[110th Congress Public Law 229]
[From the U.S. Government Printing Office]
[DOCID: f:publ229.110]
[[Page 753]]
CONSOLIDATED NATURAL RESOURCES ACT OF 2008
[[Page 122 STAT. 754]]
Public Law 110-229
110th Congress
An Act
To authorize certain programs and activities in the Department of the
Interior, the Forest Service, and the Department of Energy, to implement
further the Act approving the Covenant to Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the United States
of America, to amend the Compact of Free Association Amendments Act of
2003, and for other purposes. <<NOTE: May 8, 2008 - [S. 2739]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in
Congress <<NOTE: Consolidated Natural Resources Act of 2008. 16 USC 1
note.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Consolidated
Natural Resources Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FOREST SERVICE AUTHORIZATIONS
Sec. 101. Wild Sky Wilderness.
Sec. 102. Designation of national recreational trail, Willamette
National Forest, Oregon, in honor of Jim Weaver, a former
Member of the House of Representatives.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Sec. 201. Piedras Blancas Historic Light Station.
Sec. 202. Jupiter Inlet Lighthouse Outstanding Natural Area.
Sec. 203. Nevada National Guard land conveyance, Clark County, Nevada.
TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Cooperative Agreements
Sec. 301. Cooperative agreements for national park natural resource
protection.
Subtitle B--Boundary Adjustments and Authorizations
Sec. 311. Carl Sandburg Home National Historic Site boundary adjustment.
Sec. 312. Lowell National Historical Park boundary adjustment.
Sec. 313. Minidoka National Historic Site.
Sec. 314. Acadia National Park improvement.
Subtitle C--Studies
Sec. 321. National Park System special resource study, Newtonia Civil
War Battlefields, Missouri.
Sec. 322. National Park Service study regarding the Soldiers' Memorial
Military Museum.
Sec. 323. Wolf House study.
Sec. 324. Space Shuttle Columbia study.
Sec. 325. Cesar E. Chavez study.
Sec. 326. Taunton, Massachusetts, special resource study.
Sec. 327. Rim of the Valley Corridor study.
Subtitle D--Memorials, Commissions, and Museums
Sec. 331. Commemorative work to honor Brigadier General Francis Marion
and his family.
[[Page 122 STAT. 755]]
Sec. 332. Dwight D. Eisenhower Memorial Commission.
Sec. 333. Commission to Study the Potential Creation of a National
Museum of the American Latino.
Sec. 334. Hudson-Fulton-Champlain Quadricentennial Commemoration
Commission.
Sec. 335. Sense of Congress regarding the designation of the Museum of
the American Quilter's Society of the United States.
Sec. 336. Sense of Congress regarding the designation of the National
Museum of Wildlife Art of the United States.
Sec. 337. Redesignation of Ellis Island Library.
Subtitle E--Trails and Rivers
Sec. 341. Authorization and administration of Star-Spangled Banner
National Historic Trail.
Sec. 342. Land conveyance, Lewis and Clark National Historic Trail,
Nebraska.
Sec. 343. Lewis and Clark National Historic Trail extension.
Sec. 344. Wild and scenic River designation, Eightmile River,
Connecticut.
Subtitle F--Denali National Park and Alaska Railroad Exchange
Sec. 351. Denali National Park and Alaska Railroad Corporation exchange.
Subtitle G--National Underground Railroad Network to Freedom Amendments
Sec. 361. Authorizing appropriations for specific purposes.
Subtitle H--Grand Canyon Subcontractors
Sec. 371. Definitions.
Sec. 372. Authorization.
TITLE IV--NATIONAL HERITAGE AREAS
Subtitle A--Journey Through Hallowed Ground National Heritage Area
Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Designation of the Journey Through Hallowed Ground National
Heritage Area.
Sec. 404. Management plan.
Sec. 405. Evaluation; report.
Sec. 406. Local coordinating entity.
Sec. 407. Relationship to other Federal agencies.
Sec. 408. Private property and regulatory protections.
Sec. 409. Authorization of appropriations.
Sec. 410. Use of Federal funds from other sources.
Sec. 411. Sunset for grants and other assistance.
Subtitle B--Niagara Falls National Heritage Area
Sec. 421. Purposes.
Sec. 422. Definitions.
Sec. 423. Designation of the Niagara Falls National Heritage Area.
Sec. 424. Management plan.
Sec. 425. Evaluation; report.
