a-5(b)).
(J) The last sentence of section 10(a)(2) of the
National Trails System Act (Public Law 90-543; 82 Stat.
926; 16 U.S.C. 1249(a)(2)).
(K) Section 4 of the Act of October 31, 1988 (Public
Law 100-573; Stat. 2891; 16 U.S.C. 460o note).
(L) Section 104(b) of the Act of November 19, 1988
(Public Law 100-698; 102 <<NOTE: 16 USC 461 note.>>
Stat. 4621).
(M) Section 1015(b) of the Urban Park and Recreation
Recovery Act of 1978 (Public Law 95-625; 92 Stat. 3544;
16 U.S.C. 2514(b)).
(N) Section 105 of the Act of August 13, 1970
(Public Law 91-378; 16 U.S.C. 1705).
(O) Section 307(b) of the National Historic
Preservation Act (Public Law 89-665; 16 U.S.C. 470w-
6(b)).
(2) Amendments.--The following provisions are amended:
(A) Section 10 of the Archaeological Resources
Protection Act of 1979, by striking the last sentence of
subsection (c) (Public Law 96-95; 16 U.S.C. 470ii(c)).
(B) Section 5(c) of the Act of June 27, 1960 (Public
Law 86-523; 16 U.S.C. 469a-3(c); 74 Stat. 220), by
inserting a period after ``Act'' and striking ``and
shall submit'' and all that follows.
(C) Section 7(a)(3) of the Act of September 3, 1964
(Public Law 88-578; 78 Stat. 903; 16 U.S.C. 460l-
9(a)(3)), by striking the last sentence.
(D) Section 111 of the Petroglyph National Monument
Establishment Act of 1990 (Public Law 101-313; 104 Stat.
278), <<NOTE: 16 USC 431 note.>> by striking the second
sentence.
(E) Section 307(a) of the National Historic
Preservation Act (Public Law 89-665; 16 U.S.C. 470w-
6(a)) is amended by striking the first and second
sentences.
(F) Section 101(a)(1)(B) of the National Historic
Preservation Act (Public Law 89-665; 16 U.S.C. 470a) by
inserting a period after ``Register'' the last place
such term appears and by striking ``and submitted'' and
all that
follows.
(e) Senate Confirmation of the Director of the National Park
Service.--
[[Page 110 STAT. 4197]]
(1) In general.--The first section of the Act 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;
commonly referred to as the ``National Park Service Organic
Act''), is amended in the first sentence by striking ``who shall
be appointed by the Secretary'' and all that follows and
inserting ``who shall be appointed by the President, by and with
the advice and consent of the Senate. The Director shall have
substantial experience and demonstrated competence in land
management and natural or cultural resource conservation. The
Director shall select two Deputy Directors. The first Deputy
Director shall have responsibility for National Park Service
operations, and the second Deputy Director shall have
responsibility for other programs assigned to the National Park
Service.''.
<<NOTE: 16 USC 1 note.>> (2) Effective date and
application.--The amendment made by subsection (a) shall take
effect on February 1, 1997, and shall apply with respect to the
individual (if any) serving as the Director of the National Park
Service on that date.
(f) National Park System Advisory Board Authorization.--
(1) National Park system advisory board.--Section 3 of the
Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463) is amended
as follows:
(A) In subsection (a) by striking the first 3
sentences and inserting in lieu thereof: ``There is
hereby established a National Park System Advisory
Board, whose purpose shall be to advise the Director of
the National Park Service on matters relating to the
National Park Service, the National Park System, and
programs administered by the National Park Service. The
Board shall advise the Director on matters submitted to
the Board by the Director as well as any other issues
identified by the Board. Members of the Board shall be
appointed on a staggered term basis by the Secretary for
a term not to exceed 4 years and shall serve at the
pleasure of the Secretary. The Board shall be comprised
of no more than 12 persons, appointed from among
citizens of the United States having a demonstrated
commitment to the mission of the National Park Service.
Board members shall be selected to represent various
geographic regions, including each of the administrative
regions of the National Park Service. At least 6 of the
members shall have outstanding expertise in 1 or more of
the following fields: history, archeology, anthropology,
historical or landscape architecture, biology, ecology,
geology, marine science, or social science. At least 4
of the members shall have outstanding expertise and
prior experience in the management of national or State
parks or protected areas, or national or cultural
resources management. The remaining members shall have
outstanding expertise in 1 or more of the areas
described above or in another professional or scientific
discipline, such as financial management, recreation use
management, land use planning or business management,
important to the mission of the National Park Service.
At least 1 individual shall be a locally elected
official from an area adjacent to a park. The Board
shall hold its first meeting by no later than 60 days
after the date on which all members
[[Page 110 STAT. 4198]]
of the Advisory Board who are to be appointed have been
appointed. Any vacancy in the Board shall not affect its
powers, but shall be filled in the same manner in which
the original appointment was made. The Board may adopt
such rules as may be necessary to establish its
procedures and to govern the manner of its operations,
organization, and personnel. All members of the Board
shall be reimbursed for travel and per diem in lieu of
subsistence expenses during the performance of duties of
the Board while away from home or their regular place of
business, in accordance with subchapter 1 of chapter 57
of title 5, United States Code. With the exception of
travel and per diem as noted above, a member of the
Board who is otherwise an officer or employee of the
United States Government shall serve on the Board
without additional compensation.''.
(B) By redesignating subsections (b) and (c) as (f)
and (g) and by striking from the first sentence of
subsection (f), as so redesignated ``1995'' and
inserting in lieu thereof ``2006''.
(C) By adding the following new subsections after
subsection (a):
``(b)(1) The Secretary is authorized to hire 2 full-time staffers to
meet the needs of the Advisory Board.
``(2) Service of an individual as a member of the Board shall not be
considered as service or employment bringing such individual within the
provisions of any Federal law relating to conflicts of interest or
otherwise imposing restrictions, requirements, or penalties in relation
to the employment of persons, the performance of services, or the
payment or receipt of compensation in connection with claims,
proceedings, or matters involving the United States. Service as a member
of the Board, or as an employee of the Board, shall not be considered
service in an appointive or elective position in the Government for
purposes of section 8344 of title 5, United States Code, or comparable
provisions of Federal law.
``(c)(1) Upon request of the Director, the Board is
authorized to--
``(A) hold such hearings and sit and act at such times,
``(B) take such testimony,
``(C) have such printing and binding done,
``(D) enter into such contracts and other arrangements.
``(E) make such expenditures, and
``(F) take such other actions, as the Board may deem
advisable. Any member of the Board may administer oaths or
affirmations to witnesses appearing before the Board.
``(2) The Board may establish committees or subcommittees. Any such
subcommittees or committees shall be chaired by a voting member of the
Board.
``(d) The provisions of the Federal Advisory Committee Act shall
apply to the Board established under this section with the exception of
section 14(b).
``(e)(1) The Board is authorized to secure directly from any office,
department, agency, establishment, or instrumentality of the Federal
Government such information as the Board may require for the purpose of
this section, and each such officer, department, agency, establishment,
or instrumentality is authorized and directed to furnish, to the extent
permitted by law, such information, sugges
[[Page 110 STAT. 4199]]
tions, estimates, and statistics directly to the Board, upon request
made by a member of the Board.
``(2) Upon the request of the Board, the head of any Federal
department, agency, or instrumentality is authorized to make any of the
facilities and services of such department, agency, or instrumentality
to the Board, on a nonreimbursable basis, to assist the Board in
carrying out its duties under this section.
``(3) The Board may use the United States mails in the same manner
and under the same conditions as other departments and agencies in the
United States.''.
<<NOTE: 16 USC 463 note.>> (2) Authorization of
appropriations.--There are
authorized to be appropriated to the National Park System
Advisory Board $200,000 per year to carry out the provisions of
section 3 of the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C.
463).
<<NOTE: 16 USC 463 note.>> (3) Effective date.--This
subsection shall take effect on December 7, 1997.
<<NOTE: 16 USC 1f.>> (g) Challenge Cost-Share Agreement Authority.--
(1) Definitions.--For purposes of this subsection:
(A) The term ``challenge cost-share agreement''
means any agreement entered into between the Secretary
and any cooperator for the purpose of sharing costs or
services in carrying out authorized functions and
responsibilities of the Secretary of the Interior with
respect to any unit or program of the National Park
System (as defined in section 2(a) of the Act of August
8, 1953 (16 U.S.C. 1c(a))), any affiliated area,
or any designated National Scenic or Historic Trail.
(B) The term ``cooperator'' means any State or local
government, public or private agency, organization,
institution, corporation, individual, or other entity.
(2) Challenge cost-share agreements.--The
Secretary of the Interior is authorized to negotiate and enter
into challenge cost-share agreements with cooperators.
(3) Use of federal funds.--In carrying out challenge cost-
share agreements, the Secretary of the Interior is authorized to
provide the Federal funding share from any funds available to
the National Park Service.
(h) Cost Recovery for Damage to National Park Resources.--Public Law
101-337 is amended as follows:
(1) In section 1 (16 U.S.C. 19jj), by amending subsection
(d) to read as follows:
``(d) `Park system resource' means any living or non-living resource
that is located within the boundaries of a unit of the National Park
System, except for resources owned by a non-Federal entity.''.
(2) In section 1 (16 U.S.C. 19jj) by adding at the end
thereof the following:
``(g) `Marine or aquatic park system resource' means any living or
non-living part of a marine or aquatic regimen within or is a living
part of a marine or aquatic regimen within the boundaries of a unit of
the National Park System, except for resources owned by a non-Federal
entity.''.
(3) In section 2(b) (16 U.S.C. 19jj-1(b)), by inserting
``any marine or aquatic park resource'' after ``any park system
resource''.
[[Page 110 STAT. 4200]]
<<NOTE: Oregon.>> SEC. 815. WILLIAM B. SMULLIN VISITOR CENTER.
(a) Designation.--The Bureau of Land Management's visitors center in
Rand, Oregon is hereby designated as the ``William B. Smullin Visitor
Center''.
(b) Legal References.--Any reference in any law, regulation,
document, record, map, or other document of the United States to the
visitor center referred to in subsection (a) shall be deemed to be a
reference to the ``William B. Smullin Visitor Center''.
<<NOTE: State listing.>> SEC. 816. CALUMET ECOLOGICAL PARK.
(a) Feasibility Study.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of the Interior shall
conduct a study of the feasibility of establishing an urban
ecological park to be known as ``Calumet Ecological Park'', in
the Lake Calumet area situated between the Illinois and Michigan
Canal National Heritage Corridor and the Indiana Dunes National
Lakeshore.
(2) Particulars of study.--The study under paragraph (1)
shall include consideration of the following:
(A) The suitability of establishing a park in the
Lake Calumet area that--
(i) conserves and protects the wealth of
natural resources threatened by development and
pollution in the Lake Calumet area; and
(ii) consists of a number of nonadjacent sites
forming green corridors between the Illinois and
Michigan Canal National Heritage Corridor and the
Indiana Dunes National Lakeshore, that are based
on the lakes and waterways in the area.
(B) The long-term future use of the Lake Calumet
area.
(C) Ways in which a Calumet Ecological Park would--
(i) benefit and enhance the cultural,
historical, and natural resources of the Lake
Calumet area; and
(ii) preserve natural lands and habitats in
the Lake Calumet area and northwest Indiana.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Congress a report containing findings and recommendations of a
study under this section.
<<NOTE: California.>> SEC. 817. ACQUISITION OF CERTAIN PROPERTY ON SANTA
CRUZ ISLAND.
Section 202 of Public Law 96-199 (16 U.S.C. 410ff-1) is
amended by adding the following new subsection at the end thereof:
<<NOTE: Effective date.>> ``(e)(1) Notwithstanding any other
provision of law, effective 90 days after the date of enactment of this
subsection, all right, title, and interest in and to, and the right to
immediate possession of, the real property on the eastern end of Santa
Cruz Island which is known as the Gherini Ranch is hereby vested in the
United States, except for the reserved rights of use and occupancy set
forth in Instrument No. 90-027494 recorded in the Official Records of
the County of Santa Barbara, California.
``(2) The United States shall pay just compensation to the owners of
any real property taken pursuant to this subsection, determined as of
the date of taking. The full faith and credit
[[Page 110 STAT. 4201]]
of the United States is hereby pledged to the payment of any judgment
entered against the United States with respect to the taking of such
property. Payment shall be in the amount of the agreed negotiated value
of such real property plus interest or the valuation of such real
property awarded by judgment plus interest. Interest shall accrue from
the date of taking to the date of payment. Interest shall be compounded
quarterly and computed at the rate applicable for the period involved,
as determined by the Secretary of the Treasury on the basis of the
current average market yield on outstanding marketable obligations of
the United States of comparable maturities from the date of enactment of
this subsection to the last day of the month preceding the date on which
payment is made.
``(3) In the absence of a negotiated settlement, or an action by the
owner, within 1 year after the date of enactment of this subsection, the
Secretary shall initiate a proceeding, seeking in a court of competent
jurisdiction a determination of just compensation with respect to the
taking of such property.
``(4) The Secretary shall not allow any unauthorized use of the
lands to be acquired under this subsection, except that the Secretary
shall permit the orderly termination of all current activities and the
removal of any equipment, facilities, or personal property.''.
SEC. 818. NATIONAL PARK AGREEMENTS.
Section 3 of the Act entitled ``An Act to improve the administration
of the National Park System by the Secretary of the Interior, and to
clarify the authorities applicable to the system, and for other
purposes'' approved August 18, 1970 (16 U.S.C. 1a-2), is amended--
(1) in paragraph (i), by striking the period at the end
thereof and inserting in lieu thereof ``; and''; and
(2) by adding at the end thereof the following:
``(j) Enter into cooperative agreements with public or private
educational institutions, States, and their political subdivisions, for
the purpose of developing adequate, coordinated, cooperative research
and training programs concerning the resources of the National Park
System, and, pursuant to any such agreements, to accept from and make
available to the cooperator such technical and support staff, financial
assistance for mutually agreed upon research projects, supplies and
equipment, facilities, and administrative services relating to
cooperative research units as the Secretary deems appropriate; except
that this paragraph shall not waive any requirements for research
projects that are subject to the Federal procurement regulations.''.
TITLE IX--HERITAGE AREAS
<<NOTE: Massachusetts. Rhode Island.>> SEC. 901. BLACKSTONE RIVER VALLEY
NATIONAL HERITAGE
CORRIDOR.
(a) Boundary Changes.--Section 2 of the Act entitled ``An Act to
establish the Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law
99-647; 16 U.S.C. 461 note), is amended by striking the first sentence
and inserting the following new sentence: ``The boundaries shall include
the lands and water generally
[[Page 110 STAT. 4202]]
depicted on the map entitled `Blackstone River Valley National Heritage
Corridor Boundary Map', numbered BRV-80-80,011, and dated May 2,
1993.''.
(b) Terms.--Section 3(c) of the Act entitled ``An Act to establish
the Blackstone River Valley National Heritage Corridor in Massachusetts
and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16
U.S.C. 461 note), is amended by inserting before the period at the end
the following: ``, but may continue to serve after the expiration of
this term until a successor has been appointed''.
(c) Revision of Plan.--Section 6 of the Act entitled ``An Act to
establish the Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law
99-647; 16 U.S.C. 461 note), is amended by adding at the end the
following new subsection:
``(d) Revision of Plan.--(1) Not later than 1 year after the date of
the enactment of this subsection, the Commission, with the approval of
the Secretary, shall revise the Cultural Heritage and Land Management
Plan. The revision shall address the boundary change and shall include a
natural resource inventory of areas or features that should be
protected, restored, managed, or acquired because of their contribution
to the understanding of national
cultural landscape values.
``(2) No changes other than minor revisions may be made in the
approval plan as amended without the approval of the Secretary. The
Secretary shall approve or disapprove any proposed changes in the plan,
except minor revisions, in accordance with subsection (b).''.
(d) Extension of Commission.--Section 7 of the Act entitled ``An Act
to establish the Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law
99-647; 16 U.S.C. 461 note), is amended to read as follows:
``SEC. 7. TERMINATION OF COMMISSION.
``The Commission shall terminate on the date that is 10 years after
the date of enactment of this section.''.
(e) Implementation of Plan.--Subsection (c) of section 8 of the Act
entitled ``An Act to establish the Blackstone River Valley National
Heritage Corridor in Massachusetts and Rhode Island'', approved November
10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended to read as
follows:
``(c) Implementation.--(1) To assist in the implementation of the
Cultural Heritage and Land Management Plan in a manner consistent with
purposes of this Act, the Secretary is authorized to undertake a limited
program of financial assistance for the purpose of providing funds for
the preservation and restoration of structures on or eligible for
inclusion on the National Register of Historic Places within the
Corridor which exhibit national significance or provide a wide spectrum
of historic, recreational, or environmental education opportunities to
the general public.
``(2) To be eligible for funds under this section, the Commission
shall submit an application to the Secretary that includes--
``(A) a 10-year development plan including those resource
protection needs and projects critical to maintaining or
interpreting the distinctive character of the Corridor; and
[[Page 110 STAT. 4203]]
``(B) specific descriptions of annual work programs that
have been assembled, the participating parties, roles, cost
estimates, cost-sharing, or cooperative agreements necessary to
carry out the development plan.
``(3) Funds made available pursuant to this subsection shall not
exceed 50 percent of the total cost of the work programs.
``(4) In making the funds available, the Secretary shall give
priority to projects that attract greater non-Federal funding sources.
``(5) Any payment made for the purposes of conservation or
restoration of real property or structures shall be subject to an
agreement either--
``(A) to convey a conservation or preservation easement to
the Department of Environmental Management or to the Historic
Preservation Commission, as appropriate, of the State in which
the real property or structure is located; or
``(B) that conversion, use, or disposal of the resources so
assisted for purposes contrary to the purposes of this Act, as
determined by the Secretary, shall result in a right of the
United States for reimbursement of all funds expended upon such
resources or the proportion of the increased value of the
resources attributable to such funds as determined at the time
of such conversion, use, or disposal, whichever is greater.
``(6) The authority to determine that a conversion, use, or disposal
of resources has been carried out contrary to the purposes of this Act
in violation of an agreement entered into under paragraph (5)(A) shall
be solely at the discretion of the Secretary.''.
(f) Local Authority.--Section 5 of the Act entitled ``An Act to
establish the Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law
99-647; 16 U.S.C. 461 note), is amended by adding at the end the
following new subsection:
``(j) Local Authority and Private Property Not Affected.--Nothing in
this Act shall be construed to affect or to authorize the Commission to
interfere with--
``(1) the rights of any person with respect to private
property; or
``(2) any local zoning ordinance or land use plan of the
Commonwealth of Massachusetts or any political subdivision of
the Commonwealth.''.
(g) Authorization of Appropriations.--Notwithstanding any other
provisions of law regarding limitations on funding for heritage areas,
section 10 of the Act entitled ``An Act to establish the Blackstone
River Valley National Heritage Corridor in Massachusetts and Rhode
Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), as amended, is further amended:
(1) in subsection (a), by striking ``$350,000'' and
inserting ``$650,000''; and
(2) by amending subsection (b) to read as follows:
<<NOTE: Appropriation authorization.>> ``(b) Development Funds.--For
fiscal year 1996, 1997, and 1998, there is authorized to be appropriated
to carry out section 8(c) not to exceed $5,000,000.''.
[[Page 110 STAT. 4204]]
SEC. 902. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE
CORRIDOR.
The Illinois and Michigan Canal National Heritage Corridor Act of
1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended by inserting
after section 117 the following new section:
``SEC. 118. STUDY OF POSSIBLE ADDITIONS TO CORRIDOR.
``The Commission shall undertake a study to determine whether the
Joliet Army Ammunition Plant and the Calumet-Sag and
Chicago Sanitary and Ship Canals should be added to the corridor. The
study shall specifically examine the relationship between the purposes
of this Act and the areas proposed for study and shall identify any
specific resources which are related to the purposes for which the
corridor was established. The study shall propose boundaries which
provide for the inclusion of any related resources within the corridor.
The Commission shall submit the study to the Secretary and the
appropriate congressional committees. <<NOTE: Notification.>> Upon
receipt of the study, the Secretary shall determine which lands (if any)
should be added to the corridor and shall so notify the appropriate
congressional committees.''.
TITLE X--MISCELLANEOUS
<<NOTE: Tallgrass Prairie National Preserve Act of
1996. Kansas.>> Subtitle A--Tallgrass Prairie National Preserve
<<NOTE: 16 USC 698u note.>> SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ``Tallgrass Prairie National
Preserve Act of 1996''.
<<NOTE: 16 USC 698u.>> SEC. 1002. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) of the 400,000 square miles of tallgrass prairie that
once covered the North American Continent, less than 1 percent
remains, primarily in the Flint Hills of Kansas;
(2) in 1991, the National Park Service conducted a special
resource study of the Spring Hill Ranch, located in the Flint
Hills of Kansas;
(3) the study concludes that the Spring Hill Ranch--
(A) is a nationally significant example of the once
vast tallgrass ecosystem, and includes buildings listed
on the National Register of Historic Places pursuant to
section 101 of the National Historic Preservation Act
(16 U.S.C. 470a) that represent outstanding examples of
Second Empire and other 19th Century architectural
styles; and
(B) is suitable and feasible as a potential addition
to the National Park System; and
(4) the National Park Trust, which owns the Spring Hill
Ranch, has agreed to permit the National Park Service--
(A) to purchase a portion of the ranch, as specified
in the subtitle; and
(B) to manage the ranch in order to--
(i) conserve the scenery, natural and historic
objects, and wildlife of the ranch; and
(ii) provide for the enjoyment of the ranch in
such a manner and by such means as will leave the
scenery,
[[Page 110 STAT. 4205]]
natural and historic objects, and wildlife
unimpaired for the enjoyment of future
generations.
(b) Purposes.--The purposes of this subtitle are--
(1) to preserve, protect, and interpret for the public an
example of a tallgrass prairie ecosystem on the Spring Hill
Ranch, located in the Flint Hills of Kansas; and
(2) to preserve and interpret for the public the historic
and cultural values represented on the Spring Hill Ranch.
<<NOTE: 16 USC 698u-1.>> SEC. 1003. DEFINITIONS.
In this subtitle:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee established under section 1007.
(2) Preserve.--The term ``Preserve'' means the Tallgrass
Prairie National Preserve established by section 1004.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trust.--The term ``Trust'' means the National Park
Trust, Inc., a District of Columbia nonprofit corporation, or
any successor-in-interest.
<<NOTE: 16 USC 698u-2.>> SEC. 1004. ESTABLISHMENT OF TALLGRASS
PRAIRIE NATIONAL
PRESERVE.
(a) In General.--In order to provide for the preservation,
restoration, and interpretation of the Spring Hill Ranch area of the
Flint Hills of Kansas, for the benefit and enjoyment of present and
future generations, there is established the Tallgrass Prairie National
Preserve.
(b) Description.--The Preserve shall consist of the lands and
interests in land, including approximately 10,894 acres, generally
depicted on the map entitled ``Boundary Map, Flint Hills Prairie
National Monument'' numbered NM-TGP 80,000 and dated June 1994, more
particularly described in the deed filed at 8:22 a.m. of
June 3, 1994, with the Office of the Register of Deeds in Chase County,
Kansas, and recorded in Book L-106 at pages 328 through 339, inclusive.
In the case of any difference between the map and the legal description,
the legal description shall govern, except that if, as a result of a
survey, the Secretary determines that there is a discrepancy with
respect to the boundary of the Preserve that may be corrected by making
minor changes to the map, the Secretary shall make changes to the map as
appropriate, and the boundaries of the Preserve shall be adjusted
accordingly. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service of
the Department of the Interior.
<<NOTE: 16 USC 698u-3.>> SEC. 1005. ADMINISTRATION OF NATIONAL PRESERVE.
(a) In General.--The Secretary shall administer the Preserve in
accordance with this subtitle, the cooperative agreements described in
subsection (f)(1), and the provisions of law generally applicable to
units of the National Park System, 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, 2 through 4) and the Act of August 21,
1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
(b) Application of Regulations.--With the consent of a
private owner of land within the boundaries of the Preserve, the
regulations issued by the Secretary concerning the National Park
[[Page 110 STAT. 4206]]
Service that provide for the proper use, management, and protection of
persons, property, and natural and cultural resources shall apply to the
private land.