Sec. 426. Local coordinating entity.
Sec. 427. Niagara Falls Heritage Area Commission.
Sec. 428. Relationship to other Federal agencies.
Sec. 429. Private property and regulatory protections.
Sec. 430. Authorization of appropriations.
Sec. 431. Use of Federal funds from other sources.
Sec. 432. Sunset for grants and other assistance.
Subtitle C--Abraham Lincoln National Heritage Area
Sec. 441. Purposes.
Sec. 442. Definitions.
Sec. 443. Designation of Abraham Lincoln National Heritage Area.
Sec. 444. Management plan.
Sec. 445. Evaluation; report.
Sec. 446. Local coordinating entity.
Sec. 447. Relationship to other Federal agencies.
Sec. 448. Private property and regulatory protections.
Sec. 449. Authorization of appropriations.
Sec. 450. Use of Federal funds from other sources.
Sec. 451. Sunset for grants and other assistance.
[[Page 122 STAT. 756]]
Subtitle D--Authorization Extensions and Viability Studies
Sec. 461. Extensions of authorized appropriations.
Sec. 462. Evaluation and report.
Subtitle E--Technical Corrections and Additions
Sec. 471. National Coal Heritage Area technical corrections.
Sec. 472. Rivers of steel national heritage area addition.
Sec. 473. South Carolina National Heritage Corridor addition.
Sec. 474. Ohio and Erie Canal National Heritage Corridor technical
corrections.
Sec. 475. New Jersey Coastal Heritage trail route extension of
authorization.
Subtitle F--Studies
Sec. 481. Columbia-Pacific National Heritage Area study.
Sec. 482. Study of sites relating to Abraham Lincoln in Kentucky.
TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY
AUTHORIZATIONS
Sec. 501. Alaska water resources study.
Sec. 502. Renegotiation of payment schedule, Redwood Valley County Water
District.
Sec. 503. American River Pump Station Project transfer.
Sec. 504. Arthur V. Watkins Dam enlargement.
Sec. 505. New Mexico water planning assistance.
Sec. 506. Conveyance of certain buildings and lands of the Yakima
Project, Washington.
Sec. 507. Conjunctive use of surface and groundwater in Juab County,
Utah.
Sec. 508. Early repayment of A & B Irrigation District construction
costs.
Sec. 509. Oregon water resources.
Sec. 510. Republican River Basin feasibility study.
Sec. 511. Eastern Municipal Water District.
Sec. 512. Bay Area regional water recycling program.
Sec. 513. Bureau of Reclamation site security.
Sec. 514. More water, more energy, and less waste.
Sec. 515. Platte River Recovery Implementation Program and Pathfinder
Modification Project authorization.
Sec. 516. Central Oklahoma Master Conservatory District feasibility
study.
TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS
Sec. 601. Energy technology transfer.
Sec. 602. Amendments to the Steel and Aluminum Energy Conservation and
Technology Competitiveness Act of 1988.
TITLE VII--NORTHERN MARIANA ISLANDS
Subtitle A--Immigration, Security, and Labor
Sec. 701. Statement of congressional intent.
Sec. 702. Immigration reform for the Commonwealth.
Sec. 703. Further amendments to Public Law 94-241.
Sec. 704. Authorization of appropriations.
Sec. 705. Effective date.
Subtitle B--Northern Mariana Islands Delegate
Sec. 711. Delegate to House of Representatives from Commonwealth of the
Northern Mariana Islands.
Sec. 712. Election of Delegate.
Sec. 713. Qualifications for Office of Delegate.
Sec. 714. Determination of election procedure.
Sec. 715. Compensation, privileges, and immunities.
Sec. 716. Lack of effect on covenant.
Sec. 717. Definition.
Sec. 718. Conforming amendments regarding appointments to military
service academies by Delegate from the Commonwealth of the
Northern Mariana Islands.
TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS
Sec. 801. Approval of Agreements.
Sec. 802. Funds to facilitate Federal activities.
Sec. 803. Conforming amendment.
Sec. 804. Clarifications regarding Palau.
[[Page 122 STAT. 757]]
Sec. 805. Availability of legal services.
Sec. 806. Technical amendments.
Sec. 807. Transmission of videotape programming.
Sec. 808. Palau road maintenance.
Sec. 809. Clarification of tax-free status of trust funds.
Sec. 810. Transfer of naval vessels to certain foreign recipients.