(c) Facilities.--For purposes of carrying out the duties of the
Secretary under this subtitle relating to the Preserve, the Secretary
may, with the consent of a landowner, directly or by contract,
construct, reconstruct, rehabilitate, or develop essential buildings,
structures, and related facilities including roads, trails, and other
interpretive facilities on real property that is not owned by the
Federal Government and is located within the Preserve.
(d) Liability.--
(1) Liability of the united states and its officers and
employees.--Except as otherwise provided in this subsection, the
liability of the United States is subject to the terms and
conditions of the Federal Tort Claims Act, as
amended, 28 U.S.C. 2671 et seq., with respect to the claims
arising by virtue of the Secretary's administration of the
Preserve pursuant to this Act.
(2) Liability of landowners.--
(A) The Secretary of the Interior is authorized,
under such terms and conditions as he deems appropriate,
to include in any cooperative agreement entered into in
accordance with subsection (f)(1) an indemnification
provision by which the United States agrees to hold
harmless, defend and indemnify the landowner in full
from and against any suit, claim, demand or action,
liability,
judgment, cost or other fee arising out of any claim of
personal injury or property damage that occurs in
connection with the operation of the Preserve under the
agreement: Provided however, That indemnification shall
not exceed $3 million per claimant per occurrence.
(B) The indemnification provision authorized by
subparagraph (A) shall not include claims for personal
injury or property damage proximately caused by the
wanton or willful misconduct of the landowner.
(e) Unit of the National Park System.--The Preserve shall be a unit
of the National Park System for all purposes, including the purpose of
exercising authority to charge entrance and admission fees under section
4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
6a).
(f) Agreement and Donations.--
(1) Agreements.--The Secretary may expend Federal funds for
the cooperative management of private property within the
Preserve for research, resource management (including pest
control and noxious weed control, fire protection, and the
restoration of buildings), and visitor protection and use.
(2) Donations.--The Secretary may accept, retain, and expend
donations of funds, property (other than real property), or
services from individuals, foundations, corporations, or public
entities for the purposes of providing programs, services,
facilities, or technical assistance that further the purposes of
this subtitle.
(g) General Management Plan.--
(1) In general.--Not later than the end of the third full
fiscal year beginning after the date of enactment of this Act,
the Secretary shall prepare and submit to the Committee on
Energy and Natural Resources of the Senate and the Committee
[[Page 110 STAT. 4207]]
on Resources of the House of Representatives a general
management plan for the Preserve.
(2) Consultation.--In preparing the general management plan,
the Secretary, acting through the Director of the National Park
Service, shall consult with--
(A)(i) appropriate officials of the Trust; and
(ii) the Advisory Committee; and
(B) adjacent landowners, appropriate officials of
nearby communities, the Kansas Department of Wildlife
and Parks, the Kansas Historical Society, and other
interested parties.
(3) Content of plan.--The general management plan shall
provide for the following:
(A) Maintaining and enhancing the tall grass prairie
within the boundaries of the Preserve.
(B) Public access and enjoyment of the property that
is consistent with the conservation and proper
management of the historical, cultural, and natural
resources of the ranch.
(C) Interpretive and educational programs covering
the natural history of the prairie, the cultural history
of Native Americans, and the legacy of ranching in the
Flint Hills region.
(D) Provisions requiring the application of
applicable State law concerning the maintenance of
adequate fences within the boundaries of the Preserve.
In any case in which an activity of the National Park
Service requires fences that exceed the legal fence
standard otherwise applicable to the Preserve, the
National Park Service shall pay the additional cost of
constructing and maintaining the fences to meet the
applicable requirements for that activity.
(E) Provisions requiring the Secretary to comply
with applicable State noxious weed, pesticide, and
animal health laws.
(F) Provisions requiring compliance with applicable
State water laws and Federal and State waste disposal
laws (including regulations) and any other applicable
law.
(G) Provisions requiring the Secretary to honor each
valid existing oil and gas lease for lands within the
boundaries of the Preserve (as described in section
1004(b)) that is in effect on the date of enactment of
this Act.
(H) Provisions requiring the Secretary to offer to
enter into an agreement with each individual who, as of
the date of enactment of this Act, holds rights for
cattle grazing within the boundaries of the Preserve (as
described in
section 1004(b)).
(4) Hunting and fishing.--The Secretary may allow hunting
and fishing on Federal lands within the Preserve.
(5) Financial analysis.--As part of the development of the
general management plan, the Secretary shall prepare a financial
analysis indicating how the management of the
Preserve may be fully supported through fees, private donations,
and other forms of non-Federal funding.
[[Page 110 STAT. 4208]]
<<NOTE: 16 USC 698u-4.>> SEC. 1006. LIMITED AUTHORITY TO ACQUIRE.
(a) In General.--The Secretary shall acquire, by donation, not more
than 180 acres of real property within the boundaries of the Preserve
(as described in section 1004(b)) and the improvements on the real
property.
(b) Payments in Lieu of Taxes.--For the purposes of payments made
under chapter 69 of title 31, United States Code, the real property
described in subsection (a)(1) shall be deemed to have been acquired for
the purposes specified in section 6904(a) of that title.
(c) Prohibitions.--No property may be acquired under this section
without the consent of the owner of the property. The United States may
not acquire fee ownership of any lands within the Preserve other than
lands described in this section.
<<NOTE: 16 USC 698u-5.>> SEC. 1007. ADVISORY COMMITTEE.
(a) Establishment.--There is established an advisory
committee to be known as the ``Tallgrass Prairie National Preserve
Advisory Committee''.
(b) Duties.--The Advisory Committee shall advise the
Secretary and the Director of the National Park Service concerning the
development, management, and interpretation of the Preserve. In carrying
out those duties, the Advisory Committee shall provide timely advice to
the Secretary and the Director during the preparation of the general
management plan under section 1005(g).
(c) Membership.--The Advisory Committee shall consist of 13 members,
who shall be appointed by the Secretary as follows:
(1) Three members shall be representatives of the Trust.
(2) Three members shall be representatives of local
landowners, cattle ranchers, or other agricultural interests.
(3) Three members shall be representatives of conservation
or historic preservation interests.
(4)(A) One member shall be selected from a list of persons
recommended by the Chase County Commission in the State of
Kansas.
(B) One member shall be selected from a list of persons
recommended by appropriate officials of Strong City, Kansas, and
Cottonwood Falls, Kansas.
(C) One member shall be selected from a list of persons
recommended by the Governor of the State of Kansas.
(5) One member shall be a range management specialist
representing institutions of higher education (as defined in
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a))) in the State of Kansas.
(d) Terms.--
(1) In general.--Each member of the Advisory Committee shall
be appointed to serve for a term of 3 years, except that the
initial members shall be appointed as follows:
(A) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (4) of subsection (c), to
serve for a term of 3 years.
(B) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (4) of subsection (c), to
serve for a term of 4 years.
(C) Five members shall be appointed, one each from
paragraphs (1) through (5) of subsection (c), to serve
for a term of 5 years.
[[Page 110 STAT. 4209]]
(2) Reappointment.--Each member may be reappointed to serve
a subsequent term.
(3) Expiration.--Each member shall continue to serve after
the expiration of the term of the member until a successor is
appointed.
(4) Vacancies.--A vacancy on the Advisory Committee shall be
filled in the same manner as an original appointment is made.
The member appointed to fill the vacancy shall serve until the
expiration of the term in which the vacancy occurred.
(e) Chairperson.--The members of the Advisory Committee shall select
1 of the members to serve as Chairperson.
(f) Meetings.--Meetings of the Advisory Committee shall be held at
the call of the Chairperson or the majority of the Advisory Committee.
Meetings shall be held at such locations and in such a manner as to
ensure adequate opportunity for public involvement. In compliance with
the requirements of the Federal Advisory Committee Act (5 U.S.C. App.),
the Advisory Committee shall choose an appropriate means of providing
interested members of the public advance notice of scheduled meetings.
(g) Quorum.--A majority of the members of the Advisory Committee
shall constitute a quorum.
(h) Compensation.--Each member of the Advisory Committee shall serve
without compensation, except that while engaged in official business of
the Advisory Committee, the member shall be entitled to travel expenses,
including per diem in lieu of subsistence in the same manner as persons
employed intermittently in Government service under section 5703 of
title 5, United States Code.
(i) Charter.--The rechartering provisions of section 14(b) of the
Federal Advisory Committee Act (15 U.S.C. App.) shall not apply to the
Advisory Committee.
<<NOTE: 16 USC 698u-6.>> SEC. 1008. RESTRICTION ON AUTHORITY.
Nothing in this subtitle shall give the Secretary authority to
regulate lands outside the land area acquired by the Secretary under
section 1006(a).
<<NOTE: 16 USC 698u-7.>> SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior such sums as are necessary to carry out this subtitle.
Subtitle B--Sterling Forest
SEC. 1011. PALISADES INTERSTATE PARK COMMISSION.
(a) Funding.--The Secretary of the Interior is authorized to provide
funding to the Palisades Interstate Park Commission to be used for the
acquisition of lands and interests in lands within the area generally
depicted on the map entitled ``Boundary Map, Sterling Forest Reserve'',
numbered SFR-60,001 and dated July 1, 1994. There are authorized to be
appropriated for purposes of this section not more than $17,500,000. No
funds made available under this section may be used for the acquisition
of any lands or interests in lands without the consent of the owner
thereof.
(b) Land Exchange.--The Secretary of the Interior is
authorized to exchange unreserved unappropriated Federal lands under the
administrative jurisdiction of the Secretary for the lands comprising
approximately 2,220 acres depicted on the map entitled ``Sterling
Forest, Proposed Sale of Sterling Forest Lands'' and dated
[[Page 110 STAT. 4210]]
July 25, 1996. The Secretary shall consult with the Governor of any
State in which such unreserved unappropriated lands are located prior to
carrying out such exchange. The lands acquired by the Secretary under
this section shall be transferred to the Palisades Interstate Park
Commission to be included within the Sterling Forest Reserve. The lands
exchanged under this section shall be of equal value, as determined by
the Secretary utilizing nationally recognized appraisal
standards. <<NOTE: Expiration date.>> The authority to exchange lands
under this section shall expire on the date 18 months after the date of
enactment of this Act.
Subtitle C--Additional Provisions
SEC. 1021. RECREATION LAKES.
<<NOTE: 16 USC 460l-10e note.>> (a) Findings and Purposes.--The
Congress finds that the
Federal Government, under the authority of the Reclamation Act and other
statutes, has developed manmade lakes and reservoirs that have become a
powerful magnet for diverse recreational activities and that such
activities contribute to the well-being of families and individuals and
the economic viability of local communities. The Congress further finds
that in order to further the purposes of the Land and Water Conservation
Fund, the President should appoint an advisory commission to review the
current and
anticipated demand for recreational opportunities at federally-managed
manmade lakes and reservoirs through creative partnerships involving
Federal, State, and local governments and the private sector and to
develop alternatives for enhanced recreational use of such facilities.
(b) Commission.--The Land and Water Conservation Fund Act of 1965
(Public Law 88-578, 78 Stat. 897) is amended by adding at the end
thefollowing new section:
<<NOTE: President. Reports. 16T USCT 460l-10e.>> ``Sec. 13. (a) The
President shall appoint an advisory commission to review the
opportunities for enhanced opportunities for water-based recreation
which shall submit a report to the President and to the Committee on
Energy and Natural Resources of the Senate and to the Committee on
Transportation and Infrastructure and the Committee on Resources of the
House of Representatives within one year from the date of enactment of
this section.
``(b) The members of the Commission shall include--
``(1) the Secretary of the Interior, or his designee;
``(2) the Secretary of the Army, or his designee;
``(3) the Chairman of the Tennessee Valley Authority, or his
designee;
``(4) the Secretary of Agriculture, or his designee;
``(5) a person nominated by the National Governor's
Association; and
``(6) four persons familiar with the interests of the
recreation and tourism industry, conservation and recreation
use, Indian tribes, and local governments, at least one of whom
shall be familiar with the economics and financing of recreation
related infrastructure.
``(c) The President shall appoint one member to serve as
Chairman. Any vacancy on the Commission shall be filled in the same
manner as the original appointment. Members of the Commission shall
serve without compensation but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by
[[Page 110 STAT. 4211]]
them in the performance of their duties. The Secretary of the Interior
shall provide all financial, administrative, and staffing requirements
for the Commission, including office space, furnishings, and equipment.
The heads of other Federal agencies are authorized, at the request of
the Commission, to provide such information or personnel, to the extent
permitted by law and within the limits of available funds, to the
Commission as may be useful to accomplish the purposes of this section.
``(d) The Commission may hold such hearings, sit and act at such
times and places, take such testimony, and receive such
evidence as it deems advisable: Provided, That, to the maximum extent
possible, the Commission shall use existing data and research. The
Commission is authorized to use the United States mail in the same
manner and upon the same conditions as other departments and agencies of
the United States.
``(e) The report shall review the extent of water related
recreation at Federal manmade lakes and reservoirs and shall develop
alternatives to enhance the opportunities for such use by the public. In
developing the report, the Commission shall--
``(1) review the extent to which recreation components
identified in specific authorizations associated with individual
Federal manmade lakes and reservoirs have been accomplished;
``(2) evaluate the feasibility of enhancing recreation
opportunities at federally-managed lakes and reservoirs under
existing statutes;
``(3) consider legislative changes that would enhance
recreation opportunities consistent with and subject to the
achievement of the authorized purposes of Federal water
projects; and
``(4) make recommendations on alternatives for enhanced
recreation opportunities including, but not limited to, the
establishment of a National Recreation Lake System under which
specific lakes would receive national designation and which
would be managed through innovative partnership-based agreements
between Federal agencies, State and local units of government,
and the private sector.
Any such alternatives shall be consistent with and subject to the
authorized purposes for any manmade lakes and reservoirs and shall
emphasize private sector initiatives in concert with State and local
units of government.''.
<<NOTE: Bisti/De-Na-Zin Wilderness Expansion and Fossil Forest
Protection Act. New Mexico.>> SEC. 1022.
BISTI/DE-NA-ZIN WILDERNESS EXPANSION AND
FOSSIL FOREST PROTECTION.
(a) Short Title.--This section may be cited as the ``Bisti/De-Na-Zin
Wilderness Expansion and Fossil Forest Protection
Act''.
(b) Wilderness Designation.--Section 102 of the San
Juan Basin Wilderness Protection Act of 1984 (98 <<NOTE: 16 USC 1132
note.>> Stat. 3155) is
amended--
(1) in subsection (a)--
(A) by striking ``wilderness, and, therefore,'' and
all that follows through ``System--'' and inserting
``wilderness areas, and as one component of the National
Wilderness Preservation System, to be known as the
`Bisti/De-Na-Zin Wilderness'--'';
[[Page 110 STAT. 4212]]
(B) in paragraph (1), by striking ``, and which
shall be known as the Bisti Wilderness; and'' and
inserting a semicolon;
(C) in paragraph (2), by striking ``, and which
shall be known as the De-Na-Zin Wilderness.'' and
inserting ``; and ''; and
(D) by adding at the end the following new
paragraph:
``(3) certain lands in the Farmington District of the Bureau
of Land Management, New Mexico, which comprise approximately
16,525 acres, as generally depicted on a map entitled `Bisti/De-
Na-Zin Wilderness Amendment Proposal', dated May 1992.'';
(2) in the first sentence of subsection (c), by inserting
after ``of this Act'' the following: ``with regard to the areas
described in paragraphs (1) and (2) of subsection (a), and as
soon as practicable after the date of enactment of subsection
(a)(3) with regard to the area described in subsection (a)(3)'';
(3) in subsection (d), by inserting after ``of this Act''
the following: ``with regard to the areas described in
paragraphs (1) and (2) of subsection (a), and where established
prior to the date of enactment of subsection (a)(3) with regard
to the area described in subsection (a)(3)''; and
(4) by adding at the end the following new subsection:
``(e)(1) Subject to valid existing rights, the lands described in
subsection (a)(3) are withdrawn from all forms of appropriation under
the mining laws and from disposition under all laws pertaining to
mineral leasing, geothermal leasing, and mineral material sales.
``(2) The Secretary of the Interior may issue coal leases in New
Mexico in exchange for any preference right coal lease application
within the area described in subsection (a)(3). Such exchanges shall be
made in accordance with applicable existing laws and regulations
relating to coal leases after a determination has been made by the
Secretary that the applicant is entitled to a preference right lease and
that the exchange is in the public interest.
``(3) Operations on oil and gas leases issued prior to the date of
enactment of subsection (a)(3) shall be subject to the applicable
provisions of Group 3100 of title 43, Code of Federal Regulations
(including section 3162.5-1), and such other terms, stipulations, and
conditions as the Secretary of the Interior considers necessary to avoid
significant disturbance of the land surface or impairment of the
ecological, educational, scientific, recreational, scenic, and other
wilderness values of the lands described in subsection (a)(3) in
existence on the date of enactment of subsection (a)(3). In order to
satisfy valid existing rights on the lands described in subsection
(a)(3), the Secretary of the Interior may exchange any oil and gas lease
within this area for an unleased parcel outside this area of like
mineral estate and with similar appraised mineral values.''.
(c) Exchanges for State Lands.--Section 104 of the San Juan Basin
Wilderness Protection Act of 1984 (98 Stat. 3156) is amended--
(1) in the first sentence of subsection (b), by inserting
after ``of this Act'' the following: ``with regard to the areas
described in paragraphs (1) and (2) of subsection (a), and not
later than 120 days after the date of enactment of subsection
(a)(3) with regard to the area described in subsection (a)(3)'';
[[Page 110 STAT. 4213]]
(2) in subsection (c), by inserting before the period the
following: ``with regard to the areas described in paragraphs
(1) and (2) of subsection (a), and as of the date of enactment
of subsection (a)(3) with regard to the area described in
subsection (a)(3)''; and
(3) in the last sentence of subsection (d), by inserting
before the period the following: ``with regard to the areas
described in paragraphs (1) and (2) of subsection (a), and not
later than 2 years after the date of enactment of subsection
(a)(3) with regard to the area described in subsection (a)(3)''.
(d) Exchanges for Indian Lands.--Section 105 of the San Juan Basin
Wilderness Protection Act of 1984 (98 Stat. 3157) is amended by adding
at the end the following new subsection:
``(d)(1) The Secretary of the Interior shall exchange any lands held
in trust for the Navajo Tribe by the Bureau of Indian Affairs that are
within the boundary of the area described in subsection (a)(3).
``(2) The lands shall be exchanged for lands within New Mexico
approximately equal in value that are selected by the Navajo Tribe.
``(3) After the exchange, the lands selected by the Navajo Tribe
shall be held in trust by the Secretary of the Interior in the same
manner as the lands described in paragraph (1).''.
(e) Fossil Forest Research Natural Area.--Section 103 of the San
Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is amended
to read as follows:
<<NOTE: 43 USC 178.>> ``SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA.
``(a) Establishment.--To conserve and protect natural values and to
provide scientific knowledge, education, and interpretation for the
benefit of future generations, there is established the Fossil Forest
Research Natural Area (referred to in this section as the `Area'),
consisting of the approximately 2,770 acres in the
Farmington District of the Bureau of Land Management, New Mexico, as
generally depicted on a map entitled `Fossil Forest', dated June 1983.
``(b) Map and Legal Description.--
``(1) In general.--As soon as practicable after the date of
enactment of this paragraph, the Secretary of the Interior shall
file a map and legal description of the Area with the Committee
on Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives.
``(2) Force and effect.--The map and legal description
described in paragraph (1) shall have the same force and effect
as if included in this Act.
``(3) Technical corrections.--The Secretary of the Interior
may correct clerical, typographical, and cartographical errors
in the map and legal description subsequent to filing the map
pursuant to paragraph (1).
``(4) Public inspection.--The map and legal description
shall be on file and available for public inspection in the
Office of the Director of the Bureau of Land Management,
Department of the Interior.
``(c) Management.--
``(1) In general.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall
manage the Area--
[[Page 110 STAT. 4214]]
``(A) to protect the resources within the Area; and
``(B) in accordance with this Act, the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), and other applicable provisions of law.
``(2) Mining.--
``(A) Withdrawal.--Subject to valid existing rights,
the lands within the Area are withdrawn from all forms
of appropriation under the mining laws and from
disposition under all laws pertaining to mineral
leasing, geothermal leasing, and mineral material sales.
``(B) Coal preference rights.--The Secretary of the
Interior is authorized to issue coal leases in New
Mexico in exchange for any preference right coal lease
application within the Area. Such exchanges shall be
made in accordance with applicable existing laws and
regulations relating to coal leases after a
determination has been made by the Secretary that the
applicant is entitled to a preference right lease and
that the exchange is in the public interest.
``(C) Oil and gas leases.--Operations on oil and gas
leases issued prior to the date of enactment of this
paragraph shall be subject to the applicable provisions
of Group 3100 of title 43, Code of Federal Regulations
(including section 3162.5-1), and such other terms,
stipulations, and conditions as the Secretary of the
Interior considers
necessary to avoid significant disturbance of the land
surface or impairment of the natural, educational, and
scientific research values of the Area in existence on
the date of enactment of this paragraph.
``(3) Grazing.--Livestock grazing on lands within the Area
may not be permitted.
``(d) Inventory.--Not later than 3 full fiscal years after the date
of enactment of this subsection, the Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall develop a
baseline inventory of all categories of fossil resources within the
Area. After the inventory is developed, the Secretary shall conduct
monitoring surveys at intervals specified in the management plan
developed for the Area in accordance with subsection (e).
``(e) Management Plan.--
``(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary of the Interior shall
develop and submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a management plan that describes
the appropriate use of the Area consistent with this Act.
``(2) Contents.--The management plan shall include--
``(A) a plan for the implementation of a continuing
cooperative program with other agencies and groups for--
``(i) laboratory and field interpretation; and
``(ii) public education about the resources
and
values of the Area (including vertebrate fossils);
``(B) provisions for vehicle management that are
consistent with the purpose of the Area and that provide
for the use of vehicles to the minimum extent necessary
to accomplish an individual scientific project;
[[Page 110 STAT. 4215]]
``(C) procedures for the excavation and collection
of fossil remains, including botanical fossils, and the
use of motorized and mechanical equipment to the minimum
extent necessary to accomplish an individual scientific
project; and
``(D) mitigation and reclamation standards for
activities that disturb the surface to the detriment of
scenic and environmental values.''.
<<NOTE: Oregon. 16 USC 545b.>> SEC. 1023. OPAL CREEK WILDERNESS
AND SCENIC RECREATION AREA.
(a) Definitions.--In this section:
(1) Bull of the woods wilderness.--The term ``Bull of the
Woods Wilderness'' means the land designated as wilderness by
section 3(4) of the Oregon Wilderness Act of 1984 (Public Law
98-328; 16 U.S.C. 1132 note).
(2) Opal creek wilderness.--The term ``Opal Creek
Wilderness'' means certain land in the Willamette National
Forest in the State of Oregon comprising approximately 12,800
acres, as generally depicted on the map entitled ``Proposed Opal
Creek Wilderness and Scenic Recreation Area'', dated July 1996.
(3) Scenic recreation area.--The term ``Scenic Recreation
Area'' means the Opal Creek Scenic Recreation Area, comprising
approximately 13,000 acres, as generally depicted on the map
entitled ``Proposed Opal Creek Wilderness and Scenic Recreation
Area'', dated July 1996 and established under subsection
(c)(1)(C).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Purposes.--The purposes of this section are--
(1) to establish a wilderness and scenic recreation area to
protect and provide for the enhancement of the natural, scenic,
recreational, historic and cultural resources of the area in the
vicinity of Opal Creek;
(2) to protect and support the economy of the communities of
the Santiam Canyon; and
(3) to provide increased protection for an important
drinking water source for communities served by the North
Santiam River.
<<NOTE: 16 USC 1132 note.>> (c) Establishment of Opal Creek
Wilderness and Scenic Recreation Area.--
(1) Establishment.--On a determination by the Secretary
under paragraph (2)--
(A) the Opal Creek Wilderness, as depicted on the
map described in subsection (a)(2), is hereby designated
as wilderness, subject to the provisions of the
Wilderness Act of 1964, shall become a component of the
National
Wilderness System, and shall be known as the Opal Creek
Wilderness;
(B) the part of the Bull of the Woods Wilderness
that is located in the Willamette National Forest shall
be incorporated into the Opal Creek Wilderness; and
(C) the Secretary shall establish the Opal Creek
Scenic Recreation Area in the Willamette National Forest
in the State of Oregon, comprising approximately 13,000
acres,
[[Page 110 STAT. 4216]]
as generally depicted on the map described in subsection
(a)(3).
(2) Conditions.--The designations in paragraph (1) shall not
take effect unless the Secretary makes a determination, not
later than 2 years after the date of enactment of this title,
that the following conditions have been met:
(A) the following have been donated to the United
States in an acceptable condition and without
encumbrances:
(i) all right, title, and interest in the
following patented parcels of land--
(I) Santiam Number 1, mineral survey
number 992, as described in patent
number 39-92-0002, dated December 11,
1991;
(II) Ruth Quartz Mine Number 2,
mineral
survey number 994, as described in
patent number 39-91-0012, dated February
12, 1991;
(III) Morning Star Lode, mineral
survey
number 993, as described in patent
number 36-91-0011, dated February 12,
1991;
(ii) all right, title, and interest held by
any entity other than the Times Mirror Land and
Timber Company, its successors and assigns, in and
to lands located in section 18, township 8 south,
range 5 east, Marion County, Oregon, Eureka
numbers 6, 7, 8, and 13
mining claims; and
(iii) an easement across the Hewitt,
Starvation, and Poor Boy Mill Sites, mineral
survey number 990, as described in patent number
36-91-0017, dated May 9, 1991. In the sole
discretion of the Secretary, such easement may be
limited to administrative use if an alternative
access route, adequate and appropriate for public
use, is provided.
(B) a binding agreement has been executed by the
Secretary and the owners of record as of March 29, 1996,
of the following interests, specifying the terms and
conditions for the disposition of such interests to the
United States Government--
(i) The lode mining claims known as Princess
Lode, Black Prince Lode, and King Number 4 Lode,
embracing portions of sections 29 and 32, township
8 south, range 5 east, Willamette Meridian, Marion
County, Oregon, the claims being more particularly
described in the field notes and depicted on the
plat of mineral survey number 887, Oregon; and
(ii) Ruth Quartz Mine Number 1, mineral survey
number 994, as described in patent number 39-91-
0012, dated February 12, 1991.
(3) Additions to the wilderness and scenic recreation
areas.--
(A) Lands or interests in lands conveyed to the
United States under this subsection shall be included in
and become part of, as appropriate, Opal Creek
Wilderness or the Opal Creek Scenic Recreation Area.
(B) On acquiring all or substantially all of the
land located in section 36, township 8 south, range 4
east, of the Willamette Meridian, Marion County, Oregon,
[[Page 110 STAT. 4217]]
commonly known as the Rosboro section by exchange,
purchase from a willing seller, or by donation, the
Secretary shall expand the boundary of the Scenic
Recreation Area to include such land.
(C) On acquiring all or substantially all of the
land located in section 18, township 8 south, range 5
east,
Marion County, Oregon, commonly known as the Time Mirror
property, by exchange, purchase from a willing seller,
or by donation, such land shall be included in and
become a part of the Opal Creek Wilderness.
(d) Administration of the Scenic Recreation Area.--
(1) In general.--The Secretary shall administer the Scenic
Recreation Area in accordance with this section and the laws
(including regulations) applicable to the National Forest
System.
(2) Opal creek management plan.--
(A) In general.--Not later than 2 years after the
date of establishment of the Scenic Recreation Area, the
Secretary, in consultation with the advisory committee
established under subsection (e)(1), shall prepare a
comprehensive Opal Creek Management Plan (Management
Plan) for the Scenic Recreation Area.
(B) Incorporation in land and resource
management.--Upon its completion, the Opal Creek
Management Plan shall become part of the land and
resource management plan for the Willamette National
Forest and supersede any conflicting provision in such
land and resource management plan. Nothing in this
paragraph shall be construed to supersede the
requirements of the Endangered Species Act or the
National Forest Management Act or regulations
promulgated under those Acts, or any other law.
(C) Requirements.--The Opal Creek Management Plan
shall provide for a broad range of land uses,
including--
(i) recreation;
(ii) harvesting of nontraditional forest
products, such as gathering mushrooms and material
to make baskets; and
(iii) educational and research opportunities.
(D) Plan amendments.--The Secretary may amend the
Opal Creek Management Plan as the Secretary may
determine to be necessary, consistent with the
procedures and purposes of this section.
(3) Cultural and historic resource inventory.--
(A) In general.--Not later than 1 year after the
date of establishment of the Scenic Recreation Area, the
Secretary shall review and revise the inventory of the
cultural and historic resources on the public land in
the Scenic Recreation Area developed pursuant to the
Oregon Wilderness Act of 1984 (Public Law 98-328; 16
U.S.C. 1132).
(B) Interpretation.--Interpretive activities shall
be developed under the management plan in consultation
with State and local historic preservation organizations
and shall include a balanced and factual interpretation
of the
[[Page 110 STAT. 4218]]
cultural, ecological, and industrial history of forestry
and mining in the Scenic Recreation Area.
(4) Transportation planning.--
(A) In general.--Except as provided in this
subparagraph, motorized vehicles shall not be permitted
in the Scenic Recreation Area. To maintain reasonable
motorized and other access to recreation sites and
facilities in existence on the date of enactment of this
title, the Secretary shall prepare a transportation plan
for the Scenic Recreation Area that--
(i) evaluates the road network within the
Scenic Recreation Area to determine which roads
should be retained and which roads should be
closed;
(ii) provides guidelines for transportation
and access consistent with this section;
(iii) considers the access needs of persons
with disabilities in preparing the transportation
plan for the Scenic Recreation Area;
(iv) allows forest road 2209 beyond the gate
to the Scenic Recreation Area, as depicted on the
map described in subsection (a)(2), to be used by
motorized vehicles only for administrative
purposes and for access by private inholders,
subject to such terms and conditions as the
Secretary may determine to be necessary; and
(v) restricts construction or improvement of
forest road 2209 beyond the gate to the Scenic
Recreation Area to maintaining the character of
the road as it existed upon the date of enactment
of this Act, which shall not include paving or
widening.
In order to comply with subsection (f)(2), the Secretary may
make improvements to forest road 2209 and its bridge
structures consistent with the character of the road as it
existed on the date of enactment of this Act.
(5) Hunting and fishing.--
(A) In general.--Subject to applicable Federal and
State law, the Secretary shall permit hunting and
fishing in the Scenic Recreation Area.
(B) Limitation.--The Secretary may designate zones
in which, and establish periods when, no hunting or
fishing shall be permitted
for reasons of public safety, administration, or public use and
enjoyment of the Scenic Recreation Area.
(C) Consultation.--Except during an emergency, as
determined by the Secretary, the Secretary shall consult
with the Oregon State Department of Fish and Wildlife
before issuing any regulation under this subsection.
(6) Timber cutting.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall prohibit the cutting and/or selling of
trees in the Scenic Reservation Area.
(B) Permitted cutting.--
(i) In general.--Subject to clause (ii), the
Secretary may allow the cutting of trees in the
Scenic Recreation Area only--
(I) for public safety, such as to
control the continued spread of a forest
fire in the Scenic
[[Page 110 STAT. 4219]]
Recreation Area or on land adjacent to
the Scenic Recreation Area;
(II) for activities related to
administration of the Scenic Recreation
Area, consistent with the Opal Creek
Management Plan; or
(III) for removal of hazard trees
along trails and roadways.
(ii) Salvage sales.--The Secretary may not
allow a salvage sale in the Scenic Recreation
Area.
(7) Withdrawal.--
(A) subject to valid existing rights, all lands in
the Scenic Recreation Area are withdrawn from--
(i) any form of entry, appropriation, or
disposal under the public lands laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under the mineral and
geothermal leasing laws.
(8) Bornite project.--
(A) Nothing in this section shall be construed to
interfere with or approve any exploration, mining, or
mining-related activity in the Bornite Project Area,
depicted on the map described in subsection (a)(3),
conducted in accordance with applicable laws.
(B) Nothing in this section shall be construed to
interfere with the ability of the Secretary to approve
and issue, or deny, special use permits in connection
with exploration, mining, and mining-related activities
in the Bornite Project Area.
(C) Motorized vehicles, roads, structures, and
utilities (including but not limited to power lines and
water lines) may be allowed inside the Scenic Recreation
Area to serve the activities conducted on land within
the Bornite Project.
(D) After the date of enactment of this Act, no
patent shall be issued for any mining claim under the
general mining laws located within the Bornite Project
Area.
(9) Water impoundments.--Notwithstanding the Federal Power
Act (16 U.S.C. 791a et seq.), the Federal Energy Regulatory
Commission may not license the construction of any dam, water
conduit, reservoir, powerhouse, transmission line, or other
project work in the Scenic Recreation Area, except as may be
necessary to comply with the provisions of paragraph (8) with
regard to the Bornite Project.
(10) Recreations.--
(A) Recognition.--Congress recognizes recreation as
an appropriate use of the Scenic Recreation Area.
(B) Minimum levels.--The management plan shall
permit recreation activities at not less than the levels
in existence on the date of enactment of this Act.
(C) Higher levels.--The management plan may
provide for levels of recreation use higher than the
levels in existence on the date of enactment of this Act
if such uses are consistent with the protection of the
resource values of the Scenic Recreation Area.
(D) The management plan may include public trail
access through section 28, township 8 south, range 5
east, Willamette Meridian, to Battle Ax Creek, Opal Pool
and
[[Page 110 STAT. 4220]]
other areas in the Opal Creek Wilderness and the Opal
Creek Scenic Recreation Area.
(11) Participation.--So that the knowledge, expertise, and
views of all agencies and groups may contribute affirmatively to
the most sensitive present and future use of the Scenic
Recreation Area and its various subareas for the benefit of the
public:
(A) Advisory council.--The Secretary shall consult
on a periodic and regular basis with the advisory
council established under subsection (e) with respect to
matters relating to management of the Scenic Recreation
Area.
(B) Public participation.--The Secretary shall seek
the views of private groups, individuals, and the public
concerning the Scenic Recreation Area.
(C) Other Agencies.--The Secretary shall seek the
views and assistance of, and cooperate with, any other
Federal, State, or local agency with any responsibility
for the zoning, planning, or natural resources of the
Scenic Recreation Area.
(D) Nonprofit agencies and organizations.--The
Secretary shall seek the views of any nonprofit agency
or organization that may contribute information or
expertise about the resources and the management of the
Scenic Recreation Area.
(e) Advisory Council.--
(1) Establishment.--Not later than 90 days after the
establishment of the Scenic Recreation Area, the Secretary shall
establish an advisory council for the Scenic Recreation Area.
(2) Membership.--The advisory council shall consist of not
more than 13 members, of whom--
(A) 1 member shall represent Marion County, Oregon,
and shall be designated by the governing body of the
county;
(B) 1 member shall represent the State of Oregon and
shall be designated by the Governor of Oregon;
(C) 1 member shall represent the City of Salem, and
shall be designated by the mayor of Salem, Oregon;
(D) 1 member from a city within a 25-mile radius of
the Opal Creek Scenic Recreation Area, to be designated
by the Governor of the State of Oregon from a list of
candidates provided by the mayors of the cities located
within a 25-mile radius of the Opal Creek Scenic
Recreation Area; and
(E) not more than 9 members shall be appointed by
the Secretary from among persons who, individually or
through association with a national or local
organization, have an interest in the administration of
the Scenic Recreation Area, including, but not limited
to, representatives of the timber industry,
environmental organizations, the mining industry,
inholders in the Opal Creek Wilderness and Scenic
Recreation Area, economic development interests and
Indian tribes.
(3) Staggered terms.--Members of the advisory council shall
serve for staggered terms of 3 years.
(4) Chairman.--The Secretary shall designate 1 member of the
advisory council as chairman.
[[Page 110 STAT. 4221]]
(5) Vacancies.--The Secretary shall fill a vacancy on the
advisory council in the same manner as the original appointment.
(6) Compensation.--Members of the advisory council shall
receive no compensation for their service on the advisory
council.
(f) General Provisions.--
(1) Land acquisition.--
(A) In general.--Subject to the other provisions of
this section, the Secretary may acquire any lands or
interests in land in the Scenic Recreation Area or the
Opal Creek Wilderness that the Secretary determines are
needed to carry out this section.
(B) Public land.--Any lands or interests in land
owned by a State or a political subdivision of a State
may be acquired only by donation or exchange.
(C) Condemnation.--Within the boundaries of the Opal
Creek Wilderness or the Scenic Recreation Area, the
Secretary may not acquire any privately owned land or
interest in land without the consent of the owner unless
the Secretary finds that--
(i) the nature of land use has changed
significantly, or the landowner has demonstrated
intent to change the land use significantly, from
the use that existed on the date of the enactment
of this Act; and
(ii) acquisition by the Secretary of the land
or interest in land is essential to ensure use of
the land or interest in land in accordance with
the purposes of this title or the management plan
prepared under subsection (d)(2).
(D) Nothing in this section shall be construed to
enhance or diminish the condemnation authority available
to the Secretary outside the boundaries of the Opal
Creek Wilderness or the Scenic Recreation Area.
(2) Environmental response actions and cost
recovery.--
(A) Response actions.--Nothing in this section shall
limit the authority of the Secretary or a responsible
party to conduct an environmental response action in the
Scenic Recreation Area in connection with the release,
threatened release, or cleanup of a hazardous substance,
pollutant, or contaminant, including a response action
conducted under the Comprehensive Environmental
Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(B) Liability.--Nothing in this section shall limit
the authority of the Secretary or a responsible party to
recover costs related to the release, threatened
release, or cleanup of any hazardous substance or
pollutant or contaminant in the Scenic Recreation Area.
(3) Maps and description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and a boundary description for the Opal Creek
Wilderness and for the Scenic Recreation Area with the
Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate.
[[Page 110 STAT. 4222]]
(B) Force and effect.--The boundary description and
map shall have the same force and effect as if the
description and map were included in this section,
except that the Secretary may correct clerical and
typographical errors in the boundary description and
map.
(C) Availability.--The map and boundary description
shall be on file and available for public inspection in
the Office of the Chief of the Forest Service,
Department of Agriculture.
(4) Savings provision.--Nothing in this section shall
interfere with activity for which a special use permit has been
issued, has not been revoked, and has not expired, before the
date of enactment of this Act, subject to the terms of the
permit.
<<NOTE: Rosboro Lumber Company.>> (g) Rosboro Land Exchange.--
(1) Authorization.--Notwithstanding any other law, if the
Rosboro Lumber Company (referred to in this subsection as
``Rosboro'') offers and conveys marketable title to the United
States to the land described in paragraph (2), the Secretary of
Agriculture shall convey all right, title and interest held by
the United States to sufficient lands described in paragraph (3)
to Rosboro, in the order in which they appear in this
subsection, as necessary to satisfy the equal value requirements
of paragraph (4).
(2) Land to be offered by rosboro.--The land referred to in
paragraph (1) as the land to be offered by Rosboro
shall comprise Section 36, Township 8 South, Range 4 East,
Willamette Meridian.
(3) Land to be conveyed by the united states.--The land
referred to in paragraph (1) as the land to be conveyed by the
United States shall comprise sufficient land from the following
prioritized list to be equal value under paragraph (4):
(A) Section 5, Township 17 South, Range 4 East, Lot
7 (37.63 acres);
(B) Section 2, Township 17 South, Range 4 East, Lot
3 (29.28 acres);
(C) Section 13, Township 17 South, Range 4 East,
S\1/2\SE\1/4\ (80 acres);
(D) Section 2, Township 17 South, Range 4 East,
SW\1/4\SW\1/4\ (40 acres);
(E) Section 2, Township 17 South, Range 4 East,
NW\1/4\SE\1/4\ (40 acres);
(F) Section 8, Township 17 South, Range 4 East,
SE\1/4\SW\1/4\ (40 acres);
(G) Section 11, Township 17 South, Range 4 East,
W\1/2\NW\1/4\ (80 acres);
(4) Equal value.--The land and interests in land exchanged
under this subsection shall be of equal market value as
determined by nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards for
Federal Land Acquisition, the Uniform Standards of Professional
Appraisal Practice, or shall be equalized by way of
payment of cash pursuant to the provisions of section 206(d) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(d)), and other applicable law. The appraisal shall consider
access costs for the parcels involved.
[[Page 110 STAT. 4223]]
(5) Timetable.--
(A) The exchange directed by this subsection shall
be consummated not later than 120 days after the date
Rosboro offers and conveys the property described in
paragraph (2) to the United States.
(B) The authority provided by this subsection shall
lapse of Rosboro fails to offer the land described in
paragraph (2) within 2 years after the date of enactment
of this Act.
(6) Challenge.--Rosboro shall have the right to challenge in
the United States District Court for the District of Oregon a
determination of marketability under paragraph (1) and a
determination of value for the lands described in paragraphs (2)
and (3) by the Secretary of Agriculture.
The <<NOTE: Courts.>> court shall have the authority to order
the Secretary to complete the transaction contemplated in this
subsection.
(7) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
(h) Designation of Elkhorn Creek as a Wild and Scenic River.--
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:
``( )(A) Elkhorn Creek.--The 6.4-mile segment traversing
federally administered lands from that point along the Willamette
National Forest boundary on the common section line between Sections 12
and 13, Township 9 South, Range 4 East, Willamette Meridian, to that
point where the segment leaves Federal ownership along the Bureau of
Land Management boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, in the following classes:
``(i) a 5.8-mile wild river area, extending from that point
along the Willamette National Forest boundary on the common
section line between Sections 12 and 13, Township 9 South, Range
4 East, Willamette Meridian, to its confluence with Buck Creek
in Section 1, Township 9 South, Range 3 East, Willamette
Meridian, to be administered as agreed on by the Secretaries of
Agriculture and the Interior, or as directed by the President;
and
``(ii) a 0.6-mile scenic river area, extending from the
confluence with Buck Creek in Section 1, Township 9 South, Range
3 East, Willamette Meridian, to that point where the segment
leaves Federal ownership along the Bureau of Land Management
boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, to be administered by the Secretary of
Interior, or as directed by the President.
``(B) Notwithstanding section 3(b) of this Act, the lateral
boundaries of both the wild river area and the scenic river area along
Elkhorn 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.''.
(i) Economic Development.--
(1) Economic development plan.--As a condition for receiving
funding under paragraph (2), the State of Oregon, in
consultation with Marion County, Oregon, and the Secretary of
Agriculture, shall develop a plan for economic development
projects for which grants under this subsection may be used in a
manner consistent with this section and to benefit local
[[Page 110 STAT. 4224]]
communities in the vicinity of the Opal Creek area. Such plan
shall be based on an economic opportunity study and other
appropriate information.
(2) Funds provided to the states for grants.--Upon
completion of the Opal Creek Management Plan, and receipt of the
plan referred to in paragraph (1), the Secretary shall provide,
subject to appropriations, $15,000,000 to the State of Oregon.
Such funds shall be used to make grants or loans for economic
development projects that further the purposes of this section
and benefit the local communities in the vicinity of the Opal
Creek area.
(3) Report.--The State of Oregon shall--
(A) prepare and provide the Secretary and Congress
with an annual report on the use of the funds made
available under this subsection;
<<NOTE: Records.>> (B) make available to the
Secretary and to Congress, upon request, all accounts,
financial records, and other information related to
grants and loans made available pursuant to this
subsection; and
(C) as loans are repaid, make additional grants and
loans with the money made available for obligation by
such repayments.
SEC. 1024. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Ecosystem restoration office.--The term
``Ecosystem Restoration Office'' means the Klamath Basin
Ecosystem Restoration Office operated cooperatively by the
United States Fish and Wildlife Service, Bureau of Reclamation,
Bureau of Land Management, and Forest Service.
(2) Working group.--The term ``Working Group'' means the
Upper Klamath Basin Working Group, established before the date
of enactment of this title, consisting of members nominated by
their represented groups, including--
(A) three tribal members;
(B) one representative of the City of Klamath Falls,
Oregon;
(C) one representative of Klamath County, Oregon;
(D) one representative of institutions of higher
education in the Upper Klamath Basin;
(E) four representatives of the environmental
community, including at least one such representative
from the State of California with interests in the
Klamath Basin National Wildlife Refuge Complex;
(F) four representatives of local businesses and
industries, including at least one representative of the
forest products industry and one representative of the
ocean commercial fishing industry and/or the
recreational fishing industry based in either Oregon or
California;
(G) four representatives of the ranching and farming
community, including representatives of Federal lease-
land farmers and ranchers and of private land farmers
and ranchers in the Upper Klamath Basin;
(H) two representatives from State of Oregon
agencies with authority and responsibility in the
Klamath River Basin, including one from the Oregon
Department of Fish
[[Page 110 STAT. 4225]]
and Wildlife and one from the Oregon Water Resources
Department;
(I) four representatives from the local community;
(J) one representative each from the following
Federal resource management agencies in the Upper
Klamath Basin: Fish and Wildlife Service, Bureau of
Reclamation, Bureau of Land Management, Bureau of Indian
Affairs, Forest Service, Natural Resources Conservation
Service, National Marine Fisheries Service and Ecosystem
Restoration Office; and
(K) one representative of the Klamath County Soil
and Water Conservation District.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Task force.--The term ``Task Force'' means the
Klamath River Basin Fisheries Task Force as established by the
Klamath River Basin Fishery Resource Restoration Act (Public Law
99-552, 16 U.S.C. 460ss-3 et seq.).
(5) Compact commission.--The term ``Compact Commission''
means the Klamath River Basin
Compact Commission created pursuant to the Klamath River Compact Act of
1954.
(6) Consensus.--The term ``consensus'' means a unanimous
agreement by the Working Group members present and consisting of
at least a quorum at a regularly scheduled business meeting.
(7) Quorum.--The term ``quorum'' means one more than half of
those qualified Working Group members appointed and eligible to
serve.
(8) Trinity task force.--The term ``Trinity Task Force''
means the Trinity River Restoration Task Force created by Public
Law 98-541, as amended by Public Law 104-143.
(b) In General.--
(1) The Working Group through the Ecosystem Restoration
Office, with technical assistance from the Secretary, will
propose ecological restoration projects, economic development
and stability projects, and projects designed to reduce the
impacts of drought conditions to be undertaken in the Upper
Klamath Basin based on a consensus of the Working Group
membership.
(2) The Secretary shall pay, to the greatest extent
feasible, up to 50 percent of the cost of performing any project
approved by the Secretary or his designee, up to a total amount
of $1,000,000 during each of fiscal years 1997 through 2001.
(3) Funds made available under this title through the
Department of the Interior or the Department of Agriculture
shall be distributed through the Ecosystem Restoration Office.
(4) The Ecosystem Restoration Office may utilize not more
than 15 percent of all Federal funds administered under this
section for administrative costs relating to the implementation
of this section.
(5) All funding recommendations developed by the Working
Group shall be based on a consensus of Working Group
members.
(c) Coordination.--(1) The Secretary shall formulate a cooperative
agreement among the working group, the Task Force, the Trinity Task
Force and the Compact Commission for the purposes of ensuring that
projects proposed and funded through the Working Group are consistent
with other basin-wide fish and wild
[[Page 110 STAT. 4226]]
life restoration and conservation plans, including but not limited to
plans developed by the Task Force and the Compact Commission.
<<NOTE: Notification.>> (2) To the greatest extent practicable, the
Working Group shall provide notice to, and accept input from, two
members each of the Task Force, the Trinity Task Force, and the Compact
Commission, so appointed by those entities, for the express purpose of
facilitating better communication and coordination regarding additional
basin-wide fish and wildlife and ecosystem restoration and planning
efforts. The roles and relationships of the entities involved shall be
clarified in the cooperative agreement.
(d) Public Meetings.--The Working Group shall conduct all meetings
subject to Federal open meeting and public participation laws. The
chartering requirements of the Federal Advisory
Committee Act (5 U.S.C. App.) are hereby deemed to have been met by this
section.
(e) Terms and Vacancies.--Working Group Members shall serve for
three-year terms, beginning on the date of enactment of this title.
Vacancies which occur for any reason after the
date of enactment of this title shall be filled by direct appointment of
the Governor of the State of Oregon, in consultation with the Secretary
of the Interior and the Secretary of Agriculture, in accordance with
nominations from the appropriate groups, interests, and government
agencies outlined in subsection (a)(2).