TITLE I--FOREST SERVICE AUTHORIZATIONS
SEC. 101. <<NOTE: Washington.>> WILD SKY WILDERNESS.
(a) <<NOTE: 16 USC 1132 note.>> Additions to the National
Wilderness Preservation System.--
(1) Additions.--The following Federal lands in the State of
Washington are hereby designated as wilderness and, therefore,
as components of the National Wilderness Preservation System:
certain lands which comprise approximately 106,000 acres, as
generally depicted on a map entitled ``Wild Sky Wilderness
Proposal'' and dated February 6, 2007, which shall be known as
the ``Wild Sky Wilderness''.
(2) Map and legal descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary of
Agriculture shall file a map and a legal description for the
wilderness area designated under this section with the Committee
on Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives. The map
and description shall have the same force and effect as if
included in this section, except that the Secretary of
Agriculture may correct clerical and typographical errors in the
legal description and map. The map and legal description shall
be on file and available for public inspection in the office of
the Chief of the Forest Service, Department of Agriculture.
(b) Administration Provisions.--
(1) In general.--
(A) Subject to valid existing rights, lands
designated as wilderness by this section shall be
managed by the Secretary of Agriculture in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.) and
this section, except that, with respect to any
wilderness areas designated by this section, any
reference in the Wilderness Act to the effective date of
the Wilderness Act shall be deemed to be a reference to
the date of enactment of this Act.
(B) To fulfill the purposes of this section and the
Wilderness Act and to achieve administrative
efficiencies, the Secretary of Agriculture may manage
the area designated by this section as a comprehensive
part of the larger complex of adjacent and nearby
wilderness areas.
(2) New trails.--
(A) <<NOTE: Plan.>> The Secretary of Agriculture
shall consult with interested parties and shall
establish a trail plan for Forest Service lands in order
to develop--
(i) a system of hiking and equestrian trails
within the wilderness designated by this section
in a manner consistent with the Wilderness Act (16
U.S.C. 1131 et seq.); and
(ii) a system of trails adjacent to or to
provide access to the wilderness designated by
this section.
[[Page 122 STAT. 758]]
(B) <<NOTE: Deadline. Reports.>> Within 2 years
after the date of enactment of this Act, the Secretary
of Agriculture shall complete a report on the
implementation of the trail plan required under this
section. This report shall include the identification of
priority trails for development.
(3) Repeater site.--Within <<NOTE: Communications and tele-
communications.>> the Wild Sky Wilderness, the Secretary of
Agriculture is authorized to use helicopter access to construct
and maintain a joint Forest Service and Snohomish County
telecommunications repeater site, in compliance with a Forest
Service approved communications site plan, for the purposes of
improving communications for safety, health, and emergency
services.
(4) Float plane access.--As provided by section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of
floatplanes on Lake Isabel, where such use has already become
established, shall be permitted to continue subject to such
reasonable restrictions as the Secretary of Agriculture
determines to be desirable.
(5) Evergreen mountain lookout.--The designation under this
section shall not preclude the operation and maintenance of the
existing Evergreen Mountain Lookout in the same manner and
degree in which the operation and maintenance of such lookout
was occurring as of the date of enactment of this Act.
(c) Authorization for Land Acquisition.--
(1) In general.--The Secretary of Agriculture is authorized
to acquire lands and interests therein, by purchase, donation,
or exchange, and shall give priority consideration to those
lands identified as ``Priority Acquisition Lands'' on the map
described in subsection (a)(1). The boundaries of the Mt. Baker-
Snoqualmie National Forest and the Wild Sky Wilderness shall be
adjusted to encompass any lands acquired pursuant to this
section.
(2) Access.--Consistent with section 5(a) of the Wilderness
Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall
ensure adequate access to private inholdings within the Wild Sky
Wilderness.
(3) Appraisal.--Valuation of private lands shall be
determined without reference to any restrictions on access or
use which arise out of designation as a wilderness area as a
result of this section.
(d) Land Exchanges.--The Secretary of Agriculture shall exchange
lands and interests in lands, as generally depicted on a map entitled
``Chelan County Public Utility District Exchange'' and dated May 22,
2002, with the Chelan County Public Utility District in accordance with
the following provisions:
(1) <<NOTE: Deadline.>> If the Chelan County Public Utility
District, within 90 days after the date of enactment of this
Act, offers to the Secretary of Agriculture approximately 371.8
acres within the Mt. Baker-Snoqualmie National Forest in the
State of Washington, the Secretary shall accept such lands.