(f) Rights, Duties and Authorities Unaffected.--The
Working Group will supplement, rather than replace, existing efforts to
manage the natural resources of the Klamath Basin. Nothing in this
section affects
any legal right, duty or authority of any person or agency, including
any member of the Working Group.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 1997 through 2002.
SEC. 1025. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Working group.--The term ``Working Group'' means the
Deschutes River Basin Working Group established before the date
of enactment of this title, consisting of members nominated by
their represented groups, including--
(A) five representatives of private interests
including one each from hydroelectric production,
livestock grazing, timber, land development, and
recreation/tourism;
(B) four representatives of private interests
including two each from irrigated agriculture and the
environmental community;
(C) two representatives from the Confederated Tribes
of the Warm Springs Reservation of Oregon;
(D) two representatives from Federal agencies with
authority and responsibility in the Deschutes River
Basin, including one from the Department of the Interior
and one from the Agriculture Department;
(E) two representatives from the State of Oregon
agencies with authority and responsibility in the
Deschutes River Basin, including one from the Oregon
Department of Fish and Wildlife and one from the Oregon
Water Resources Department; and
[[Page 110 STAT. 4227]]
(F) four representatives from county or city
governments within the Deschutes River Basin county and/
or city governments.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Federal agencies.--The term ``Federal agencies'' means
agencies and departments of the United States, including, but
not limited to, the Bureau of Reclamation, Bureau of Indian
Affairs, Bureau of Land Management, Fish and Wildlife Service,
Forest Service, Natural Resources Conservation Service, Farm
Services Agency, the National Marine Fisheries Service, and the
Bonneville Power Administration.
(4) Consensus.--The term ``consensus'' means a unanimous
agreement by the Working Group members present and
constituting at least a quorum at a regularly scheduled business
meeting.
(5) Quorum.--The term ``quorum'' means one more than half of
those qualified Working Group members appointed and eligible to
serve.
(b) In General.--
(1) The Working Group will propose ecological restoration
projects on both Federal and non-Federal lands and waters to be
undertaken in the Deschutes River Basin based on a consensus of
the Working Group, provided that such projects, when involving
Federal land or funds, shall be proposed to the Bureau of
Reclamation in the Department of the Interior and any other
Federal agency with affected land or funds.
(2) The Working Group will accept donations, grants or other
funds and place such funds received into a trust fund, to be
expended on ecological restoration projects which, when
involving Federal land or funds, are approved by the affected
Federal agency.
(3) The Bureau of Reclamation shall pay from funds
authorized under subsection (h) of this title up to 50 percent
of the cost of performing any project proposed by the Working
Group and approved by the Secretary, up to a total amount of
$1,000,000 during each of the fiscal years 1997 through 2001.
(4) Non-Federal contributions to project costs for purposes
of computing the Federal matching share under paragraph (3) of
this subsection may include in-kind contributions.
(5) Funds authorized in subsection (h) of this section shall
be maintained in and distributed by the Bureau of Reclamation in
the Department of the Interior. The Bureau of Reclamation shall
not expend more than 5 percent of amounts appropriated pursuant
to subsection (h) for Federal administration of such
appropriations pursuant to this section.
(6) The Bureau of Reclamation is authorized to provide by
grant to the Working Group not more than 5 percent of funds
appropriated pursuant to subsection (h) of this title for not
more than 50 percent of administration costs relating to the
implementation of this section.
(7) The Federal agencies with authority and responsibility
in the Deschutes River Basin shall provide technical assistance
to the Working Group and shall designate representatives to
serve as members of the Working Group.
[[Page 110 STAT. 4228]]
(8) All funding recommendations developed by the Working
Group shall be based on a consensus of the Working Group
members.
(c) Public Notice and Participation.--The Working Group shall
conduct all meetings subject to applicable open meeting and public
participation laws. The activities of the Working Group and the Federal
agencies pursuant to the provisions of this title are exempt from the
provisions of title 5, United States Code, Appendix 2, sections 1-15.
(d) Priorities.--The Working Group shall give priority to
voluntary market-based economic incentives for ecosystem restoration
including, but not limited to, water leases and purchases; land leases
and purchases; tradable discharge permits; and acquisition of timber,
grazing, and land development rights to implement plans, programs,
measures, and projects.
(e) Terms and Vacancies.--Members of the Working Group representing
governmental agencies or entities shall be named by the represented
government. Members of the Working Group representing private interests
shall be named in accordance with the articles of incorporation and
bylaws of the Working Group. Representatives from Federal agencies will
serve for terms of 3 years. Vacancies which occur for any reason after
the date of enactment of this title shall be filled in accordance with
this title.
(f) Additional Projects.--Where existing authority and
appropriations permit, Federal agencies may contribute to the
implementation of projects recommended by the Working Group and approved
by the Secretary.
(g) Rights, Duties and Authorities Unaffected.--The
Working Group will supplement, rather than replace, existing efforts to
manage the natural resources of the Deschutes Basin. Nothing in this
title affects any legal right, duty or authority of any person or
agency, including any member of the Working Group.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this title $1,000,000 for each of fiscal years
1997 through 2001.
<<NOTE: Oregon.>> SEC. 1026. BULL RUN PROTECTION.--
(a) Amendments to Public Law 95-200.--
(1) The first sentence of section 2(a) of the Public Law 95-
200 <<NOTE: 16 USC 482b note.>> is amended by striking ``2(b)''
and inserting in lieu thereof ``2(c)''.
(2) The first sentence of section 2(b) of Public Law 95-200
is amended after ``the policy set forth in subsection (a)'' by
inserting ``and (b)''.
(3) Subsections (b), (c), (d), and (e) of section 2 of
Public Law 95-200 are redesignated as subsections (c), (d), (e),
and (f), respectively.
(4) Section 2 of Public Law 95-200 is amended by inserting
after subsection (a) the following new subsection:
``(b) Timber Cutting.--
``(1) In general.--Subject to paragraph (2), the Secretary
of Agriculture shall prohibit the cutting of trees in that part
of the unit consisting of the hydrographic boundary of the Bull
Run River Drainage, including certain lands within the unit and
located below the headworks of the city of Portland, Oregon's
water storage and delivery project, and as depicted
[[Page 110 STAT. 4229]]
in a map dated July 22, 1996, and entitled `Bull Run River
Drainage'.
``(2) Permitted cutting.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Agriculture shall prohibit the cutting of
trees in the area described in subparagraph (1).
``(B) Permitted cutting.--Subject to subparagraph
(C), the Secretary may only allow the cutting of trees
in the area described in subparagraph (1)--
``(i) for the protection or enhancement of
water quality in the area described in
subparagraph (1); or
``(ii) for the protection, enhancement, or
maintenance of water quantity available from the
area described in subparagraph (1); or
``(iii) for the construction, expansion,
protection
or maintenance of municipal water supply
facilities; or
``(iv) for the construction, expansion,
protection or maintenance of facilities for the
transmission of energy through and over the unit
or previously authorized hydroelectric facilities
or hydroelectric projects associated with
municipal water supply facilities.
``(C) Salvage sales.--The Secretary of Agriculture
may not authorize a salvage sale in the area described
in subparagraph (1).''.
(b) Report to Congress.--The Secretary of Agriculture shall, in
consultation with the city of Portland and other affected parties
undertake a study of that part of the Little Sandy Watershed that is
within the unit (hereinafter referred to as the ``study area''). The
study shall determine--
(1) the impact of management activities within the study
area on the quality of drinking water provided to the Portland
Metropolitan area;
(2) the identity and location of certain ecological features
within the study area, including late successional forest
characteristics, aquatic and terrestrial wildlife habitat,
significant hydrological values, or other outstanding natural
features; and
(3) the location and extent of any significant cultural or
other values within the study area.
(c) Recommendations.--The study referred to in subsection (b) shall
include both legislative and regulatory recommendations to Congress on
the future management of the study area. In formulating such
recommendations, the Secretary shall consult with the City of Portland
and other affected parties.
(d) Existing Data and Processes.--To the greatest extent possible,
the Secretary shall use exiting data and processes to carry out the
study and report.
(e) Submission to Congress.--The study referred to in subsection (b)
shall be submitted to the Senate Committees on Energy and Natural
Resources and Agriculture and the House Committees on Resources and
Agriculture not later than one year from the date of enactment of this
section.
(f) Moratorium.--The Secretary is prohibited from advertising,
offering or awarding any timber sale within the study area for a period
of two years after the date of enactment of this section.
[[Page 110 STAT. 4230]]
(g) Water Rights.--Nothing in this section shall in any way affect
any State or Federal law governing appropriation, use of or Federal
right to water on or flowing through National Forest System lands.
Nothing in this section is intended to influence the relative strength
of competing claims to the waters of the Little Sandy River. Nothing in
this section shall be construed to expand or diminish Federal, State, or
local jurisdiction,
responsibility, interests, or rights in water resources development or
control, including rights in and current uses of water resources in the
unit.
(h) Other Lands in Unit.--Lands within the Bull Run Management Unit,
as defined in Public Law 95-200, but not
contained within the Bull Run River Drainage, as described in the
amendment made by subsection (a)(4) of this section and as depicted on
the map dated July 22, 1996, and entitled ``Bull Run River Drainage'',
shall continue to be managed in accordance with Public Law 95-200.
<<NOTE: 16 USC 1132 note.>> SEC. 1027. OREGON ISLANDS WILDERNESS,
ADDITIONS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act of 1964, certain lands within the boundaries of the Oregon Islands
National Wildlife Refuge, Oregon, comprising approximately 95 acres and
as generally depicted on a map entitled ``Oregon Island Wilderness
Additions--Proposed'' dated August 1996, are hereby designated as
wilderness. The map shall be on file and available for public inspection
in the offices of the Fish and Wildlife Service, Department of Interior.
(b) Other Areas Within Refuge Boundaries.--All other
federally-owned named, unnamed, surveyed and unsurveyed rocks, reefs,
islets and islands lying within three geographic miles off the coast of
Oregon and above mean high tide, not currently designated as wilderness
and also within the Oregon Islands National Wildlife Refuge boundaries
under the administration of the United States Fish and Wildlife Service,
Department of Interior, as designated by Executive Order 7035,
Proclamation 2416, Public Land Orders 4395, 4475 and 6287, and Public
Laws 91-504 and 95-450, are hereby designated as wilderness.
(c) Areas Under BLM Jurisdiction.--All federally-owned named,
unnamed, surveyed and unsurveyed rocks, reefs, islets and islands lying
within three geographic miles off the coast of Oregon and above mean
high tide, and presently under the jurisdiction of the Bureau of Land
Management, except Chiefs Islands, are hereby designated as wilderness,
shall become part of the Oregon Islands National Wildlife Refuge and the
Oregon Islands Wilderness and shall be under the jurisdiction of the
United States Fish and Wildlife Service, Department of the Interior.
(d) Map and Description.--As soon as practicable after this Act
takes effect, a map of the wilderness area and a description of its
boundaries shall be filed with the Senate Committee on Energy and
Natural Resources and the House Committee on Resources, and such map
shall have the same force and effect as if included in this section:
Provided however, That correcting clerical and typographical errors in
the map and land descriptions may be made.
(e) Order 6287.--Public Land Order 6287 of June 16, 1982, which
withdrew certain rocks, reefs, islets, and islands lying within three
geographical miles off the coast of Oregon and above mean
[[Page 110 STAT. 4231]]
high tide, including the 95 acres described in subsection (a), as an
addition to the Oregon Islands National Wildlife Refuge is hereby made
permanent.
SEC. 1028. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND DIRECTION.
(a) In General.--The Secretaries of the Interior and
Agriculture (Secretaries) are hereby authorized and directed to
consult, coordinate and cooperate with the Umpqua Land Exchange Project
(ULEP), affected units and agencies of State and local government, and,
as appropriate, the World Forestry Center and National Fish and Wildlife
Foundation, to assist ULEP's ongoing efforts in studying and analyzing
land exchange opportunities in the Umpqua River basin and to provide
scientific, technical, research, mapping and other assistance and
information to such entities. Such consultation, coordination and
cooperation shall at a minimum include, but not be limited to--
(1) working with ULEP to develop or assemble comprehensive
scientific and other information (including comprehensive and
integrated mapping) concerning the Umpqua River basin's
resources of forest, plants, wildlife, fisheries (anadromous and
other), recreational opportunities, wetlands, riparian habitat
and other physical or natural resources;
(2) working with ULEP to identify general or specific areas
within the basin where land exchanges could promote
consolidation of forestland ownership for long-term, sustained
timber production; protection and restoration of habitat for
plants, fish and wildlife (including any federally listed
threatened or endangered species); protection of drinking water
supplies; recovery of threatened and endangered species;
protection and restoration of wetlands, riparian lands and other
environmentally sensitive areas; consolidation of land ownership
for improved public access and a broad array of recreational
uses; and consolidation of land ownership to achieve management
efficiency and reduced costs of administration; and
<<NOTE: Reports.>> (3) developing a joint report for
submission to the Congress which discusses land exchange
opportunities in the basin and outlines either a specific land
exchange proposal or proposals which may merit consideration by
the Secretaries or the
Congress, or ideas and recommendations for new authorizations,
direction, or changes in existing law or policy to expedite and
facilitate the consummation of beneficial land exchanges in the
basin via administrative means.
(b) Matters for Specific Study.--In analyzing land exchange
opportunities with ULEP, the Secretaries shall give priority to
assisting ULEP's ongoing efforts in:
(1) studying, identifying, and mapping areas where the
consolidation of land ownership via land
exchanges could
promote the goals of long term species and watershed protection and
utilization, including but not limited to the goals of the Endangered
Species Act of 1973 more effectively than current land ownership
patterns and whether any changes in law or policy applicable to such
lands after consummation of an exchange would be advisable or necessary
to achieve such goals;
(2) studying, identifying and mapping areas where land
exchanges might be utilized to better satisfy the goals of
sustainable timber harvest, including studying whether changes
[[Page 110 STAT. 4232]]
in existing law or policy applicable to such lands after
consummation of an exchange would be advisable or necessary to
achieve such goals;
(3) identifying issues and studying options and
alternatives, including possible changes in existing law or
policy, to ensure that combined post-exchange revenues to units
of local government from State and local property, severance and
other taxes or levies and shared Federal land receipts will
approximate pre-exchange revenues;
(4) identifying issues and studying whether possible changes
in law, special appraisal instruction, or changes in certain
Federal appraisal procedures might be advisable or necessary to
facilitate the appraisal of potential exchange lands which may
have special characteristics or restrictions affecting land
values;
(5) identifying issues and studying options and
alternatives, including changes in existing laws or policy, for
achieving land exchanges without reducing the net supply of
timber available to small businesses;
(6) identifying, mapping, and recommending potential changes
in land use plans, land classifications, or other actions which
might be advisable or necessary to expedite, facilitate or
consummate land exchanges in certain areas;
(7) analyzing potential sources for new or enhanced
Federal, State, or other funding to promote improved resource
protection, species recovery, and management in the basin; and
(8) identifying and analyzing whether increased efficiency
and better land and resource management could occur through
either consolidation of Federal forest management under one
agency or exchange of lands between the Forest Service and
Bureau of Land Management.
(c) Report to Congress.--No later than February 1, 1998, ULEP and
the Secretaries shall submit a joint report to the
Committee on Resources of the United States House of Representatives and
to the Committee on Energy and Natural Resources of the United States
Senate concerning their studies, findings, recommendations, mapping and
other activities conducted pursuant to this section.
(d) Authorization of Appropriations.--In furtherance of the purposes
of this section, there is hereby authorized to be appropriated the sum
of $2,000,000, to remain available until expended.
<<NOTE: Massachusetts. 16 USC 460kkk.>> SEC. 1029. BOSTON HARBOR ISLANDS
RECREATION AREA.
(a) Purposes.--The purposes of this section are--
(1) to preserve for public use and enjoyment the lands and
waters that comprise the Boston Harbor Islands National
Recreation Area;
(2) to manage the recreation area in partnership with the
private sector, the Commonwealth of Massachusetts,
municipalities surrounding Massachusetts and Cape Cod Bays, the
Thompson Island Outward Bound Education Center, and
Trustees of Reservations, and with historical, business,
cultural, civic, recreational and tourism organizations;
(3) to improve access to the Boston Harbor Islands through
the use of public water transportation; and
[[Page 110 STAT. 4233]]
(4) to provide education and visitor information programs to
increase public understanding of and appreciation for the
natural and cultural resources of the Boston Harbor Islands,
including the history of Native American use and involvement.
(b) Definitions.--For the purposes of this section--
(1) the term recreation area means the Boston Harbor Islands
National Recreation Area established by subsection (c); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(c) Boston Harbor Islands National Recreation Area.--
(1) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national
recreation area certain lands located in Massachusetts Bay,
there is established as a unit of the National Park System the
Boston Harbor Islands National Recreation Area.
(2) Boundaries.--(A) The recreation area shall be
comprised of the lands, waters, and submerged lands generally
depicted on the map entitled ``Proposed Boston Harbor Islands
NRA'', numbered BOHA 80,002, and dated September 1996. Such map
shall be on file and available for public inspection in the
appropriate offices of the National Park Service. After advising
the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate, in
writing, the Secretary may make minor revisions of the
boundaries of the recreation area when necessary by publication
of a revised drawing or other boundary description in the
Federal Register.
(B) The recreation area shall include the following:
(i) The areas depicted on the map reference in
subparagraph (A).
(ii) Landside points required for access, visitor
services, and administration in the city of Boston along
its Harborwalk and at Long Wharf, Fan Pier, John F.
Kennedy Library, and the Custom House; Charlestown Navy
Yard; Old Northern Avenue Bridge; the city of Quincy at
Squantum Point/Marina Bay, the Fore River Shipyard, and
Town River; the Town of Hingham at Hewitt's Cove; the
Town of Hull; the city of Salem at Salem National
Historic Site; and the city of Lynn at the Heritage
State Park.
(d) Administration of Recreation Area.--
(1) In general.--The recreation area shall be administered
in partnership by the Secretary, the Commonwealth of
Massachusetts, City of Boston and its applicable subdivisions
and others in accordance with the provisions of law generally
applicable to units of the National Park System, including the
Act 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, 2, 3, and 4), and the Act of August 21, 1935 (49 Stat.
666; 16 U.S.C. 461-467) as amended and supplemented and in
accordance with the integrated management plan specified in
subsection (f).
(2) State and local jurisdiction.--Nothing in this section
shall be construed to diminish, enlarge, or modify any right of
the Commonwealth of Massachusetts or any political subdivision
thereof, to exercise civil and criminal jurisdiction or to carry
out State laws, rules, and regulations within the
[[Page 110 STAT. 4234]]
recreation area, including those relating to fish and wildlife,
or to tax persons, corporations, franchises, or private property
on the lands and waters included in the recreation area.
(3) Cooperative agreements.--The Secretary may consult and
enter into cooperative agreements with the Commonwealth of
Massachusetts or its political subdivisions to acquire from and
provide to the Commonwealth or its political subdivisions goods
and services to be used in the cooperative management of lands
within the recreation area, if the Secretary determines that
appropriations for that purpose are available and the agreement
is in the best interest of the United States.
(4) Construction of facilities on non-federal lands.--In
order to facilitate the administration of the recreation area,
the Secretary is authorized, subject to the appropriation of
necessary funds in advance, to construct essential
administrative or visitor use facilities on non-Federal public
lands within the recreation area. Such facilities and the use
thereof shall be in conformance with applicable plans
(5) Other property, funds, and services.--The Secretary may
accept and use donated funds, property, and services to carry
out this section.
(6) Relationship of recreation area to boston-logan
international airport.--With respect to the recreation area, the
present and future maintenance, operation, improvement and use
of Boston-Logan International Airport and associated flight
patterns from time to time in effect shall not be deemed to
constitute the use of publicly owned land of a public park,
recreation area, or other resource within the meaning of section
303(c) of title 49, United States Code, and shall not be deemed
to have a significant effect on natural, scenic, and recreation
assets within the meaning of section 47101(h)(2) of title 49,
United States Code.
(7) Management in accordance with integrated management
plan.--The Secretary shall preserve, interpret, manage, and
provide educational and recreational uses for the recreation
area, in consultation with the owners and managers of lands in
the recreation area, in accordance with the integrated
management plan.
(e) Boston Harbor Islands Partnership Establishment.--
(1) Establishment.--There is hereby established the
Boston Harbor Islands Partnership whose purpose shall be to
coordinate the activities of Federal, State, and local
authorities and the private sector in the development and
implementation of an integrated resource management plan for the
recreation area.
(2) Membership.--The Partnership shall be composed of 13
members, as follows:
(A) One individual, appointed by the Secretary, to
represent the National Park Service.
(B) One individual, appointed by the Secretary of
Transportation, to represent the United States Coast
Guard.
(C) Two individuals, appointed by the Secretary,
after consideration of recommendations by the Governor
of Massachusetts, to represent the Department of
Environmental Management and the Metropolitan District
Commission.
[[Page 110 STAT. 4235]]
(D) One individual, appointed by the Secretary,
after consideration of recommendations by the Chair, to
represent the Massachusetts Port Authority.
(E) One individual, appointed by the Secretary,
after consideration of recommendations by the Chair, to
represent the Massachusetts Water Resources Authority.
(F) One individual, appointed by the Secretary,
after consideration of recommendations by the Mayor of
Boston, to represent the Office of Environmental
Services of the City of Boston.
(G) One individual, appointed by the Secretary,
after consideration of recommendations by the Chair, to
represent the Boston Redevelopment Authority.
(H) One individual, appointed by the Secretary,
after consideration of recommendations of the President
of the Thompson Island Outward Bound Education Center,
to represent the Center.
(I) One individual, appointed by the Secretary,
after consideration of recommendations of the Chair, to
represent the Trustees of Reservations.
(J) One individual, appointed by the Secretary,
after consideration of recommendations of the President
of the Island Alliance, to represent the Alliance, a
nonprofit organization whose sole purpose is to provide
financial support for the Boston Harbor Islands National
Recreation Area.
(K) Two individuals, appointed by the Secretary, to
represent the Boston Harbor Islands Advisory Council,
established in subsection (g).
(3) Terms of office; reappointment.--(A) Members of the
Partnership shall serve for terms of three years. Any
member may be reappointed for one additional 3-year term.
(B) The Secretary shall appoint the first members of the
Partnership within 30 days after the date on which the
Secretary has received all of the recommendations for
appointment pursuant to subsections (b) (3), (4), (5), (6), (7),
(8), (9), and (10).
(C) A member may serve after the expiration of his or her
term until a successor has been appointed.
(4) Compensation.--Members of the Partnership shall serve
without pay, but while away from their homes or regular places
of business in the performance of services for the Partnership,
members shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703 of title 5, United States Code.
(5) Election of officers.--The Partnership shall elect one
of its members as Chairperson and one as Vice Chairperson. The
term of office of the Chairperson and Vice Chairperson shall be
one year. The Vice Chairperson shall serve as chairperson in the
absence of the Chairperson.
(6) Vacancy.--Any vacancy on the Partnership shall be filled
in the same manner in which the original appointment was made.
(7) Meetings.--The Partnership shall meet at the call of the
Chairperson or a majority of its members.
[[Page 110 STAT. 4236]]
(8) Quorum.--A majority of the Partnership shall
constitute a quorum.
(9) Staff of the partnership.--The Secretary shall
provide the Partnership with such staff and technical assistance
as the Secretary, after consultation with the Partnership,
considers appropriate to enable the Partnership to carry out its
duties. The Secretary may accept the services of personnel
detailed from the Commonwealth of Massachusetts, any political
subdivision of the Commonwealth or any entity represented on the
Partnership.
(10) Hearings.--The Partnership may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Partnership may deem
appropriate.
(11) Donations.--Nothwithstanding any other provision of
law, the Partnership may seek and accept donations of funds,
property, or services from individuals, foundations,
corporations, and other private and public entities for the
purpose of carrying out this section.
(12) Use of funds to obtain money.--The Partnership may use
its funds to obtain money from any source under any program or
law requiring the recipient of such money to make a contribution
in order to receive such money.
(13) Mails.--The Partnership may use the United States mails
in the same manner and upon the same conditions as other
departments and agencies of the United States.
(14) Obtaining property.--The Partnership may obtain by
purchase, rental, donation, or otherwise, such property,
facilities, and services as may be needed to carry out its
duties, except that the Partnership may not acquire any real
property or interest in real property.
(15) Cooperative agreements.--For purposes of carrying out
the plan described in subsection (f), the Partnership may enter
into cooperative agreements with the Commonwealth of
Massachusetts, any political subdivision thereof, or with any
organization or person.
(f) Integrated Resource Management Plan.--
(1) In general.--Within three years after the date of
enactment of this Act, the Partnership shall submit to the
Secretary a management plan for the recreation area to be
developed and implemented by the Partnership.
(2) Contents of plan.--The plan shall include (but not be
limited to) each of the following:
(A) A program providing for coordinated
administration of the recreation area with proposed
assignment of
responsibilities to the appropriate governmental unit at
the Federal, State, and local levels, and nonprofit
organizations, including each of the following:
(i) A plan to finance and support the public
improvements and services recommended in the plan,
including allocation of non-Federal matching
requirements set forth in subsection (h)(2) and a
delineation of profit sector roles and
responsibilities.
(ii) A program for the coordination and
consolidation, to the extent feasible, of
activities that may be carried out by Federal,
State, and local agencies having jurisdiction over
land and waters within the recreation
[[Page 110 STAT. 4237]]
area, including planning and regulatory
responsibilities.
(B) Policies and programs for the following
purposes:
(i) Enhancing public outdoor recreational
opportunities in the recreation area.
(ii) Conserving, protecting, and maintaining
the scenic, historical, cultural, natural and
scientific values of the islands.
(iii) Developing educational opportunities in
the recreation area.
(iv) Enhancing public access to the Islands,
including development of transportation networks.
(v) Identifying potential sources of revenue
from programs or activities carried out within the
recreation area.
(vi) Protecting and preserving Native American
burial grounds connected with the King Philip's
War internment period and other periods.
(C) A policy statement that recognizes existing
economic activities within the recreation area.
(3) Development of plan.--In developing the plan, the
Partnership shall--
(A) consult on a regular basis with appropriate
officials of any local government or Federal or State
agency which has jurisdiction over lands and waters
within the recreation area;
(B) consult with interested conservation, business,
professional, and citizen organizations; and
(C) conduct public hearings or meetings for the
purposes of providing interested persons with the
opportunity to testify with respect to matters to be
addressed by the plan.
(4) Approval of plan.--(A) The Partnership shall submit the
plan to the Governor of Massachusetts for review. The Governor
shall have 90 days to review and make any
recommendations. After considering the Governor's
recommendations, the Partnership shall submit the plan to the
Secretary, who shall approve or disapprove the plan within 90
days. In reviewing the plan the Secretary shall consider each of
the following:
(i) The adequacy of public participation.
(ii) Assurances of plan implementation from State
and local officials.
(iii) The adequacy of regulatory and financial tools
that are in place to implement the plan.
(B) If the Secretary disapproves the plan, the Secretary
shall within 60 days after the date of such disapproval, advise
the Partnership in writing of the reasons therefore, together
with recommendations for revision. Within 90 days of receipt of
such notice of disapproval, the Partnership shall revise and
resubmit the plan to the Secretary who shall approve or
disapprove the revision within 60 days.
(5) Interim program.--Prior to adoption of the Partnership's
plan, the Secretary and the Partnership shall assist the owners
and managers of lands and waters within the
recreation area to ensure that existing programs, services, and
[[Page 110 STAT. 4238]]
activities that promote the purposes of this section are
supported.
(g) Boston Harbor Islands Advisory Council.--
(1) Establishment.--The Secretary, acting through the
Director of the National Park Service, shall establish an
advisory committee to be known as the Boston Harbor Islands
Advisory Council. The purpose of the Advisory Council shall be
to represent various groups with interests in the recreation
area and make recommendations to the Boston Harbor Islands
Partnership on issues related to the development and
implementation of the integrated resource management plan
developed under subsection (f). The Advisory Council is
encouraged to establish committees relating to specific
recreation area management issues, including (but not limited
to) education, tourism, transportation, natural resources,
cultural and historic resources, and revenue raising activities.
Participation on any such committee shall not be limited to
members of the Advisory Council.
(2) Membership.--The Advisory Council shall consist of not
fewer than 18 individuals, to be appointed by the Secretary,
acting through the Director of the National Park Service. The
Secretary shall appoint no fewer than three individuals to
represent each of the following categories of entities:
municipalities; educational and cultural institutions;
environmental organizations; business and commercial entities,
including those related to transportation, tourism and the
maritime industry; and Boston Harbor-related advocacy
organizations; and organizations representing Native American
interests.
(3) Procedures.--Each meeting of the Advisory Council and
its committees shall be open to the public.
(4) FACA.--The provisions of section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), are hereby waived with
respect to the Advisory Council.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section,
provided that no funds may be appropriated for land acquisition.
(2) Matching requirement.--Amounts appropriated in any
fiscal year to carry out this section may only be expended on a
matching basis in a ration of at least three non-Federal dollars
to every Federal dollar. The non-Federal share of the match may
be in the form of cash, services, or in-kind contributions,
fairly valued.
<<NOTE: Mississippi.>> SEC. 1030. NATCHEZ NATIONAL HISTORICAL PARK.
Section 3 of the Act of October 8, 1988, entitled ``An Act to create
a national park at Natchez, <<NOTE: 16 USC 410oo-2.>> Mississippi'' (16
U.S.C. 410oo et seq.), is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 3.'';
and
(2) by adding at the end the following:
``(b) Building for Joint Use by the Secretary and the City of
Natchez.--
``(1) Contribution toward construction.--The Secretary may
enter into an agreement with the City of Natchez under which the
Secretary agrees to pay not to exceed $3,000,000 toward the
planning and construction by the City of Natchez
[[Page 110 STAT. 4239]]
of a structure to be partially used by the Secretary as an
administrative headquarters, administrative site, and visitors'
center for Natchez National Historical Park.
``(2) Use for satisfaction of matching requirements.--The
amount of payment under paragraph (1) may be available for
matching Federal grants authorized under other law
notwithstanding any limitations in any such law.
``(3) Agreement.--Prior to the execution of an agreement
under paragraph (1), and subject to the appropriation of
necessary funds in advance, the Secretary may enter into a
contract, lease, cooperative agreement, or other appropriate
form of agreement with the City of Natchez providing for the use
and occupancy of a portion of the structure constructed under
paragraph (1) (including appropriate use of the land on which it
is situated), at no cost to the Secretary (except maintenance,
utility, and other operational costs), for a period of 50 years,
with an option for renewal by the Secretary for an additional 50
years.
``(4) Authorization of appropriations.--There is
authorized to be appropriated $3,000,000 to carry out this
subsection.''.
<<NOTE: California.>> SEC. 1031. SUBSTITUTION OF TIMBER FOR CANCELED
TIMBER SALE.
(a) In General.--Notwithstanding the provisions of the Act of July
31, 1947 (30 U.S.C. 601 et seq.), and the requirements of section
5402.0-6 of title 43, Code of Federal Regulations, the Secretary of the
Interior, acting through the Bureau of Land Management, is authorized to
substitute, without competition, a contract for timber identified for
harvest located on public lands administered by the Bureau of Land
Management in the State of California of comparable value for the
following terminated
timber contract: Elkhorn Ridge Timber Sale, Contract No.
CA-050-TS-88-01.
(b) Disclaimer.--Nothing in this section shall be construed as
changing any law or policy of the Federal Government beyond the timber
sale substitution specified in this section.
SEC. 1032. RURAL ELECTRIC AND TELEPHONE FACILITIES.
(a) In General.--Section 504(g) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1764(g)) is amended by striking
``financed pursuant to the Rural Electrification Act of 1936, as
amended,'' in the last sentence and inserting ``eligible for financing
pursuant to the Rural Electrification Act of 1936, as amended,
determined without regard to any application requirement under that
Act,''.
<<NOTE: Applicability. 43 USC 1764 note.>> (b) Effective Date.--The
amendment made by subsection (a) shall apply with respect to rights-of-
way leases held on or after the date of enactment of this Act.
SEC. 1033. FEDERAL BOROUGH RECOGNITION.
(a) Section 6901(2) of title 31, United States Code, is amended to
read as follows:
``(2)(A) `unit of general local government' means--
``(i) a county (or parish), township, borough, or
city where the city is independent of any other unit of
general local government, that--
``(I) is within the class or classes of such
political subdivision in a State that the
Secretary of the Interior,
[[Page 110 STAT. 4240]]
in his discretion, determines to be the principal
provider or providers of governmental services
within the State; and
``(II) is a unit of general government, as
determined by the Secretary of the Interior on the
basis of the same principles as were used by the
Secretary of
Commerce on January 1, 1983, for general
statistical purposes;
``(ii) any area in Alaska that is within the
boundaries of a census area used by the Secretary of
Commerce in the decennial census, but that is not
included within the boundary of a governmental entity
described under
clause (i);
``(iii) the District of Columbia;
``(iv) the Commonwealth of Puerto Rico;
``(v) Guam; and
``(vi) the Virgin Islands.
``(B) the term `governmental services' includes, but is not
limited to, those services that relate to public safety, the
environment, housing, social services, transportation, and
governmental administration.''.
(b) Payment in Lieu of Taxes.--Section 6902(a) of title 31, United
States Code, is amended to read as follows:
``(a)(1) Except as provided in paragraph (2), the Secretary of the
Interior shall make a payment for each fiscal year to each unit of
general local government in which entitlement land is located as set
forth in this chapter. A unit of general local government may use the
payment for any governmental purpose.
<<NOTE: Alaska.>> ``(2) For each unit of general local government
described in section 6901(2)(A)(ii), the Secretary of the Interior shall
make a payment for each fiscal year to the State of Alaska for
entitlement land located within such unit as set forth in this chapter.
The State of Alaska shall distribute such payment to home rule cities
and general law cities (as such cities are defined by the State) located
within the boundaries of the unit of general local government for which
the payment was received. Such cities may use monies received under this
paragraph for any governmental
purpose.''.
SEC. 1034. EXTENSION OF STATUTE OF LIMITATIONS.
Notwithstanding any other provision of law, any of the Alaska Native
Village Corporations of Tyonek Native Corporation, Ninilchik Native
Association, Inc., Knikatnu Inc., Seldovia Native Association, Inc.,
Chikaloon Moose Creek Native Association, Inc., and the Alaska Native
Regional Corporation, Cook Inlet Region, Inc. may commence litigation at
any time within 12 months of enactment of this Act in Federal District
Court for Alaska to challenge any determination by the Department of the
Interior that such native corporations will not receive conveyance of
lands described in ``Appendix C'' of the Deficiency Agreement dated
August 31, 1976.
SEC. 1035. REGULATIONS OF FISHING IN CERTAIN WATERS OF ALASKA.
(a) In General.--Local residents who are descendants of Katmai
residents who lived in the Naknek Lake and River Drainage shall be
permitted, subject to reasonable regulations established by the
Secretary of the Interior, to continue their traditional fishery for red
fish within Katmai National Park (the national park and
[[Page 110 STAT. 4241]]
national preserve redesignated, established, and expanded under section
202(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C.
410hh-1)).
(b) Red Fish Defined.--For the purposes of subsection (a), the term
``red fish'' means spawned-out sockeye salmon that has no significant
commercial value.
(c) Title.--No provision of this section shall be construed to
invalidate or validate or in any other way affect any claim by the State
of Alaska to title to any or all submerged lands, nor shall any actions
taken pursuant to or in accordance with this Act operate under any
provision or principle of the law to bar the State of Alaska from
asserting at any time its claim of title to any or all of the submerged
lands.
(d) Jurisdiction.--Nothing in this section nor in any actions taken
pursuant to this section shall be construed as expanding or diminishing
Federal or State jurisdiction, responsibility, interests, or rights in
management, regulation, or control over waters of the State of Alaska or
submerged lands under any provision of Federal or State law.
SEC. 1036. CREDIT FOR RECONVEYANCE.
Within 24 months after the date of the enactment of this Act, the
Cape Fox Corporation may transfer all or part of its right, title, and
interest in and to the approximately 320-acre parcel that includes
Beaver Falls Hydroelectric power-house site to the United States as part
of an equal value exchange.
SEC. 1037. RADIO SITE REPORT.
The Secretary of Agriculture (1) shall have a period of 180 days
from the date of enactment of this Act to review management of
Inspiration Point, San Bernadino National Forest, make determination
whether the continued presence of the KATY-FM antenna on the site is in
the public interest, and report the determination with the reasons
therefor to the Committee on Energy and Natural Resources, United States
Senate, and the Committee on Resources, House of Representatives, and
(2) shall take no action within such period which causes or results in,
directly or indirectly, the removal of the antenna from the site.
TITLE XI--CALIFORNIA BAY DELTA ENVIRONMENTAL ENHANCEMENT
SEC. 1101. PROGRAM FUNDING.
(a) Authorization of Appropriations.--For each of the fiscal years
1998, 1999, and 2000, there are authorized to be appropriated an
additional $143,300,000 for both--
(1) the initial Federal share of the cost of developing and
implementing that portion of an ecosystem protection plan for
the Bay-Delta, referred to as ``the Category III program''
emanating out of the document entitled ``Principles for
Agreement on Bay-Delta Standards between the State of California
and the Federal Government'', dated December 15, 1994, and
(2) the initial Federal share of the cost of developing and
implementing the ecosystem restoration elements of the long-term
CALFED Bay-Delta Program, pursuant to the cost
sharing agreement required by section 78684.10 of
[[Page 110 STAT. 4242]]
California Senate Bill 900, Chapter 135, Statutes of 1996,
signed by the Governor of California on July 11, 1996.
Funds appropriated pursuant to this section shall remain available until
expended and shall be administered in accordance with procedures
established by CALFED Bay-Delta Program until Congress authorizes
another entity that is recommended by CALFED
Bay-Delta Program to carry out this section.
(b) Treatment of Funds.--Funds authorized to be appropriated
pursuant to this section to those agencies that are currently or
subsequently become participants in the CALFED Bay-Delta Program shall
be in addition to the baseline funding levels established pursuant to
subsection (e), for currently authorized projects and programs under the
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575) and other currently authorized Federal programs for the purpose of
Bay-Delta ecosystem protection and restoration.
(c) Long-Term Solution.--Nothing in this section shall be deemed to
diminish the Federal interest in and responsibility for working with the
State of California through the CALFED
Bay-Delta Program in developing, funding, and implementing a balanced,
long-term solution to the problems of ecosystem quality, water quality,
water supply and reliability, and system vulnerability affecting the San
Francisco Bay/Sacramento-San Joaquin Delta Watershed in California.
Participation in such long-term solution shall only be undertaken
pursuant to authorization provided by law other than this section, and
shall be based on the equitable allocation of program costs among
beneficiary groups that the CALFED Bay-Delta programs shall develop.
(d) Activities.--To the extent not otherwise authorized, those
agencies and departments that are currently or subsequently become
participants in the CALFED Bay-Delta Program are hereby authorized to
undertake the activities and programs for which Federal cost sharing is
provided by this section. The United States shall immediately initiate
coordinated consultations and
negotiations with the State of California to expeditiously execute the
cost-sharing agreement required by section 78684.10 of California Senate
Bill 900, Chapter 135, Statutes of 1996, signed by the Governor of
California on July 11, 1996. Such activities shall include, but not be
limited to, planning, design, technical assistance, and construction for
ecosystem restoration programs and projects.
(e) Budget Crosscut.--The Office of Management and Budget is
directed to submit to the House and Senate Committees on Appropriations,
as part of the President's Fiscal Year 1998 Budget, an interagency
budget crosscut that displays Federal spending for fiscal years 1993
through 1998 on ecosystem restoration and other purposes in the Bay-
Delta region, separately showing funding
provided previously or requested under both pre-existing authorities and
new authorities granted by this section.
(f) Effective Date.--Subsections (a) through (d) of this section
shall take effect on the date of passage of California State Proposition
204.
[[Page 110 STAT. 4243]]
DIVISION II
<<NOTE: National Coal Heritage Area Act of 1996. West Virginia. 16 USC
461 note.>> TITLE I--NATIONAL COAL HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Coal Heritage Area Act of
1996''.
SEC. 102. FINDINGS.
(a) Findings.--The Congress finds as follows:
(1) Certain events that led to the development of southern
West Virginia's coalfields during the latter part of the 19th
Century and the early part of the current century are of
national historic and cultural significance in terms of their
contribution to the industrialization of the United States, the
organization of workers into trade unions, and the unique
culture of the Appalachian Region.
(2) It is in the national interest to preserve and protect
physical remnants of this era for the education and benefit of
present and future generations.
(3) There is a need to provide assistance for the
preservation and promotion of those vestiges of southern West
Virginia's coal heritage which have outstanding cultural,
historic, and architectural value.
SEC. 103. ESTABLISHMENT.
(a) In General.--For the purpose of preserving and interpreting for
the educational and inspirational benefit of present and future
generations certain lands and structures with unique and significant
historic and cultural value associated with the coal mining heritage of
the State of West Virginia and the Nation, there is hereby established
the National Coal Heritage Area (hereafter in this title referred to as
the ``Area'').
(b) Boundaries.--The Area shall be comprised of the counties in the
State of West Virginia that are the subject of the study by the National
Park Service, dated 1993, entitled ``A Coal Mining Heritage Study:
Southern West Virginia'' conducted pursuant to title VI of Public Law
100-699.
(c) Administration.--The Area shall be administered in accordance
with this title.
SEC. 104. CONTRACTUAL AGREEMENT.
The Secretary of the Interior (hereafter in this title referred to
as the ``Secretary'') is authorized to enter into a contractual
agreement with the Governor of the State of West Virginia, acting
through the Division of Culture and History and the Division of Tourism
and Parks, pursuant to which the Secretary shall assist the State of
West Virginia, its units of local government, and nonprofit
organizations in each of the following:
(1) The development and implementation of integrated
cultural, historical, and land resource management policies and
programs in order to retain, enhance, and interpret the
significant values of the lands, water, and structures of the
Area.
(2) The preservation, restoration, maintenance, operation,
interpretation, and promotion of buildings, structures,
facilities,
[[Page 110 STAT. 4244]]
sites, and points of interest for public use that possess
cultural, historical, and architectural values associated with
the coal mining heritage of the Area.
(3) The coordination of activities by Federal, State, and
local governments and private businesses and organizations in
order to further historic preservation and compatible
economic revitalization.
(4) The development of guidelines and standards for
projects, consistent with standards established by the National
Park Service, for the preservation and restoration of historic
properties, including interpretative methods, that will further
history preservation in the region.
SEC. 105. ELIGIBLE RESOURCES.
The resources eligible for the assistance under paragraphs (2) and
(5) of section 104 shall include those set forth in appendix D of the
study by the National Park Service, dated 1993, entitled ``A Coal Mining
Heritage Study: Southern West Virginia'', conducted pursuant to title VI
of Public Law 100-699. Priority consideration shall be given to those
sites listed as ``Conservation Priorities'' and ``Important Historic
Resources'' as depicted on the map entitled ``Study Area: Historic
Resources'' in such study.
SEC. 106. COAL HERITAGE MANAGEMENT PLAN.
(a) In General.--Pursuant to the contractual agreement referred to
in section 104, within three years after the date of enactment of this
title, the Governor of the State of West Virginia, acting through the
Division of Culture and History and the Division of Tourism and Parks,
shall submit to the Secretary a Coal Heritage Management Plan for the
Area. The plan shall at a minimum--
(1) set forth the integrated cultural, historical, and land
resource management policies and programs referred to in
section 104;
(2) describe the guidelines and standards for projects
referred to in section 104; and
(3) set forth the responsibilities of the State of West
Virginia, units of local government, nonprofit entities, or
Secretary to administer any properties acquired pursuant to
section 104.
(b) Plan Approval.--The Secretary shall approve the plan submitted
under subsection (a) unless he determines that it would meet the
objectives of this title.
SEC. 107. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, 2012.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) In General--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Area under this title.
(b) 50 Percent Match.--Federal funding provided under this title may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this title.
[[Page 110 STAT. 4245]]
TITLE <<NOTE: 16 USC 461 note.>> II--TENNESSEE CIVIL WAR
HERITAGE AREA
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are situated in the State of Tennessee the sites
of several key Civil War battles, campaigns, and engagements;
(2) certain sites, battlefields, structures, and areas in
Tennessee are collectively of national significance in the
history of the Civil War;
(3) the Civil War Sites Advisory Commission, established by
Congress in 1991, identified 38 sites in Tennessee as
significant;
(4) the preservation and interpretation of these sites will
make an important contribution to the understanding of the
heritage of the United States;
(5) the preservation of Civil War sites within a regional
framework requires cooperation among local property owners and
Federal, State, and local government entities; and
(6) partnerships between Federal, State, and local
governments and their regional entities, and the private sector,
offer the most effective opportunities for the enhancement and
management of the Civil War battlefields and related sites
located in Tennessee.
(b) Purposes.--The purposes of this title are--
(1) to preserve, conserve, and interpret the legacy of the
Civil War in Tennessee;
(2) to recognize and interpret important events and
geographic locations representing key Civil War battles,
campaigns, and engagements in Tennessee;
(3) to recognize and interpret the effect of the Civil War
on the civilian population of Tennessee during the war and
postwar reconstruction period; and
(4) to create partnerships among Federal, State, and local
governments and their regional entities, and the private sector
to preserve, conserve, enhance, and interpret the battlefields
and associated sites associated with the Civil War in Tennessee.
SEC. 202. DEFINITIONS.
For purposes of this title:
(1) The term ``national heritage area'' means the Tennessee
Civil War Heritage Area as designated pursuant to section 203.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``compact'' means the compact approved under
section 204.
(4) The term ``management plan'' means the management plan
submitted under section 205.
SEC. 203. TENNESSEE CIVIL WAR HERITAGE AREA.
<<NOTE: Federal Register, publication.>> (a) Designation.--Upon
publication by the Secretary in the Federal Register of notice that a
compact regarding the Tennessee Civil War Heritage Area has been
approved by the Secretary in accordance with this title, there is hereby
designated the Tennessee Civil War Heritage Area.
[[Page 110 STAT. 4246]]
(b) Boundaries.--The Tennessee Civil War Heritage Area shall be
comprised of areas of the State of Tennessee depicted on the map
entitled ``Tennessee Civil War Heritage Area''. The map shall be on file
and available for public inspection in the office of the Director of the
National Park Service.
(c) Administration.--The national heritage area shall be
administrated in accordance with the compact and the management plan.
SEC. 204. COMPACT.
(a) Compact.--The compact referred to in section 203(a) shall
include information relating to the objectives and management of the
area proposed for designation as the national heritage area. Such
information shall include (but not be limited to) each of the following:
(1) A delineation of the boundaries of the proposed national
heritage area.
(2) A discussion of the goals and objectives of the proposed
national heritage area, including an explanation of the approach
proposed by the partners referred to in paragraph (4), to
conservation and interpretation of resources.
(3) An identification and description of the management
entity that will administer the proposed national heritage area.
(4) A list of the initial partners to be involved in
developing and implementing the management plan for the proposed
national heritage area, and a statement of the financial
commitment of the partners.
(5) A description of the role of the State of Tennessee.
(b) Preparation of and Actions Called for in Compact.--The compact
shall be prepared with public participation. Actions called for in the
compact shall be likely to be initiated within a reasonable time after
designation of the proposed national heritage area and shall ensure
effective implementation of the State and local aspects of the compact.
(c) Approval and Disapproval of Compacts.--
(1) In general.--The Secretary, in consultation with the
Governor of Tennessee, shall approve or disapprove the proposed
compact not later than 90 days after receiving such compact.
(2) Procedures if disapproved.--If the Secretary
disapproves a proposed compact, the Secretary shall advise, in
writing, of the reasons for the disapproval and shall make
recommendations for revisions of the proposed compact. The
Secretary shall approve or disapprove a proposed revision to
such a compact within 90 days after the date on which the
revision is submitted to the Secretary.
SEC. 205. MANAGEMENT.
(a) Management Plans.--A management plan submitted under this title
for the national heritage area shall present comprehensive
recommendations for the conservation, funding, management, and
development of the area. The management plan shall--
(1) be prepared with public participation;
(2) take into consideration existing Federal, State, county,
and local plans and involve residents, public agencies, and
private organizations in the area;
[[Page 110 STAT. 4247]]
(3) include a description of actions that units of
government and private organizations are recommended to take to
protect the resources of the area;
(4) specify existing and potential sources of funding for
the conservation, management, and development of the area; and
(5) include the following, as appropriate:
(A) An inventory of the resources contained in the
national heritage area, including a list of property in
the area that should be conserved, restored, managed,
developed, or maintained because of the natural,
cultural, or historic significance of the property as it
relates to the themes of the area.