(2) Upon acceptance of title by the Secretary of Agriculture
to such lands and interests therein, the Secretary of
Agriculture shall convey to the Chelan County Public Utility
District a permanent easement, including helicopter access,
consistent with such levels as used as of the date of enactment
of this Act, to maintain an existing telemetry site to monitor
snow
[[Page 122 STAT. 759]]
pack on 1.82 acres on the Wenatchee National Forest in the State
of Washington.
(3) The exchange directed by this section shall be
consummated if Chelan County Public Utility District conveys
title acceptable to the Secretary and provided there is no
hazardous material on the site, which is objectionable to the
Secretary.
(4) <<NOTE: Notification.>> In the event Chelan County
Public Utility District determines there is no longer a need to
maintain a telemetry site to monitor the snow pack for
calculating expected runoff into the Lake Chelan hydroelectric
project and the hydroelectric projects in the Columbia River
Basin, the Secretary shall be notified in writing and the
easement shall be extinguished and all rights conveyed by this
exchange shall revert to the United States.
SEC. 102. DESIGNATION OF NATIONAL RECREATIONAL TRAIL, WILLAMETTE
NATIONAL FOREST, OREGON, IN HONOR OF JIM
WEAVER, A FORMER MEMBER OF THE HOUSE OF
REPRESENTATIVES.
(a) Designation.--Forest Service trail number 3590 in the Willamette
National Forest in Lane County, Oregon, which is a 19.6 mile trail that
begins and ends at North Waldo Campground and circumnavigates Waldo
Lake, is hereby designated as a national recreation trail under section
4 of the National Trails System Act (16 U.S.C. 1243) and shall be known
as the ``Jim Weaver Loop Trail''.
(b) Interpretive Sign.--Using funds available for the Forest
Service, the Secretary of Agriculture shall prepare, install, and
maintain an appropriate sign at the trailhead of the Jim Weaver Loop
Trail to indicate the name of the trail and to provide information
regarding the life and career of Congressman Jim Weaver.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
SEC. 201. <<NOTE: California. 43 USC 1786.>> PIEDRAS BLANCAS
HISTORIC LIGHT STATION.
(a) Definitions.--In this section:
(1) Light station.--The term ``Light Station'' means Piedras
Blancas Light Station.
(2) Outstanding natural area.--The term ``Outstanding
Natural Area'' means the Piedras Blancas Historic Light Station
Outstanding Natural Area established pursuant to subsection (c).
(3) Public lands.--The term ``public lands'' has the meaning
stated in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1703(e)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Findings.--Congress finds as follows:
(1) The publicly owned Piedras Blancas Light Station has
nationally recognized historical structures that should be
preserved for present and future generations.
(2) The coastline adjacent to the Light Station is
internationally recognized as having significant wildlife and
marine
[[Page 122 STAT. 760]]
habitat that provides critical information to research
institutions throughout the world.
(3) The Light Station tells an important story about
California's coastal prehistory and history in the context of
the surrounding region and communities.
(4) The coastal area surrounding the Light Station was
traditionally used by Indian people, including the Chumash and
Salinan Indian tribes.
(5) The Light Station is historically associated with the
nearby world-famous Hearst Castle (Hearst San Simeon State
Historical Monument), now administered by the State of
California.
(6) The Light Station represents a model partnership where
future management can be successfully accomplished among the
Federal Government, the State of California, San Luis Obispo
County, local communities, and private groups.
(7) Piedras Blancas Historic Light Station Outstanding
Natural Area would make a significant addition to the National
Landscape Conservation System administered by the Department of
the Interior's Bureau of Land Management.
(8) Statutory protection is needed for the Light Station and
its surrounding Federal lands to ensure that it remains a part
of our historic, cultural, and natural heritage and to be a
source of inspiration for the people of the United States.
(c) Designation of the Piedras Blancas Historic Light Station
Outstanding Natural Area.--
(1) In general.--In order to protect, conserve, and enhance
for the benefit and enjoyment of present and future generations
the unique and nationally important historical, natural,
cultural, scientific, educational, scenic, and recreational
values of certain lands in and around the Piedras Blancas Light
Station, in San Luis Obispo County, California, while allowing
certain recreational and research activities to continue, there
is established, subject to valid existing rights, the Piedras
Blancas Historic Light Station Outstanding Natural Area.
(2) Maps and legal descriptions.--The boundaries of the
Outstanding Natural Area as those shown on the map entitled
``Piedras Blancas Historic Light Station: Outstanding Natural
Area'', dated May 5, 2004, which shall be on file and available
for public inspection in the Office of the Director, Bureau of
Land Management, United States Department of the Interior, and
the State office of the Bureau of Land Management in the State
of California.
(3) Basis of management.--The Secretary shall manage the
Outstanding Natural Area as part of the National Landscape
Conservation System to protect the resources of the area, and
shall allow only those uses that further the purposes for the
establishment of the Outstanding Natural Area, the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and
other applicable laws.
(4) Withdrawal.--Subject to valid existing rights, and in
accordance with the existing withdrawal as set forth in Public
Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal
Register 52149), the Federal lands and interests in lands
included within the Outstanding Natural Area are hereby
withdrawn from--
[[Page 122 STAT. 761]]
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the public
land mining laws; and
(C) operation of the mineral leasing and geothermal
leasing laws and the mineral materials laws.
(d) Management of the Piedras Blancas Historic Light Station
Outstanding Natural Area.--
(1) In general.--The Secretary shall manage the Outstanding
Natural Area in a manner that conserves, protects, and enhances
the unique and nationally important historical, natural,
cultural, scientific, educational, scenic, and recreational
values of that area, including an emphasis on preserving and
restoring the Light Station facilities, consistent with the
requirements of subsection (c)(3).
(2) Uses.--Subject to valid existing rights, the Secretary
shall only allow such uses of the Outstanding Natural Area as
the Secretary finds are likely to further the purposes for which
the Outstanding Natural Area is established as set forth in
subsection (c)(1).
(3) Management plan.--Not <<NOTE: Deadline.>> later than 3
years after of the date of enactment of this Act, the Secretary
shall complete a comprehensive management plan consistent with
the requirements of section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) to provide long-term
management guidance for the public lands within the Outstanding
Natural Area and fulfill the purposes for which it is
established, as set forth in subsection (c)(1). The management
plan shall be developed in consultation with appropriate
Federal, State, and local government agencies, with full public
participation, and the contents shall include--
(A) provisions designed to ensure the protection of
the resources and values described in subsection (c)(1);
(B) objectives to restore the historic Light Station
and ancillary buildings;
(C) an implementation plan for a continuing program
of interpretation and public education about the Light
Station and its importance to the surrounding community;
(D) a proposal for minimal administrative and public
facilities to be developed or improved at a level
compatible with achieving the resources objectives for
the Outstanding Natural Area as described in paragraph
(1) and with other proposed management activities to
accommodate visitors and researchers to the Outstanding
Natural Area; and
(E) cultural resources management strategies for the
Outstanding Natural Area, prepared in consultation with
appropriate departments of the State of California, with
emphasis on the preservation of the resources of the
Outstanding Natural Area and the interpretive,
education, and long-term scientific uses of the
resources, giving priority to the enforcement of the
Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.) and the National Historic
Preservation Act (16 U.S.C. 470 et seq.) within the
Outstanding Natural Area.
(4) Cooperative agreements.--In order to better implement
the management plan and to continue the successful partnerships
with the local communities and the Hearst San
[[Page 122 STAT. 762]]
Simeon State Historical Monument, administered by the California
Department of Parks and Recreation, the Secretary may enter into
cooperative agreements with the appropriate Federal, State, and
local agencies pursuant to section 307(b) of the Federal Land
Management Policy and Management Act of 1976 (43 U.S.C.
1737(b)).
(5) Research activities.--In order to continue the
successful partnership with research organizations and agencies
and to assist in the development and implementation of the
management plan, the Secretary may authorize within the
Outstanding Natural Area appropriate research activities for the
purposes identified in subsection (c)(1) and pursuant to section
307(a) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1737(a)).
(6) Acquisition.--State and privately held lands or
interests in lands adjacent to the Outstanding Natural Area and
identified as appropriate for acquisition in the management plan
may be acquired by the Secretary as part of the Outstanding
Natural Area only by--
(A) donation;
(B) exchange with a willing party; or
(C) purchase from a willing seller.
(7) Additions to the outstanding natural area.--Any lands or
interest in lands adjacent to the Outstanding Natural Area
acquired by the United States after the date of enactment of
this Act shall be added to and administered as part of the
Outstanding Natural Area.