(B) A recommendation of policies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including (but not limited to) the development of
intergovernmental cooperative agreements to manage the
historical, cultural, and natural resources and the
recreational opportunities of the area in a manner
consistent with the support of appropriate and
compatible economic viability.
(C) A program, including plans for restoration and
construction, for implementation of the management plan
by the management entity specified in the compact for
the area and specific commitments, for the first 5 years
of operation of the plan, by the partners identified in
the compact.
(D) An analysis of means by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this title.
(E) An interpretive plan for the national heritage
area.
(b) Management Entities.--The management entity for the national
heritage area shall do each of the following:
(1) Develop and submit to the Secretary a management plan
not later than three years after the date of the designation of
the area as a national heritage area.
(2) Give priority to the implementation of actions, goals,
and policies set forth in the compact and management plan for
the area, including--
(A) assisting units of government, regional planning
organizations, and nonprofit organizations--
(i) in conserving the national heritage area;
(ii) in establishing and maintaining
interpretive exhibits in the area;
(iii) in developing recreational opportunities
in the area;
(iv) in increasing public awareness of and
appreciation for the natural, historical, and
cultural resources of the area;
(v) in the restoration of historic buildings
that are located within the boundaries of the area
and relate to the themes of the area; and
(vi) in ensuring that clear, consistent, and
environmentally appropriate signs identifying
access points and sites of interest are put in
place throughout the area; and
[[Page 110 STAT. 4248]]
(B) consistent with the goals of the management
plan, encouraging economic viability in the affected
communities by appropriate means.
(3) In developing and implementing the management plan for
the area, consider the interests of diverse units of government,
businesses, private property owners, and nonprofit groups within
the geographic area.
<<NOTE: Public information.>> (4) Conduct public meetings at
least quarterly regarding the implementation of the management
plan for the area.
(c) Clearing House.--The Congress recognizes the Center for Historic
Preservation at Middle Tennessee State University as the clearing house
for the Tennessee Civil War Heritage Area.
SEC. 206. DUTIES AND AUTHORITIES OF SECRETARY.
The Secretary--
(1) may provide technical assistance and grants to units of
government and private nonprofit organizations regarding the
compact and, upon request of the management entity for the
national heritage area, regarding the management plan and its
implementation;
(2) may not, as a condition of the award of technical
assistance or grants under this section, require any recipient
of such technical assistance or grants to enact or modify land
use restrictions; and
(3) may not make limitations on fishing, hunting, or
trapping a condition for the approval of the compact or the
determination of eligibility for technical assistance or grants
under this section.
SEC. 207. SAVINGS PROVISIONS.
(a) Lack of Effect on Authority of Governments.--Nothing in this
title shall be construed to modify, enlarge, or diminish any authority
of the Federal, State, or local governments to regulate any use of land
as provide for by law or regulation.
(b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this
title shall be construed to grant powers of zoning or land use to any
management entity for the national heritage area.
(c) Fish and Wildlife.--The designation of the national heritage
area shall not diminish the authority of the State of Tennessee to
manage fish and wildlife, including the regulation of fishing and
hunting within such area.
SEC. 208. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, 2012.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the national heritage area
under this title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of the national heritage area, may not exceed 50
percent of the total cost of any assistance or grant provided or
authorized under this title.
[[Page 110 STAT. 4249]]
<<NOTE: Georgia. 16 USC 461 note.>> TITLE III--AUGUSTA CANAL NATIONAL
HERITAGE AREA
SEC. 301. FINDINGS.
The Congress finds that--
(1) the Augusta Canal National Landmark in the State of
Georgia, listed on the National Historic Register of Historic
Places, and designated by the Governor of Georgia as one of four
regionally important resources in the State, is one of the last
unspoiled areas in the State of Georgia;
(2) the Augusta Canal National Historic Landmark
possesses excellent water quality, beautiful rural and historic
cultural landscapes, architecturally significant mill structures
and mill villages, and large acreages of parks and permanent
open space;
(3) three national historic districts, the Harrisburg, Laney
Walker, and Greene Street districts, and two national historic
landmarks, Stallings Island, located in the Savannah River, and
Meadow Garden, are connected by the Augusta Canal Area;
(4) the beautiful rural landscapes and historic cultural
landscapes, scenic vistas and excellent water quality of the
Augusta Canal contain significant undeveloped recreational
opportunities for people throughout the United States;
(5) the Augusta Canal and related mill sites, structures,
and associated neighborhoods are representatives of the
development of the cotton textile industry and associated
agriculture and trade in the South;
(6) the transformation of the agrarian economy of the area
into an early industrial economy was precipitated by the
development and use of the Augusta Canal;
(7) several significant sites associated with the American
Revolution, the Civil War, Native Americans, Colonial
Americans, African Americans, Chinese Americans, and Irish
Americans are located within the Augusta Canal area;
(8) despite the efforts by the State of Georgia, political
subdivisions of the State, volunteer organizations, and private
businesses, the cultural, historical, natural, and recreational
resources of the area have not realized full potential and may
be lost without assistance from the Federal Government;
(9) the Secretary of the Interior considers this landmark to
be threatened and has designated it a priority for protection;
(10) many local, regional, and State agencies, businesses,
and private citizens have expressed an overwhelming desire to
combine forces to work cooperatively to preserve and enhance the
resources of the Augusta Canal National Historic Landmark and
better plan for its future; and
(11) the Augusta Canal Authority, a public body established
under the law of the State of Georgia, would be an appropriate
management entity for a National Heritage Area established in
the area of the Augusta Canal.
SEC. 302. PURPOSE.
It is the purpose of this title to provide a cooperative management
framework to assist the State of Georgia, its units of local government,
and area citizens in retaining, enhancing, and
[[Page 110 STAT. 4250]]
interpreting the significant features of the lands, water, and
structures of the Augusta Canal, in a manner that is consistent with
positive economic impact and development for the benefit and inspiration
of present and future generations in the State of Georgia and the United
States.
SEC. 303. DESIGNATION OF AUGUSTA CANAL NATIONAL HERITAGE AREA.
(a) Designation.--There is hereby designated in the State of Georgia
the Augusta Canal National Heritage Area (referred to in this title as
the ``Heritage Area'').
(b) Boundaries.--
(1) In general.--The Heritage Area shall include the land
generally depicted on the map entitled ``The Augusta Canal'',
numbered AUCA-80,000, and dated August 1994, which shall be on
file and available for public inspection in the Office of the
Director of the National Park Service, Washington, D.C.
(2) Legal description.--As soon as practicable after the
date of enactment of this title, the Secretary of the Interior
(referred to in this title as the ``Secretary'') shall prepare
and place on file with the map described in paragraph (1) a
legal description of the boundaries of the Heritage Area.
SEC. 304. MANAGEMENT.
The Secretary, acting through the Director of the National Park
Service, shall enter into a cooperative agreement with the Augusta Canal
Authority, a public body established under the law of the State of
Georgia, providing for the management of the
Heritage Area by the Augusta Canal Authority under terms and conditions
stated in the cooperative agreement. The Secretary shall consult with
the Augusta Canal Authority before carrying out any management authority
with respect to the Heritage Area which is not provided for by the
cooperative agreement.
SEC. 305. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than three years after the date
of enactment of this title, the Augusta Canal Authority shall prepare
and submit to the Secretary for review and approval a plan for the
management and administration of the Heritage Area.
(b) Contents.--The plan shall be based on Federal, State, and local
plans in existence on the date of enactment of this title, including the
Augusta Canal Master Plan. The Augusta Canal Authority shall coordinate
and combine such plans and
present an integrated and cooperative approach for the protection,
enhancement, and interpretation of the cultural, natural, scenic, and
recreational resources of the Heritage Area.
(c) Assistance.--The Secretary may provide technical and financial
assistance in the preparation of the management plan.
(d) Approval.--
(1) In general.--Not later than 180 days after receipt of
the plan submitted under subsection (a), the Secretary shall
approve or disapprove the plan.
(2) Criteria.--In determining whether to approve a plan, the
Secretary shall consider--
(A) whether the plan has strong local support from a
diversity of landowners, business interests, nonprofit
organizations, and governments within the area;
[[Page 110 STAT. 4251]]
(B) whether the plan is consistent with and
complements continued economic activity in the area;
(C) whether the plan has a high potential for
effective partnership mechanisms;
(D) whether the plan improperly infringes on private
property rights; and
(E) whether the plan will take appropriate action to
ensure private property rights are observed.
(3) Disapproval.--
<<NOTE: Notification.>> (A) In general.--If the
Secretary disapproves the
proposed management plan, the Secretary shall notify the
Augusta Canal Authority of the disapproval in writing.
(B) Contents.--A notification under subparagraph (A)
shall include--
(i) the reasons for the disapproval; and
(ii) recommendations for revision.
(C) Revised plan.--The Augusta Canal Authority shall
revise and resubmit the management plan to the Secretary
for approval. Not later than 180 days after receipt of
the revised plan, the Secretary shall approve or
disapprove the plan as provided in paragraph (2). The
Augusta Canal Authority shall revise and submit the
management plan until the management plan is approved by
the Secretary.
(e) Implementation.--
(1) In general.--Upon approval of the management plan as
provided in subsection (d), the Secretary, in conjunction with
the Augusta Canal Authority, shall take appropriate steps to
implement the management plan.
(2) Cooperative agreements.--The Secretary is
authorized to enter into cooperative agreements with the State
of Georgia, political subdivisions of the State, the Augusta
Canal Authority, or any organization or individual to implement
the management plan.
(f) Economic Development.--It is the sense of Congress that the
Augusta Canal Authority, the State of Georgia, the City of Augusta, and
other political subdivisions of the State of Georgia should encourage,
by appropriate means, enhanced economic and industrial development in
the area consistent with the goals of the Augusta Canal Master Plan.
SEC. 306. GRANTS AND TECHNICAL ASSISTANCE.
The Secretary may provide grants and technical assistance for the
purposes of this title.
SEC. 307. ACQUISITION OF REAL PROPERTY.
The Augusta Canal Authority may not use any Federal funds that it
may receive pursuant to this title to acquire real property or an
interest in real property.
SEC. 308. OCCUPATIONAL, SAFETY, CONSERVATION, AND
ENVIRONMENTAL REGULATION.
Nothing in this title shall be construed to--
(1) impose any occupational, safety, conservation, or
environmental regulation on the Heritage Area that is more
stringent than the regulations that would be applicable to the
Heritage Area but for the designation of the Heritage Area under
section 303; or
[[Page 110 STAT. 4252]]
(2) authorize any Federal agency to promulgate an
occupational, safety, conservation, or environmental regulation
for the Heritage Area that is more stringent than the
regulations applicable to the Heritage Area in existence on the
date of enactment of this title, solely as a result of the
designation of the Heritage Area under section 303.
SEC. 309. LAND USE REGULATION.
Nothing in this title shall be construed to--
(1) modify, enlarge, or diminish any authority of Federal,
State, and local governments to regulate any use of land as
provided for by law or regulation; or
(2) grant powers of zoning or land use to the Augusta Canal
Authority.
SEC. 310. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, 2012.
SEC. 311. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Heritage Area under
this title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of the Heritage Area, may not exceed 50 percent of
the total cost of any assistance or grant provided or authorized under
this title.
<<NOTE: Steel Industry American Heritage Area Act of
1996. Pennsylvania. 16 USC 461 note.>> TITLE IV--STEEL INDUSTRY HERITAGE
PROJECT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Steel Industry American
Heritage Area Act of 1996''.
SEC. 402. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the industrial and cultural heritage of southwestern
Pennsylvania, including the city of Pittsburgh, and the counties
of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington,
and Westmoreland, related directly to steel and steel-related
industries, is nationally significant;
(2) these industries include steelmaking, ironmaking,
aluminum, specialty metals, glass, coal mining, coke production,
machining and foundries, transportation, and electrical
industries;
(3) the industrial and cultural heritage of the steel and
related industries in this region includes the social history
and living cultural traditions of the people of the region;
(4) the labor movement of the region played a significant
role in the development of the Nation, including the formation
of many key unions such as the Congress of Industrial
Organizations (CIO) and the United Steel Workers of America
(USWA), and crucial struggles to improve wages and working
conditions, such as the Rail Strike of 1877, the Homestead
Strike of 1892, and the Great Steel Strike of 1919;
[[Page 110 STAT. 4253]]
(5) the Department of the Interior is responsible for
protecting the Nation's cultural and historic resources, and
there are significant examples of these resources within this
seven-county region to merit the involvement of the Federal
Government to develop programs and projects, in cooperation with
the Steel Industry Heritage Corporation, the Commonwealth of
Pennsylvania, and other local and governmental
bodies, to adequately conserve, protect, and interpret this
heritage for future generations, while providing opportunities
for education and revitalization; and
(6) the Steel Industry Heritage Corporation would be an
appropriate management entity for a Heritage Area established in
the region.
(b) Statement of Purpose.--The objectives of the Steel
Industry American Heritage Area are--
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities in
the steel industry region of southwestern Pennsylvania and
empower the communities to conserve their heritage while
continuing to pursue economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the seven-county region of
southwestern Pennsylvania.
SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE AREA.
(a) Establishment.--There is hereby established the Steel Industry
American Heritage Area (in this title referred to as the ``Heritage
Area'').
(b) Boundaries.--The Heritage Area shall be comprised of the
counties of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington,
and Westmoreland in Pennsylvania.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Steel Industry Heritage Corporation.
SEC. 404. COMPACT.
(a) In General.--To carry out the purposes of this title, the
Secretary of the Interior (in this title referred to as the
``Secretary'') shall enter into a compact with the management entity.
The
compact shall include information relating to the objectives and
management of the area, including the following:
(1) A delineation of the boundaries of the proposed Heritage
Area.
(2) A discussion of the goals and objectives of the proposed
Heritage Area, including an explanation of the proposed approach
to conservation and interpretation and a general outline of the
protection measures committed to by the partners referred to in
paragraph (4).
(3) An identification and description of the management
entity that will administer the proposed Heritage Area.
(4) A list of the initial partners to be involved in
developing and implementing the management plan for the proposed
Heritage Area, and a statement of the financial commitment of
the partners.
(5) A description of the role of the Commonwealth of
Pennsylvania.
(b) Additional Requirements.--The compact shall be prepared with
public participation. Actions called for in the compact
[[Page 110 STAT. 4254]]
shall be likely to be initiated within a reasonable time after
designation of the proposed Heritage Area and shall ensure effective
implementation of the State and local aspects of the compact.
SEC. 405. MANAGEMENT PLAN.
The management entity shall develop a management plan for the
Heritage Area that presents comprehensive recommendations for the
Heritage Area's conservation, funding, management and development. Such
plan shall take into consideration existing State, county, and local
plans and involve residents, public agencies, and private organizations
working in the Heritage Area. It shall include actions to be undertaken
by units of government and private organizations to protect the
resources of the Heritage Area. It shall specify the existing and
potential sources of funding to protect, manage, and develop the
Heritage Area. Such plan shall include, as appropriate, the following:
(1) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area that
is related to the themes of the Heritage Area and that should be
preserved, restored, managed, developed, or maintained because
of its natural, cultural, historic, recreational, or scenic
significance.
(2) A recommendation of policies for resource management
which considers and details application of appropriate land and
water management techniques, including but not limited to, the
development of intergovernmental cooperative agreements to
protect the Heritage Area's historical, cultural,
recreational, and natural resources in a manner consistent with
supporting appropriate and compatible economic viability.
(3) A program for implementation of the management plan by
the management entity, including plans for restoration and
construction, and specific commitments of the identified
partners for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of the
title.
(5) An interpretation plan for the Heritage Area.
SEC. 406. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity
may, for purposes of preparing and implementing the management plan
under section 405, use Federal funds made available through this title--
(1) to make loans and grants to, and enter into cooperative
agreements with, States and their political subdivisions,
private organizations, or any person; and
(2) to hire and compensate staff.
(b) Duties of the Management Entity.--The management entity shall--
(1) develop and submit to the Secretary for approval a
management plan as described in section 405 within 3 years after
the date of the enactment of this title;
(2) give priority to implementing actions set forth in the
compact and the management plan, including taking steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in preserving
the Heritage Area;
[[Page 110 STAT. 4255]]
(B) assist units of government, regional planning
organizations, and nonprofit organizations in
establishing and maintaining interpretive exhibits in
the Heritage Area;
(C) assist units of government, regional planning
organizations, and nonprofit organizations in developing
recreational resources in the Heritage Area;
(D) assist units of government, regional planning
organizations, and nonprofit organizations in increasing
public awareness of and appreciation for the natural,
historical and architectural resources and sites in the
Heritage Area;
(E) assist units of government, regional planning
organizations and nonprofit organizations in the
restoration of any historic building relating to the
themes of the
Heritage Area;
(F) encourage by appropriate means economic
viability in the Heritage Area consistent with the goals
of the plan;
(G) encourage local governments to adopt land use
policies consistent with the management of the Heritage
Area and the goals of the plan; and
(H) assist units of government, regional planning
organizations and nonprofit organizations to ensure that
clear, consistent, and environmentally appropriate signs
identifying access points and sites of interest are put
in place throughout the Heritage Area;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
<<NOTE: Public information.>> (4) conduct public meetings at
least quarterly regarding the implementation of the management
plan;
(5) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the Secretary's
approval;
<<NOTE: Reports.>> (6) for any year in which Federal funds
have been received under this title, submit an annual report to
the Secretary setting forth its accomplishments, its expenses
and income, and the entity to which any loans and grants were
made during the year for which the report is made; and
<<NOTE: Records.>> (7) for any year in which Federal funds
have been received under this title, make available for audit
all records pertaining to the expenditure of such funds and any
matching funds, and require, for all agreements authorizing
expenditure of
Federal funds by other organizations, that the receiving
organizations make available for audit all records pertaining to
the expenditure of such funds.
If a management plan is not submitted to the Secretary as required under
paragraph (1) within the specified time, the Heritage Area shall no
longer qualify for Federal funding.
(c) Prohibition on the Acquisition of Real Property.--The management
entity may not use Federal funds received under this title to acquire
real property or an interest in real property. Nothing in this title
shall preclude any management entity from using Federal funds from other
sources for their permitted purposes.
SEC. 407. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
[[Page 110 STAT. 4256]]
(1) In general.--The Secretary may, upon request of the
management entity, provide technical and financial assistance to
the Heritage Area to develop and implement the management plan.
In assisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in--
(A) conserving the significant natural, historic,
and cultural resources which support its themes; and
(B) providing educational, interpretive, and
recreational opportunities consistent with its resources
and associated values.
(2) Spending for non-federally owned property.--The
Secretary may spend Federal funds directly on non-federally
owned property to further the purposes of this title, especially
in assisting units of government in appropriate treatment of
districts, sites, buildings, structures, and objects listed or
eligible for listing on the National Register of Historic
Places. The Historic American Building Survey/Historic American
Engineering Record shall conduct those studies necessary to
document the industrial, engineering, building, and
architectural history of the region.
(b) Approval and Disapproval of Compacts and Management Plans.--
(1) In general.--The Secretary, in consultation with the
Governor of Pennsylvania shall approve or disapprove a
compact or management plan submitted under this title not later
than 90 days after receiving such compact or management plan.
(2) Action following disapproval.--If the Secretary
disapproves a submitted compact or management plan, the
Secretary shall advise the management entity in writing of the
reasons therefor and shall make recommendations for revisions in
the compact or plan. The Secretary shall approve or disapprove a
proposed revision within 90 days after the date it is submitted.
(c) Approving Amendments.--The Secretary shall review substantial
amendments to the management plan for the Heritage Area. Funds
appropriated pursuant to this title may not be expended to implement the
changes made by such amendments until the Secretary approves the
amendments.
SEC. 408. SUNSET.
The Secretary may not make any grant or provide any assistance under
this title after September 30, 2012.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Heritage Area under
this title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of this Heritage Area, may not exceed 50 percent
of the total cost of any assistance or grant provided or authorized
under this title.
[[Page 110 STAT. 4257]]
<<NOTE: Massachusetts. 16 USC 461 note.>> TITLE V--ESSEX NATIONAL
HERITAGE AREA
SEC. 501. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) Essex County, Massachusetts, was host to a series of
historic events that influenced the course of the early
settlement of the United States; its emergence as a maritime
power; and its subsequent industrial development;
(2) the North Shore of Essex County and the Merrimack River
valley in Essex County contain examples of significant early
American architecture and significant Federal-period
architecture, many sites and buildings associated with the
establishment of the maritime trade in the United States, the
site of the witchcraft trials of 1692, the birthplace of
successful iron manufacture, and the establishment of the
textile and leather industries in and around the cities of
Peabody, Beverly, Lynn, Lawrence, and Haverhill;
(3) Salem, Massachusetts, has a rich heritage as one of the
earliest landing sites of the English colonists, the first major
world harbor for the United States, and an early thriving hub of
American industries;
(4) the Saugus Iron Works National Historic Site is the site
of the first sustained, integrated iron works in Colonial
America, and the technology employed at the Iron Works was
dispersed throughout the Colonies and was critical to the
development of industry and technology in America;
(5) the Salem Maritime National Historic Site contains
nationally significant resources that explain the manner in
which the Nation was settled, its evolution into a maritime
power, and its development as a major industrial force;
(6) the story told at the Salem Maritime and Saugus Iron
Works National Historic Sites would be greatly enhanced through
the interpretation of significant theme-related resources in
Salem and Saugus and throughout Essex County;
(7) partnerships between the private and public sectors have
been created and additional partnerships will be encouraged to
preserve the rich cultural heritage of the region, which will
stimulate cultural awareness, preservation, and economic
development through tourism;
(8) a visitors' center that has already been constructed at
the Salem Maritime National Historic Site in Salem,
Massachusetts, will be available to interpret the themes of the
Essex National Heritage Area established by this title and to
coordinate the interpretive and preservation activities of the
Area; and
(9) the resident and business communities of the region have
formed the Essex Heritage Ad Hoc Commission for the
preservation, interpretation, promotion, and development of the
historic, cultural, and natural resources of the region and are
investing significant private funds and energy to develop a plan
to preserve the nationally significant resources of Essex
County.
(b) Purpose.--It is the purpose of this title--
(1) to establish the Essex National Heritage Area to
recognize, preserve, promote, interpret, and make available for
the
[[Page 110 STAT. 4258]]
benefit of the public the historic, cultural, and natural
resources of the North Shore and lower Merrimack River valley in
Essex County, Massachusetts, which encompass the three primary
themes of the Salem Maritime National Historic Site and Saugus
Iron Works National Historic Site (the histories of early
settlement, maritime trade, and the textile and leather
industries);
(2) to implement the appropriate alternative as described in
the document entitled ``The Salem Project: A Study of
Alternatives'', dated January 1990, within the boundaries of
Essex County; and
(3) to provide a management framework to assist the
Commonwealth of Massachusetts and its units of local
government in the development and implementation of an
integrated cultural, historical, and land resource management
program in order to retain, enhance, and interpret the
significant values of the lands, waters, and structures located
in the Essex National Heritage Area.
SEC. 502. DEFINITIONS.
For purposes of this title:
(1) The terms ``Area'' and ``National Heritage Area'' mean
the Essex National Heritage Area established by section 503.
(2) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 503. DESIGNATION OF NATIONAL HERITAGE AREA.
(a) Designation.--For the purpose of preserving and interpreting,
for the educational and inspirational benefit of present and future
generations, the unique and significant contributions to our national
heritage of certain historic and cultural lands, natural waterways, and
structures within the County of Essex in the Commonwealth of
Massachusetts, there is hereby established the Essex National Heritage
Area.
(b) Boundaries.--The Area shall comprise the lands generally
depicted on the map numbered NAR-51-80,000 and dated August 1994. The
map shall be on file and available for public inspection in the office
of the Director of the National Park Service.
(c) Administration.--The Area shall be administered in accordance
with the provisions of this title.
SEC. 504. MANAGEMENT ENTITY.
(a) In General.--The management entity for the National Heritage
Area shall be an entity which is selected by the Essex Heritage Ad Hoc
Commission or its designee, reflects a broad cross-section of interests
within the Area, and includes--
(1) at least 1 representative of one or more units of
government in each State in which the National Heritage Area is
located; and
(2) private property owners who reside within the National
Heritage Area.