(8) Overflights.--Nothing in this section or the management
plan shall be construed to--
(A) restrict or preclude overflights, including low
level overflights, military, commercial, and general
aviation overflights that can be seen or heard within
the Outstanding Natural Area;
(B) restrict or preclude the designation or creation
of new units of special use airspace or the
establishment of military flight training routes over
the Outstanding Natural Area; or
(C) modify regulations governing low-level
overflights above the adjacent Monterey Bay National
Marine Sanctuary.
(9) Law enforcement activities.--Nothing in this section
shall be construed to preclude or otherwise affect coastal
border security operations or other law enforcement activities
by the Coast Guard or other agencies within the Department of
Homeland Security, the Department of Justice, or any other
Federal, State, and local law enforcement agencies within the
Outstanding Natural Area.
(10) Native american uses and interests.--In recognition of
the past use of the Outstanding Natural Area by Indians and
Indian tribes for traditional cultural and religious purposes,
the Secretary shall ensure access to the Outstanding Natural
Area by Indians and Indian tribes for such traditional cultural
and religious purposes. In implementing this subsection, the
Secretary, upon the request of an Indian tribe or Indian
religious community, shall temporarily close to the general
public use of one or more specific portions of the Outstanding
Natural Area in order to protect the privacy of traditional
cultural
[[Page 122 STAT. 763]]
and religious activities in such areas by the Indian tribe or
Indian religious community. Any such closure shall be made to
affect the smallest practicable area for the minimum period
necessary for such purposes. Such access shall be consistent
with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996
et seq.; commonly referred to as the ``American Indian Religious
Freedom Act'').
(11) No buffer zones.--The designation of the Outstanding
Natural Area is not intended to lead to the creation of
protective perimeters or buffer zones around area. The fact that
activities outside the Outstanding Natural Area and not
consistent with the purposes of this section can be seen or
heard within the Outstanding Natural Area shall not, of itself,
preclude such activities or uses up to the boundary of the
Outstanding Natural Area.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 202. <<NOTE: Florida. 43 USC 1787.>> JUPITER INLET
LIGHTHOUSE OUTSTANDING NATURAL AREA.
(a) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Lighthouse.--The term ``Lighthouse'' means the Jupiter
Inlet Lighthouse located in Palm Beach County, Florida.
(3) Local partners.--The term ``Local Partners'' includes--
(A) Palm Beach County, Florida;
(B) the Town of Jupiter, Florida;
(C) the Village of Tequesta, Florida; and
(D) the Loxahatchee River Historical Society.
(4) Management plan.--The term ``management plan'' means the
management plan developed under subsection (c)(1).
(5) Map.--The term ``map'' means the map entitled ``Jupiter
Inlet Lighthouse Outstanding Natural Area'' and dated October
29, 2007.
(6) Outstanding natural area.--The term ``Outstanding
Natural Area'' means the Jupiter Inlet Lighthouse Outstanding
Natural Area established by subsection (b)(1).
(7) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103(e) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Florida.
(b) Establishment of the Jupiter Inlet Lighthouse Outstanding
Natural Area.--
(1) Establishment.--Subject to valid existing rights, there
is established for the purposes described in paragraph (2) the
Jupiter Inlet Lighthouse Outstanding Natural Area, the
boundaries of which are depicted on the map.
(2) Purposes.--The purposes of the Outstanding Natural Area
are to protect, conserve, and enhance the unique and nationally
important historic, natural, cultural, scientific, educational,
scenic, and recreational values of the Federal land
[[Page 122 STAT. 764]]
surrounding the Lighthouse for the benefit of present
generations and future generations of people in the United
States, while--
(A) allowing certain recreational and research
activities to continue in the Outstanding Natural Area;
and
(B) ensuring that Coast Guard operations and
activities are unimpeded within the boundaries of the
Outstanding Natural Area.
(3) Availability of map.--The map shall be on file and
available for public inspection in appropriate offices of the
Bureau of Land Management.
(4) Withdrawal.--
(A) In general.--Subject to valid existing rights,
subsection (e), and any existing withdrawals under the
Executive orders and public land order described in
subparagraph (B), the Federal land and any interests in
the Federal land included in the Outstanding Natural
Area are withdrawn from--
(i) all forms of entry, appropriation, or
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) operation of the mineral leasing and
geothermal leasing laws and the mineral materials
laws.