(b) Duties.--The management entity for the Area shall fulfill each
of the following requirements:
(1) Heritage plan.--Not later than 3 years after the date of
the designation of the Area as a
National Heritage Area, the management entity shall develop and forward
to the
Secretary, and to the Governor of Massachusetts, a heritage plan for the
Area.
[[Page 110 STAT. 4259]]
(2) Priorities.--The management entity shall give priority
to the implementation of action, goals, and policies set forth
in the compact and heritage plan for the Area, including
assisting units of government and others in--
(A) carrying out programs which recognize important
resource values within the Area;
(B) encouraging economic viability in the affected
communities;
(C) establishing and maintaining interpretive
exhibits in the Area;
(D) developing recreational and educational
opportunities in the Area;
(E) increasing public awareness of and appreciation
for the natural, historical, and cultural resources of
the Area;
(F) restoring historic buildings that are located
within the boundaries of the Area and relate to the
theme of the Area; and
(G) ensuring that clear, consistent, and appropriate
signs identifying public access points and sites of
interest are put in place throughout the Area.
(3) Consideration of interests of local groups.--The
management entity shall, in developing and implementing the
heritage plan for the Area, consider the interests of diverse
units of government, businesses, private property owners, and
nonprofit groups within the geographic area.
<<NOTE: Notice.>> (4) Public meetings.--The management
entity shall
conduct public meetings at least annually regarding the
implementation of the heritage plan for the Area. The management
entity shall place a notice of each such meeting in a newspaper
of general circulation in the Area and shall make the minutes of
the meeting available to the public.
SEC. 505. DUTIES OF THE SECRETARY.
(a) In General.--To carry out the purpose of this title, the
Secretary shall assist the management entity in preparing such studies
and plans as the Secretary considers appropriate and in implementing the
recommendations contained in a study report prepared by the management
entity. The Secretary is authorized to enter into agreements with the
Commission or with any owner of property with national historic or
cultural significance within the Area for the purpose of facilitating
public use and enjoyment of such resources or to otherwise further the
objectives of the management entity. Any such agreement shall provide
whenever appropriate that--
(1) the public may have access to such resources at
specified, reasonable times for the purpose of viewing the
property or exhibits or attending programs or other activities,
as may be appropriate;
(2) the Secretary may make improvements to such resources as
the management entity or the Secretary deem necessary to enhance
the public use and enjoyment of the resources, or to render such
property usable by the Secretary, the management entity, or any
person for the purpose of this title; and
[[Page 110 STAT. 4260]]
(3) the Secretary may occupy, utilize, and acquire
easements or leasehold interests in resources as required to
implement the programs and purpose of this title.
(b) Technical Assistance and Grants.--The Secretary may provide,
upon request, technical assistance and grants to the management entity
to assist the management entity in the performance of its powers and
functions as authorized under this title. The Secretary may provide to
any owner of property within the Area, to the Commonwealth of
Massachusetts, to the City of Salem and other participating
municipalities, to any other Federal or State entity, to any
institution, or to any person such technical assistance and grants as
the Secretary considers appropriate to carry out the purpose of this
title.
SEC. 506. PRIVATE PROPERTY.
No privately owned property shall be included within the boundaries
of the Area unless the government of the county, city, or town in which
the property is located agrees to be so included and submits
notification of such agreement to the Secretary.
SEC. 507. SUNSET.
The Secretary may not make any grant or provide any assistance under
this title after September 30, 2012.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Area under this title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of the Area, may not exceed 50 percent of the
total cost of any assistance or grant provided or authorized under this
title.
<<NOTE: South Carolina National Heritage Corridor Act of 1996. 16 USC
461 note.>> TITLE VI--SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR
SEC. 601. SHORT TITLE.
This title may be cited as the ``South Carolina National Heritage
Corridor Act of 1996''.
SEC. 602. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the South Carolina National Heritage Corridor, more than
250 miles in length, possesses a wide diversity of significant
rare plants, animals, and ecosystems, agricultural and timber
lands, shell-fish harvesting areas, historic sites and
structures, and cultural and multicultural landscapes related to
the past and current commerce, transportation, maritime,
textile, agricultural, mining, cattle, pottery, and national
defense industries of the region, which provide significant
ecological, natural, tourism, recreational, timber management,
educational, and economic benefits;
(2) there is a national interest in protecting, conserving,
restoring, promoting, and interpreting the benefits of the
Corridor for the residents of, and visitors to, the Corridor
area;
[[Page 110 STAT. 4261]]
(3) a primary responsibility for conserving, preserving,
protecting, and promoting the benefits resides with the State of
South Carolina and the units of local government having
jurisdiction over the Corridor area; and
(4) in view of the longstanding Federal practice of
assisting States in creating, protecting, conserving,
preserving, and interpreting areas of significant natural and
cultural importance, and in view of the national significance of
the Corridor, the Federal Government has an interest in
assisting the State of South Carolina, the units of local
government of the State, and the private sector in fulfilling
the responsibilities described in paragraph (3).
(b) Purposes.--The purposes of this title are--
(1) to protect, preserve, conserve, restore, promote, and
interpret the significant land and water resource values and
functions of the Corridor;
(2) to encourage and support, through financial and
technical assistance, the State of South Carolina, the units of
local government of the State, and the private sector in the
development of a heritage plan for the Corridor to ensure
coordinated public and private action in the Corridor area in a
manner consistent with subsection (a);
(3) to provide, during the development of an integrated
heritage plan, Federal financial and technical assistance for
the protection, preservation, and conservation of land and water
areas in the Corridor that are in danger of being adversely
affected or destroyed;
(4) to encourage and assist the State of South Carolina and
the units of local government of the State to identify the full
range of public and private technical and financial assistance
programs and services available to implement the heritage plan;
(5) to encourage adequate coordination of all government
programs affecting the land and water resources of the Corridor;
and
(6) to develop a management framework with the State of
South Carolina and the units of local government of the State
for--
(A) planning and implementing the heritage plan; and
(B) developing policies and programs that will
preserve, conserve, protect, restore, enhance, and
interpret the
cultural, historical, natural, economic, recreational,
and scenic resources of the Corridor.
SEC. 603. DEFINITIONS.
For purposes of this title--
(1) Corridor.--The term ``Corridor'' means the South
Carolina National Heritage Corridor established by section 604.
(2) Governor.--The term ``Governor'' means the Governor of
the State of South Carolina.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 604. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR.
(a) Establishment.--There is established in the State of South
Carolina the South Carolina National Heritage Corridor.
(b) Boundaries.--
[[Page 110 STAT. 4262]]
(1) In general.--The boundaries of the Corridor are
generally the boundaries of the western counties of the State of
South Carolina, extending from the western Piedmont along the
Savannah Valley to Augusta, Georgia, along the route of the old
Southern Railroad, along the Ashley River to
Charleston.
(2) Included counties.--The Corridor shall consist of the
following counties of South Carolina, in part or in whole, as
the heritage plan may specify on the recommendations of the
units of local government with the Corridor area:
(A) Oconee.
(B) Pickens.
(C) Anderson.
(D) Abbeville.
(E) Greenwood.
(F) McCormick.
(G) Edgefield.
(H) Aiken.
(I) Barnwell.
(J) Orangeburg.
(K) Bamberg.
(L) Dorchester.
(M) Colleton.
(N) Charleston.
(3) Detail.--The boundaries shall be specified in detail in
the heritage plan.
SEC. 605. MANAGEMENT ENTITY.
(a) In General.--The management entity for the National Heritage
Corridor shall be an entity selected by the Governor of the State of
South Carolina which reflects a broad cross-section of interests within
the Corridor and which includes--
(1) at least 1 representative of one or more units of
government in South Carolina; and
(2) private property owners who reside within the National
Heritage Corridor.
(b) Duties.--The management entity for the National Heritage
Corridor shall fulfill each of the following requirements:
(1) Heritage plan.--Not later than 3 years after the date of
the designation of the area as a National Heritage Corridor, the
management entity shall develop and forward to the
Secretary, and to the Governor of South Carolina, a heritage
plan.
(2) Priorities.--The management entity shall give priority
to the implementation of actions, goals, and policies set forth
in the compact and heritage plan for the Corridor, including
assisting units of government and others in--
(A) carrying out programs which recognize important
resource values within the National Heritage Corridor;
(B) encouraging economic viability in the affected
communities;
(C) establishing and maintaining interpretive
exhibits in the Corridor;
(D) developing recreational and educational
opportunities in the Corridor;
[[Page 110 STAT. 4263]]
(E) increasing public awareness of and appreciation
for the natural, historical, and cultural resources of
the Corridor;
(F) restoring historic buildings that are located
within the boundaries of the Corridor and relate to the
theme of the Corridor; and
(G) ensuring that clear, consistent, and appropriate
signs identifying public access points and sites of
interest are put in place throughout the Corridor.
(3) Consideration of interests of local groups.--The
management entity shall, in developing and implementing the
heritage plan for the Corridor, consider the interest of diverse
units of government, businesses, private property owners, and
nonprofit groups within the geographic area.
(4) Public meetings.--The management entity shall
conduct public meetings at least annually regarding the
implementation of the heritage plan for
the <<NOTE: Notice.>> Corridor. The management entity shall
place a notice of each such meeting in a newspaper of general
circulation in the Corridor and shall make the minutes of the
meeting available to the public.
SEC. 606. DUTIES OF THE SECRETARY.
(a) Assistance.--On request of the management entity, and subject to
the availability of funds appropriated specifically for the purpose, or
made available on a reimbursable basis, the
Secretary shall provide administrative, technical, financial,
development, and operations assistance for the purposes of this title.
The assistance may include--
(1) general administrative support in planning, finance,
personnel, procurement, property management, environmental and
historical compliance, and land acquisition;
(2) personnel;
(3) office space and equipment;
(4) planning and design services for visitor use facilities,
trails, interpretive exhibits, publications, signs, and natural
resource management;
(5) development and construction assistance, including
visitor use facilities, trails, river use and access facilities,
scenic byways, signs, waysides, and rehabilitation of historic
structures; and
(6) operations functions, including interpretation and
visitor services, maintenance, and natural resource management
services conducted within the boundaries of the Corridor.
(b) Loans, Grants, and Cooperative Agreements.--For the purposes of
assisting in the development and implementation of the heritage plan,
the Secretary may, in consultation with the management entity, make
loans and grants to, and enter into cooperative agreements with, the
State of South Carolina (or a political subdivision of the State),
private nonprofit organizations, corporations, or other persons.
(c) Approval of Heritage Plan.--
(1) In general.--Not later than 180 days after receipt of
the plan submitted under section 605(b), the Secretary shall
approve or disapprove the plan.
(2) Criteria.--In determining whether to approve a plan
under this title, the Secretary shall consider--
[[Page 110 STAT. 4264]]
(A) whether the plan has strong local support from a
diversity of landowners, business interests, nonprofit
organizations, and governments within the area;
(B) whether the plan is consistent with and
complements continued economic activity in the area;
(C) whether the plan has a high potential for
effective partnership mechanisms;
(D) whether the plan improperly infringes on private
property rights; and
(E) whether the plan will take appropriate action to
ensure private property rights are observed.
(3) Disapproval.--
(A) In general.--If the Secretary disapproves the
proposed heritage plan, the Secretary shall notify the
management entity.
(B) Contents.--A notification under subparagraph (A)
shall include--
(i) the reasons for the disapproval; and
(ii) recommendations for revision.
(C) Revised plan.--The management entity shall
revise and resubmit the heritage plan to the Secretary
for approval. Not later than 180 days after receipt of
the revised plan, the Secretary shall approve or
disapprove the plan as provided in paragraph (2). The
management entity shall revise and submit the heritage
plan until the heritage plan is approved by the
Secretary.
SEC. 607. SUNSET.
The Secretary may not make any grant or provide any assistance under
this title after September 30, 2012.
SEC. 608. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Corridor under this
title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of this Corridor, may not exceed 50 percent of the
total cost of any assistance or grant provided or authorized under this
title.
<<NOTE: Iowa. 16 USC 461 note.>> TITLE VII--AMERICA'S AGRICULTURAL
HERITAGE PARTNERSHIP
SEC. 701. FINDINGS AND PURPOSES.
(a) The Congress finds that--
(1) the city of Waterloo, Iowa, and northeast Iowa posses
many important elements of the nationally significant story of
American agriculture, including Native American agriculture,
agricultural mechanization, seed hybridization, farm cooperative
movements, rural electrification, farm-to-market systems, rural
to urban migration, veterinary practice, food processing and
preservation, national farm organizations, international hunger
relief, and the development of national and international
agribusiness;
[[Page 110 STAT. 4265]]
(2) these resources offer outstanding and unique
opportunities to acknowledge and appreciate the development of
American agriculture;
(3) the National Park Service has determined that the story
of American agriculture is nationally significant, that
northeast Iowa is an ideal place to tell that story, and that
this story could be divided into 4 principal topics for
interpretation in northeast Iowa: the Amazing Science of
Agriculture, Agriculture as a Way of Life, Organizing for
Survival, and Crops from Field to Table;
(4) the responsibility for interpreting, retaining,
enhancing, and promoting the resources, values, and amenities of
Waterloo, Iowa, and northeast Iowa resides with volunteer
associations, private businesses, political subdivisions of the
State, and the State of Iowa; and
(5) despite the efforts by volunteer associations, private
businesses, political subdivisions of the State, and the State
of Iowa, the cultural and historical resources of the area have
not realized full potential and may be lost without some
assistance from the Federal Government.
(b) Purposes.--The purposes of this title are--
(1) to interpret, retain, enhance, and promote the unique
and significant contributions to national and international
agriculture of certain natural, historic, and cultural resources
within Waterloo, Iowa, and northeast Iowa;
(2) to provide a partnership management framework to assist
volunteer associations, private businesses, political
subdivisions of the State, and the State of Iowa in developing
and implementing Management Plan policies and programs that will
assist in the interpretation, retention, enhancement, and
promotion of the cultural, natural, and recreational resources
of northeast Iowa;
(3) to allow for local, State, and Federal contributions
through limited grants and technical assistance to create
America's Agricultural Heritage Partnership through cooperative
agreements among volunteer associations, private businesses,
political subdivisions of the State, the State of Iowa, and
residents of the area; and
(4) to provide for an economically self-sustaining
Partnership for the educational and inspirational benefit of
current and future generations concerning the story of
American agriculture.
SEC. 702. DEFINITIONS.
As used in this title:
(1) Partnership.--The term ``Partnership'' means the
America's Agricultural Heritage Partnership as established by
section 703(a).
(2) Management entity.--The term ``management entity'' means
the management entity as established by section 704(a).
(3) Political subdivision.--The term ``political
subdivision'' means a political subdivision of the State of
Iowa, any part of which is located in or adjacent to the area in
which the Partnership's activities occur, including a county,
city, or town.
(4) State.--The term ``State'' means the State of Iowa.
[[Page 110 STAT. 4266]]
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Partnership management plan.--The term ``Partnership
Management Plan'' means the plan approved pursuant to section
705(a).
(7) Activities.--The term ``activities'' means the
activities referred to in section 703(b).
SEC. 703. ESTABLISHMENT OF THE AMERICA'S AGRICULTURAL HERITAGE
PARTNERSHIP.
(a) Establishment.--To carry out this title, there is established in
the State of Iowa the ``America's Agricultural Heritage Partnership''
(in this title referred to as the ``Partnership''), upon publication by
the Secretary in the Federal Register of notice that a Partnership
Management Plan has been approved by the Secretary under this title.
(b) Activities.--The Partnership's activities shall be limited to
the counties of northeast Iowa that are generally depicted in
``Alternatives #2 and #3'' described in the 1995 National Park
Service ``Special Resource Study, Cedar Valley, Iowa.''.
(c) Participation.--Nothing in this title shall require any
resident located in the area in which the Partnership's activities occur
to participate in or be associated with the Partnership or the
Partnership's activities.
(d) Affiliations.--Nothing in this title shall prohibit future
affiliations or designations of the Partnership or Partnership
Management Entity.
(e) Grants, Technical Assistance, and Cooperative
Agreements.--
(1) Grants and technical assistance.--The Secretary may make
grants and provide technical assistance to America's
Agricultural Heritage Partnership to assist it in carrying out
its purposes.
(2) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with private entities, the
State of Iowa, any political subdivision thereof, and other
Federal entities, to further the purposes of this title, the
Partnership, or the Partnership Management Entity.
SEC. 704. ESTABLISHMENT OF THE AMERICA'S AGRICULTURAL HERITAGE
PARTNERSHIP MANAGEMENT ENTITY.
(a) Establishment.--There is established a management entity for the
Partnership based on the ``Management Option #5'' outlined in the 1995
National Park Service ``Special Resource Study, Cedar Valley, Iowa'' and
subject to the approval of the Secretary.
(b) Partnership Management Plan.--The Partnership management entity
shall be established in accordance with the Partnership Management Plan
referred to in section 705(a).
(c) Composition.--The members of the management entity may include
persons affiliated with the following entities: the American Association
of Museums, American Farm Bureau, American Farmland Trust, Effigy Mounds
National Monument and Herbert Hoover National Historic Site, Iowa
Department of Agriculture and Land Stewardship, Iowa Department of
Corrections, Iowa Department of Cultural Affairs, Iowa Department of
Economic Development, National Trust for Historic Preservation, the
Smithsonian Institution, the State Historic Preservation Office of the
State of Iowa, the United States Department of Agriculture, the United
States
[[Page 110 STAT. 4267]]
Department of Transportation, and the America's Agricultural/Industrial
Heritage Landscape, Inc.
SEC. 705. PARTNERSHIP MANAGEMENT PLAN.
(a) Preparation of Partnership Management Plan.--A
Partnership Management Plan shall be submitted to the Secretary for
approval no later than three years after the date of the enactment of
this title.
(b) Assistance.--The Secretary may provide technical assistance in
the preparation of the Partnership Management Plan.
SEC. 706. LAND USE REGULATION AND PRIVATE PROPERTY
PROTECTION.
(a) Regulation.--Nothing in this title shall be construed to modify,
enlarge, or diminish any authority of Federal, State, and local
governments to regulate any use of privately owned land provided by law
or regulation.
(b) Land Use.--Nothing in this title shall be construed to grant the
powers of zoning, land use, or condemnation to the
Partnership Management Entity, the Secretary or any other
Federal, State, or local government entity.
SEC. 707. SUNSET.
The Secretary may not make any grant or provide any assistance under
this title after September 30, 2012.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Partnership under this
title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of this Partnership, may not exceed 50 percent of
the total cost of any assistance or grant provided or authorized under
this title.
<<NOTE: Ohio & Erie Canal National Heritage Corridor Act of 1996. 16 USC
461 note.>> TITLE VIII--OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR
SEC. 801. SHORT TITLE.
This title may be cited as the ``Ohio & Erie Canal National Heritage
Corridor Act of 1996''.
SEC. 802. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Ohio & Erie Canal, which opened for commercial
navigation in 1832, was the first inland waterway to connect the
Great Lakes at Lake Erie with the Gulf of Mexico via the Ohio
and Mississippi Rivers and a part of a canal network in Ohio
that was one of America's most extensive and successful systems
during a period in history when canals were essential to the
Nation's growth.
(2) The Ohio & Erie Canal spurred economic growth in the
State of Ohio that took the State from near bankruptcy to the
third most economically prosperous State in the Union in just 20
years.
[[Page 110 STAT. 4268]]
(3) A 4-mile section of the Ohio & Erie Canal was
designated a National Historic Landmark in 1966 and other
portions of the Ohio & Erie Canal and many associated structures
were placed on the National Register of Historic Places.
(4) In 1974, 19 miles of the Ohio & Erie Canal were declared
nationally significant under National Park Service new area
criteria with the designation of Cuyahoga Valley National
Recreation Area.
(5) The National Park Service found the Ohio & Erie Canal
nationally significant in a 1975 study entitled ``Suitability/
Feasibility Study, Proposed Ohio & Erie Canal''.
(6) A 1993 Special Resources Study of the Ohio & Erie Canal
Corridor conducted by the National Park Service entitled ``A
Route to Prosperity'' has concluded that the corridor is
eligible as a National Heritage Corridor.
(7) Local governments, the State of Ohio, and private sector
interests have embraced the heritage corridor concept and desire
to enter into partnership with the Federal Government to
preserve, protect, and develop the corridor for public benefit.
(b) Purposes.--The purposes of this title are--
(1) to preserve and interpret for the educational and
inspirational benefit of present and future generations the
unique and significant contributions to our national heritage of
certain historic and cultural lands, waterways, and structures
within the 87-mile Ohio & Erie Canal Corridor between
Cleveland and Zoar;
(2) to encourage within the corridor a broad range of
economic opportunities enhancing the quality of life for present
and future generations;
(3) to provide a management framework to assist the State of
Ohio, its political subdivisions, and nonprofit organizations,
or combinations thereof, in preparing and implementing an
integrated Corridor Management Plan and in developing
policies and programs that will preserve, enhance, and interpret
the cultural, historical, natural, recreation, and scenic
resources of the corridor; and
(4) to authorize the Secretary to provide financial and
technical assistance to the State of Ohio, its political
subdivisions, and nonprofit organizations, or combinations
thereof, in preparing and implementing a Corridor Management
Plan.
SEC. 803. DEFINITIONS.
For the purposes of this title:
(1) The term ``corridor'' means the Ohio & Erie Canal
National Heritage Corridor established by section 804.
(2) The term ``Committee'' means the Ohio & Erie Canal
National Heritage Area Committee established by section 805.
(3) The term ``Corridor Management Plan'' means the
management plan developed under section 808.
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``technical assistance'' means any guidance,
advice, help, or aid, other than financial assistance, provided
by the Secretary of the Interior.
(6) The term ``financial assistance'' means funds
appropriated by Congress and made available to the management
[[Page 110 STAT. 4269]]
entity for the purposes of preparing and implementing a
Corridor Management Plan.
(7) The term ``management entity'' means the entity
recognized by the Secretary pursuant to section 807(a) to
receive, distribute, and account for Federal funds appropriated
for the purposes of this title.
SEC. 804. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.
(a) Establishment.--There is established in the State of Ohio the
Ohio & Erie Canal National Heritage Corridor.
(b) Boundaries.--
(1) In general.--The boundaries of the corridor shall be
composed of the lands that are generally the route of the Ohio &
Erie Canal from Cleveland to Zoar, Ohio, as depicted in the 1993
National Park Service Special Resources Study, ``A Route to
Prosperity'', subject to paragraph (2). The specific boundaries
shall be those specified in the management plan submitted under
section 808. The Secretary shall prepare a map of the corridor
which shall be on file and available for public inspection in
the office of the Director of the National Park Service.
(2) Consent of local governments.--No privately owned
property shall be included within the boundaries of the corridor
unless the municipality in which the property is located agrees
to be so included and submits notification of such agreement to
the Secretary.
(c) Administration.--The corridor shall be administered in
accordance with the provisions of this title.
SEC. 805. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR
COMMITTEE.
(a) Establishment.--There is hereby established a Committee to be
known as the ``Ohio & Erie Canal National Heritage Corridor Committee'',
whose purpose shall be to assist Federal, State, and local authorities
and the private sector in the preparation and implementation of an
integrated Corridor Management Plan.
(b) Membership.--The Committee shall be comprised of 21 members, as
follows:
(1) Four individuals, appointed by the Secretary after
consideration of recommendations submitted by the Greater
Cleveland Growth Association, the Akron Regional Development
Board, the Stark Development Board, and the Tuscarawas County
Chamber of Commerce, who shall include one representative of
business and industry from each of Ohio counties of Cuyahoga,
Summit, Stark, and Tuscarawas.
(2) One individuals, appointed by the Secretary after
consideration of recommendations submitted by the Director of
the Ohio Department of Travel and Tourism, who is a director of
a convention and tourism bureau within the corridor.
(3) One individual, appointed by the Secretary after
consideration of recommendations submitted by the Ohio Historic
Preservation Officer, with knowledge and experience in the field
of historic preservation.
(4) One individual, appointed by the Secretary after
consideration of recommendations submitted by the Director of
the National Park Service, with knowledge and experience in the
field of historic preservation.
[[Page 110 STAT. 4270]]
(5) Three individuals appointed by the Secretary after
consideration of recommendations submitted by the county or
metropolitan park boards in the Ohio counties of Cuyahoga,
Summit, and Stark.
(6) Eight individuals appointed by the Secretary after
consideration of recommendations submitted by the county
commissioners or county chief executive of the Ohio counties of
Cuyahoga, Summit, Stark and Tuscarawas, including--
(A) from each county, one representative of the
planning offices of the county; and
(B) from each county, one representative of a
municipality in the county.
(7) Two individuals appointed by the Secretary after
consideration of recommendations submitted by the Governor of
Ohio, who shall be representatives of the Directors of the Ohio
Department of Natural Resources and the Ohio Department of
Transportation.
(8) The Superintendent of the Cuyahoga Valley National
Recreation Area, ex officio.
(c) Appointments.--
(1) In general.--Except as provided in paragraph (2),
members of the Committee shall be appointed for terms of three
years and may be reappointed.
(2) Initial appointments.--The Secretary shall appoint the
initial members of the Committee within 30 days after the date
on which the Secretary has received all recommendations pursuant
to subsection (b). Of the members first appointed--
(A) the members appointed pursuant to subsection
(b)(6)(B) shall be appointed to a term of two years and
may not be reappointed to a consecutive term; and
(B) the member appointed pursuant to subsection
(b)(2) shall be appointed to a term of two years and may
not be reappointed to a consecutive term.
(d) Chair and Vice Chair.--The chair and vice chair of the Committee
shall be elected by the members of the Committee. The terms of the chair
and vice chair shall be two years.
(e) Vacancy.--A vacancy in the Committee shall be filled in the
manner in which the original appointment was made. Any member appointed
to fill a vacancy occurring before the expiration of the term for which
their predecessor was appointed shall be appointed only for the
remainder of such term. Any member of the Committee appointed for a
definite term may serve after the expiration of their term until their
successor has taken office.
(f) Compensation and Expenses.--Members of the Committee shall serve
without compensation for their service on the
Committee.
(g) Quorum.--Eleven members of the Committee shall
constitute a quorum.
(h) Meetings.--The Committee shall meet at least quarterly at the
call of the chairperson or 11 of its members. Meetings of the Committee
shall be subject to section 552b of title 5, United States Code
(relating to open meetings).
(i) Not Treated as Advisory Committee.--The Committee shall not be
treated as an Advisory Committee for purposes of the Federal Advisory
Committee Act (5 U.S.C. App.).
[[Page 110 STAT. 4271]]
SEC. 806. POWERS AND DUTIES OF THE NATIONAL HERITAGE
CORRIDOR COMMITTEE.
(a) Hearings.--The Committee may, for the purpose of carrying out
this title, hold such hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the Committee
considers appropriate. The Committee may not issue subpoenas or exercise
any subpoena authority.
(b) Bylaws.--The Committee may make such bylaws and rules,
consistent with this title, as it considers necessary to carry out its
functions under this title.
(c) Powers of Members and Agents.--Any member or agent of the
Committee, if so authorized by the Committee, may take any action which
the Committee is authorized to take by this title.
(d) Corridor Management Plan.--Upon submission of a draft Corridor
Management Plan to the Committee from the management entity, the
Committee shall, within 60 days, review such plan for consistency with
the purposes of this title and endorse the plan or return it to the
management entity for revision. Upon endorsement of the Corridor
Management Plan, the Committee shall submit such plan to the Secretary
for approval pursuant to section 808.
(e) Review of Budget.--The Committee shall review on an annual basis
the proposed expenditures of Federal funds by the management entity for
consistency with the purpose of this title and the Corridor Management
Plan.
SEC. 807. MANAGEMENT ENTITY.
(a) Entity.--Upon petition, the Secretary is authorized to
recognize the Ohio & Erie Canal Association as the management entity for
the Heritage Corridor.
(b) Eligibility.--To be eligible for designation as the
management entity of the corridor, an entity must possess the legal
ability to--
(1) receive Federal funds for use in preparing and
implementing the management plan for the corridor;
(2) disburse Federal funds to other units of government or
other organizations for use in preparing and implementing the
management plan for the corridor;
(3) account for all Federal funds received or disbursed; and
(4) sign agreements with the Federal Government.
(c) Federal Funding.--
(1) Authorization to receive.--The management entity is
authorized to receive appropriated Federal funds.
(2) Disqualification.--If a management plan for the
corridor is not submitted to the Secretary as required under
section 808 within the time specified herein, the management
entity shall cease to be eligible for Federal funding under this
title until such a plan regarding the corridor is submitted to
the Secretary.
(d) Authorities of Management Entity.--The management entity of the
corridor may, for purposes of preparing and implementing the management
plan for the corridor, use Federal funds made available under this
title--
[[Page 110 STAT. 4272]]
(1) to make grants and loans to the State of Ohio, its
political subdivisions, nonprofit organizations, and other
persons;
(2) to enter into cooperative agreements with, or provide
technical assistance to, Federal agencies, the State of Ohio,
its political subdivision, nonprofit organizations, and other
persons;
(3) to hire and compensate staff;
(4) to obtain money from any source under any program or law
requiring the recipient of such money to make a contribution in
order to receive such money; and
(5) to contract for goods and services.
(e) Prohibition of Acquisition of Real Property.--The management
entity for the corridor may not use Federal funds received under this
title to acquire real property or any interest in real property.
SEC. 808. DUTIES OF THE MANAGEMENT ENTITY.
(a) Corridor Management Plan.--
(1) Submission for review by committee.--Within 3 years
after the date on which the Secretary has recognized the
management entity for the corridor, the management entity shall
develop and submit for review to the Committee a management plan
for the corridor.
(2) Plan requirements.--A management plan submitted under
this title shall present comprehensive recommendations for the
conservation, funding, management, and development of the
corridor. The plan shall be prepared with public participation.
The plan shall take into consideration existing Federal, State,
county, and local plans and involve residents, public agencies,
and private organizations in the corridor. The plan shall
include a description of actions that units of government and
private organizations are recommended to take to protect the
resources of the corridor. The plan shall specify existing and
potential sources of funding for the conservation, management,
and development of the corridor. The plan also shall include the
following, as appropriate:
(A) An inventory of the resources contained in the
corridor, including a list of property in the corridor
that should be conserved, restored, managed, developed,
or maintained because of the natural, cultural, or
historic significance of the property as it relates to
the themes of the corridor.
(B) A recommendation of policies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including (but not limited to) the development of
intergovernmental cooperative agreements to manage the
historical, cultural, and natural resources and
recreational opportunities of the corridor in a manner
consistent with the support of appropriate and
compatible economic viability.
(C) A program, including plans for restoration and
construction, for implementation of the management plan
by the management entity and specific commitments, for
the first six years of operation of the plan by the
partners identified in said plan.
[[Page 110 STAT. 4273]]
(D) An analysis of means by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this title.
(E) An interpretive plan for the corridor.
(3) Approval and disapproval of the corridor
management plan.--
(A) In general.--Upon submission of the Corridor
Management Plan from the Committee. the Secretary shall
approve or disapprove said plan not later than 60 days
after receipt of the plan. If the Secretary has taken no
action after 60 days upon receipt, the plan shall be
considered approved.
(B) Disapproval and revisions.--If the Secretary
disapproves the Corridor Management Plan, the Secretary
shall advise the Committee, in writing, of the reasons
for the disapproval and shall make recommendations for
revision of the plan. The Secretary shall approve or
disapprove proposed revisions to the plan not later than
60 days after receipt of such revision. If the Secretary
has taken no action for 60 days after receipt, the plan
shall be considered approved.
(b) Priorities.--The management entity shall give priority to the
implementation of actions, goals, and policies set forth in the
management plan for the corridor, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations--
(A) in conserving the corridor;
(B) in establishing and maintaining interpretive
exhibits in the corridor;
(C) in developing recreational opportunities in the
corridor;
(D) in increasing public awareness of and
appreciation for the natural, historical, and cultural
resources of the corridor;
(E) in the restoration of historic buildings that
are located within the boundaries of the corridor and
relate to the themes of the corridor; and
(F) in ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place throughout
the corridor; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means.
(c) Consideration of Interests of Local Groups.--The management
entity shall, in preparing and implementing the management plan for the
corridor, consider the interest of diverse units of government,
businesses, private property owners, and nonprofit groups within the
geographic area.
(d) Public Meetings.--The management entity shall conduct public
meetings at least quarterly regarding the implementation of the Corridor
Management Plan.
(e) Annual Reports.--The management entity shall, for any fiscal
year in which it receives Federal funds under this title or in which a
loan made by the entity with Federal funds under section 807(d)(1) is
outstanding, submit an annual report to the Secretary setting forth its
accomplishments, its expenses and
[[Page 110 STAT. 4274]]
income, and the entities to which it made any loans and grants during
the year for which the report is made.
(f) Cooperation With Audits.--The management entity shall, for any
fiscal year in which its receives Federal funds under this title or in
which a loan made by the entity with Federal funds under section
807(d)(1) is outstanding, make available for audit by the Congress, the
Secretary, and appropriate units of government all records and other
information pertaining to the expenditure of such funds and any matching
funds, and require, for all agreements authorizing expenditure of
Federal funds by other organizations, that the receiving organizations
make available for such audit all records and other information
pertaining to the expenditure of such funds.
SEC. 809. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical
assistance and grants to units of government, nonprofit
organizations, and other persons, upon request of the management
entity of the corridor, and to the management entity, regarding
the management plan and its implementation.
(2) Prohibition of certain requirements.--The
Secretary may not, as a condition of the award of technical
assistance or grants under this section, require any recipient
of such technical assistance or grant to enact or modify land
use restrictions.
(3) Determinations regarding assistance.--The
Secretary shall decide if the corridor shall be awarded
technical assistance or grants and the amount of that
assistance. Such decisions shall be based on the relative degree
to which the corridor effectively fulfills the objectives
contained in the
Corridor Management Plan and achieves the purposes of this
title. Such decisions shall give consideration to projects which
provide a greater leverage of Federal funds.
(b) Provision of Information.--In cooperation with other
Federal agencies, the Secretary shall provide the general public with
information regarding the location and character of the
corridor.
(c) Other Assistance.--Upon request, the Superintendent of Cuyahoga
Valley National Recreation Area may provide to public and private
organizations within the corridor (including the management entity for
the corridor) such operational assistance as appropriate to support the
implementation of the Corridor Management Plan, subject to the
availability of appropriated funds. The Secretary is authorized to enter
into cooperative agreements with public and private organizations for
the purposes of implementing this subsection.
(d) Duties of Other Federal Agencies.--Any Federal entity conducting
any activity directly affecting the corridor shall consider the
potential effect of the activity on the Corridor Management Plan and
shall consult with the management entity of the corridor with respect to
the activity to minimize the adverse effects of the activity on the
corridor.
SEC. 810. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.
(a) Lack of Effect on Authority of Governments.--Nothing in this
title shall be construed to modify, enlarge, or diminish
[[Page 110 STAT. 4275]]
any authority of Federal, State, or local governments to regulate any
use of land as provided for by law or regulation.
(b) Lack of Zoning or Land Use Powers.--Nothing in this title shall
be construed to grant powers of zoning or land use control to the
Committee or management entity of the corridor.
(c) Local Authority and Private Property Not Affected.--Nothing in
this title shall be construed to affect or to authorize the Committee to
interfere with--
(1) the rights of any person with respect to private
property; or
(2) any local zoning ordinance or land use plan of the State
of Ohio or a political subdivision thereof.
SEC. 811. SUNSET.
The Secretary may not make any grant or provide any assistance under
this title after September 30, 2012.
SEC. 812. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the corridor under this
title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of this corridor, may not exceed 50 percent of the
total cost of any assistance or grant provided or authorized under this
title.
<<NOTE: Hudson River Valley National Heritage Area Act of 1996. 16 USC
461 note.>> TITLE IX--HUDSON RIVER VALLEY NATIONAL HERITAGE AREA
SEC. 901. SHORT TITLE.
This title may be cited as the ``Hudson River Valley National
Heritage Area Act of 1996''.
SEC. 902. FINDINGS.
The Congress finds the following:
(1) The Hudson River Valley between Yonkers, New York, and
Troy, New York, possesses important historical, cultural, and
natural resources, representing themes of settlement and
migration, transportation, and commerce.
(2) The Hudson River Valley played an important role in the
military history of the American Revolution.
<<NOTE: Andrew Jackson Downing. Alexander Jackson Davis. Thomas
Cole.>> (3) The Hudson River Valley gave birth to important
movements in American art and architecture through the work of
Andrew Jackson Downing, Alexander Jackson Davis, Thomas Cole,
and their associates, and played a central role in the
recognition of the esthetic value of the landscape and the
development of an American esthetic ideal.
(4) The Hudson River Valley played an important role in the
development of the iron, textile, and collar and cuff industries
in the 19th century, exemplified in surviving structures such as
the Harmony Mills complex at Cohoes, and in the development of
early men's and women's labor and cooperative organizations, and
is the home of the first women's labor union and the first
women's secondary school.
[[Page 110 STAT. 4276]]
(5) The Hudson River Valley, in its cities and towns and in
its rural landscapes--
(A) displays exceptional surviving physical
resources illustrating these themes and the social,
industrial, and cultural history of the 19th and early
20th centuries; and
(B) includes many National Historic Sites and
Landmarks.
(6) The Hudson River Valley is the home of traditions
associated with Dutch and Huguenot settlements dating to the
17th and 18th centuries, was the locus of characteristic
American stories such as ``Rip Van Winkle'' and the ``Legend of
Sleepy Hollow'', and retains physical, social, and cultural
evidence of these traditions and the traditions of other more
recent ethnic and social groups.
(7) New York State has established a structure for the
Hudson River Valley communities to join together to preserve,
conserve, and manage these resources, and to link them through
trails and other means, in the Hudson River Greenway Communities
Council and the Greenway Conservancy.
SEC. 903. PURPOSES.
The purposes of this title are the following:
(1) To recognize the importance of the history and the
resources of the Hudson River Valley to the Nation.
(2) To assist the State of New York and the communities of
the Hudson River Valley in preserving, protecting, and
interpreting these resources for the benefit of the Nation.
(3) To authorize Federal financial and technical assistance
to serve these purposes.
SEC. 904. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established a Hudson River
Valley National Heritage Area (in this title referred to as the
``Heritage Area'').
(b) Boundaries.--
(1) In general.--Except as otherwise provided in paragraph
(2), the Heritage Area shall be comprised of the counties of
Albany, Rensselaer, Columbia, Greene, Ulster, Dutchess, Orange,
Putnam,
Westchester, and Rockland, New York, and the Village of Waterford in
Saratoga County, New York.
(2) Areas excluded.--The Heritage Area shall not include any
of the following:
(A) The counties of Greene and Columbia.
(B) Those portions of the counties of Rensselaer and
Dutchess located entirely within the 22d Congressional
District of New York (as such district exists on the
date of the enactment of this Act).
(c) Management Entities.--The management entities for the Heritage
Area shall be the Hudson River Valley Greenway Communities Council and
the Greenway Conservancy (agencies established by the State of New York
in its Hudson River Greenway Act of 1991, in this title referred to as
the ``management entities''). The management entities shall jointly
establish a Heritage Area Committee to manage the Heritage Area.
SEC. 905. COMPACT.
To carry out the purposes of this title, the Secretary of the
Interior (in this title referred to as the ``Secretary'') shall enter
[[Page 110 STAT. 4277]]
into a compact with the management entities. The compact shall include
information relating to the objectives and management of the area,
including the following:
(1) A discussion of the goals and objectives of the Heritage
Area, including an explanation of a proposed approach to
conservation and interpretation, and a general outline of the
protection measures committed to by the parties to the compact.
(2) A description of the respective roles of the management
entities.
(3) A list of the initial partners to be involved in
developing and implementing a management plan for the Heritage
Area, and a statement of the financial commitment of such
partners.
(4) A description of the role of the State of New York.
SEC. 906. MANAGEMENT PLAN.
The management entities shall develop a management plan for the
Heritage Area that presents comprehensive recommendations for the
Heritage Area's conservation, funding, management and development. Such
plan shall take into consideration existing State, county, and local
plans and involve residents, public agencies, and private organizations
working in the Heritage Area. It shall include actions to be undertaken
by units of government and private organizations to protect the
resources of the Heritage Area. It shall specify the existing and
potential sources of funding to protect, manage, and develop the
Heritage Area. Such plan shall include specifically as appropriate the
following:
(1) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area that
is related to the themes of the Heritage Area and that should be
preserved, restored, managed, developed, or maintained because
of its natural, cultural, historic, recreational, or scenic
significance.
(2) A recommendation of policies of resource management
which consider and detail application of appropriate land and
water management techniques, including but not limited to, the
development of intergovernmental cooperative agreements to
protect the Heritage Area's historical, cultural, recreational,
and natural resources in a manner consistent with supporting
appropriate and compatible economic viability.
(3) A program for implementation of the management plan by
the management entities, including plans for restoration and
construction, and specific commitments of the identified
partners for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of this
title.
(5) An interpretation plan for the Heritage Area.
SEC. 907. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITIES.
(a) Authorities of the Management Entities.--The management entities
may, for purposes of preparing and implementing the management plan
under section 906, use Federal funds made available through this title--
(1) to make loans and grants to, and enter into cooperative
agreements with, States and their political subdivisions,
private organizations, or any person; and
(2) to hire and compensate staff.
[[Page 110 STAT. 4278]]
(b) Duties of the Management Entities.--The management entities
shall--
(1) develop and submit to the Secretary for approval a
management plan as described in section 906 within 5 years after
the date of the enactment of this title.
(2) give priority to implementing actions as set forth in
the compact and the management plan, including taking
steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in preserving
the Heritage Area;
(B) assist units of government, regional planning
organizations, and nonprofit organizations in
establishing, and maintaining interpretive exhibits in
the Heritage Area;
(C) assist units of government, regional planning
organizations, and nonprofit organizations in developing
recreational resources in the Heritage Area;
(D) assist units of government, regional planning
organizations, and nonprofit organizations in increasing
public awareness of an appreciation for the natural,
historical and architectural resources and sites in the
Heritage Area;
(E) assist units of government, regional planning
organizations and nonprofit organizations in the
restoration of any historic building relating to the
themes of the
Heritage Area;
(F) encourage by appropriate means economic
viability in the corridor consistent with the goals of
the plan;
(G) encourage local governments to adopt land use
policies consistent with the management of the Heritage
Area and the goals of the plan; and
(H) assist units of government, regional planning
organizations and nonprofit organizations to ensure that
clear, consistent, and environmentally appropriate signs
identifying access points and sites of interest are put
in place throughout the Heritage Area;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
<<NOTE: Public information.>> (4) conduct public meetings at
least quarterly regarding the implementation of the management
plan;
(5) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the Secretary's
approval;
<<NOTE: Reports.>> (6) for any year in which Federal funds
have been received under this title, submit an annual report to
the Secretary setting forth its accomplishments, its expenses
and income, and the entities to which any loans and grants were
made during the year for which the report is made; and
<<NOTE: Records.>> (7) for any year in which Federal funds
have been received under this title, make available for audit
all records pertaining to the expenditure of such funds and any
matching funds, and require, for all agreements authorizing
expenditure of
Federal funds by other organizations, that the receiving
organizations make available for audit all records pertaining to
the expenditure of such funds.
[[Page 110 STAT. 4279]]
If a management plan is not submitted to the Secretary as required under
paragraph (1) within the specified time, the Heritage Area shall no
longer qualify for Federal funding.
(c) Prohibition on the Acquisition of Real Property.-- The
management entities may not use Federal funds received under this title
to acquire real property
or an interest in real property. Nothing in this title shall preclude
any management entity from using Federal funds from other sources for
their permitted purposes.
(d) Eligibility for Receiving Financial Assistance.--
(1) Eligibility.--The management entities shall be eligible
to receive funds appropriated through this title for a period of
10 years after the day on which the compact under section 905 is
signed by the Secretary and the management entities, except as
provided in paragraph (2).
(2) Exception.--The management entities' eligibility for
funding under this title may be extended for a period of not
more than 5 additional years if--
<<NOTE: Notification.>> (A) the management entities
determine such extension is necessary in order to carry
out the purposes of this title and notify the Secretary
not later than 180 days prior to the termination date;
(B) the management entities, not later than 180 days
prior to the termination date, present to the Secretary
a plan of their activities for the period of the
extension, including provisions for becoming independent
of the funds made available through this title; and
(C) the Secretary, with the advice of the Governor
of New York, approves such extension of funding.
SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--The Secretary may, upon request of
the management entities, provide technical and financial
assistance to the Heritage Area to develop and implement
the management plan. In assisting the Heritage Area, the
Secretary shall give priority to actions that in general
assist in--
(i) conserving the significant natural
historic, and cultural resources which support its
themes; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with its
resources and associated values.
(B) Spending for non-federally owned property.--The
Secretary may spend Federal funds directly on
nonfederally owned property to further the purposes of
this title, especially in assisting units of government
in appropriate treatment of districts, sites, buildings,
structures, and objects listed or eligible for listing
on the National Register of Historic Places.
(2) Approval and disapproval of compacts and
management plans.--
(A) In general.--The Secretary, in consultation
with the Governor of New York, shall approve or
disapprove a compact or management plan submitted under
this title not later than 90 days after receiving such
compact or management plan.
[[Page 110 STAT. 4280]]
(B) Action following disapproval.--If the Secretary
disapproves a submitted compact or management plan, the
Secretary shall advise the management entities in
writing of the reasons therefor and shall make
recommendations for revisions in the compact or plan.
The Secretary shall approve or disapprove a proposed
revision within 90 days after the date it is submitted.
(3) Approving amendments.--The Secretary shall review
substantial amendments to the management plan for the Heritage
Area. Funds appropriated pursuant to this title may not be
expended to implement the changes until the Secretary approves
the amendments.
(4) Promulgating regulations.--The Secretary shall
promulgate such regulations as are necessary to carry out the
purposes of this title.
(b) Duties of Federal Entities.--Any Federal entity conducting or
supporting activities directly affecting the Heritage Area, and any unit
of government acting pursuant to a grant of Federal funds or a Federal
permit or agreement conducting or supporting such activities, shall to
the maximum extent practicable--
(1) consult with the Secretary and the management entities
with respect to such activities;
(2) cooperate with the Secretary and the management
entities in carrying out their duties under this title and
coordinate such activities with the carrying out of such duties;
and
(3) conduct or support such activities in a manner
consistent with the management plan unless the Federal entity,
after consultation with the management entities, determines
there is no practicable alternative.
SEC. 909. AUTHORIZATION OF APPROPRIATIONS.
(a) Compacts and Management Plan.--There is authorized to be
appropriated to the Secretary, for grants for developing a compact under
section 905 and providing assistance for a management plan under section
906, not more than $300,000, to remain available until expended, subject
to the following conditions:
(1) No grant for a compact or management plan may exceed 75
percent of the grantee's cost for such study or plan.
(2) The total amount of Federal funding for the compact for
the Heritage Area may not exceed $150,000.
(3) The total amount of Federal funding for a management
plan for the Heritage Area may not exceed $150,000.
(b) Management Entity Operations.--There is authorized to be
appropriated to the Secretary for the management entities, amounts as
follows:
(1) For the operating costs of each management entity,
pursuant to section 907, not more than $250,000 annually.
(2) For technical assistance pursuant to section 908, not
more than $50,000 annually.
The Federal contribution to the operations of the management entities
shall not exceed 50 percent of the annual operating costs of the
entities.
(c) Implementation.--There is authorized to be appropriated to the
Secretary, for grants (and the administration thereof) for the
implementation of the management plans for the Heritage Area pursuant to
section 908, not more than $10,000,000, to remain available until
expended, subject to the following conditions:
[[Page 110 STAT. 4281]]
(1) No grant for implementation may exceed 50 percent of the
grantee's cost of implementation.
(2) Any payment made shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for
purposes contrary to the purposes of this title, as determined
by the Secretary, shall result in a right of the United States
of reimbursement of all funds made available to such project or
the proportion of the increased value of the project
attributable to such funds as determined at the time of such
conversion, use, or disposal, whichever is greater.
SEC. 910. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, 2012.
Approved November 12, 1996.
LEGISLATIVE HISTORY--H.R. 4236:
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CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 28, considered and passed House.
Oct. 3, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Nov. 12, Presidential remarks and statement.
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