(B) Description of executive orders.--The Executive
orders and public land order described in subparagraph
(A) are--
(i) the Executive Order dated October 22,
1854;
(ii) Executive Order No. 4254 (June 12, 1925);
and
(iii) Public Land Order No. 7202 (61 Fed. Reg.
29758).
(c) Management Plan.--
(1) In general.--Not <<NOTE: Deadline.>> later than 3 years
after the date of enactment of this Act, the Secretary, in
consultation with the Commandant, shall develop a comprehensive
management plan in accordance with section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) to--
(A) provide long-term management guidance for the
public land in the Outstanding Natural Area; and
(B) ensure that the Outstanding Natural Area
fulfills the purposes for which the Outstanding Natural
Area is established.
(2) Consultation; public participation.--The management plan
shall be developed--
(A) in consultation with appropriate Federal, State,
county, and local government agencies, the Commandant,
the Local Partners, and other partners; and
(B) in a manner that ensures full public
participation.
(3) Existing plans.--The management plan shall, to the
maximum extent practicable, be consistent with existing resource
plans, policies, and programs.
(4) Inclusions.--The management plan shall include--
(A) objectives and provisions to ensure--
(i) the protection and conservation of the
resource values of the Outstanding Natural Area;
and
[[Page 122 STAT. 765]]
(ii) the restoration of native plant
communities and estuaries in the Outstanding
Natural Area, with an emphasis on the conservation
and enhancement of healthy, functioning ecological
systems in perpetuity;
(B) objectives and provisions to maintain or
recreate historic structures;
(C) an implementation plan for a program of
interpretation and public education about the natural
and cultural resources of the Lighthouse, the public
land surrounding the Lighthouse, and associated
structures;
(D) a proposal for administrative and public
facilities to be developed or improved that--
(i) are compatible with achieving the resource
objectives for the Outstanding Natural Area
described in subsection (d)(1)(A)(ii); and
(ii) would accommodate visitors to the
Outstanding Natural Area;
(E) natural and cultural resource management
strategies for the Outstanding Natural Area, to be
developed in consultation with appropriate departments
of the State, the Local Partners, and the Commandant,
with an emphasis on resource conservation in the
Outstanding Natural Area and the interpretive,
educational, and long-term scientific uses of the
resources; and
(F) recreational use strategies for the Outstanding
Natural Area, to be prepared in consultation with the
Local Partners, appropriate departments of the State,
and the Coast Guard, with an emphasis on passive
recreation.
(5) Interim plan.--Until a management plan is adopted for
the Outstanding Natural Area, the Jupiter Inlet Coordinated
Resource Management Plan (including any updates or amendments to
the Jupiter Inlet Coordinated Resource Management Plan) shall be
in effect.
(d) Management of the Jupiter Inlet Lighthouse Outstanding Natural
Area.--
(1) Management.--
(A) In general.--The Secretary, in consultation with
the Local Partners and the Commandant, shall manage the
Outstanding Natural Area--
(i) as part of the National Landscape
Conservation System;
(ii) in a manner that conserves, protects, and
enhances the unique and nationally important
historical, natural, cultural, scientific,
educational, scenic, and recreational values of
the Outstanding Natural Area, including an
emphasis on the restoration of native ecological
systems; and
(iii) in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.) and other applicable laws.
(B) Limitation.--In managing the Outstanding Natural
Area, the Secretary shall not take any action that
precludes, prohibits, or otherwise affects the conduct
of ongoing or future Coast Guard operations or
activities on lots 16 and 18, as depicted on the map.
(2) Uses.--Subject to valid existing rights and subsection
(e), the Secretary shall only allow uses of the Outstanding
[[Page 122 STAT. 766]]
Natural Area that the Secretary, in consultation with the
Commandant and Local Partners, determines would likely further
the purposes for which the Outstanding Natural Area is
established.
(3) Cooperative agreements.--To facilitate implementation of
the management plan and to continue the successful partnerships
with local communities and other partners, the Secretary may, in
accordance with section 307(b) of the Federal Land Management
Policy and Management Act of 1976 (43 U.S.C. 1737(b)), enter
into cooperative agreements with the appropriate Federal, State,
county, other local government agencies, and other partners
(including the Loxahatchee River Historical Society) for the
long-term management of the Outstanding Natural Area.
(4) Research activities.--To continue successful research
partnerships, pursue future research partnerships, and assist in
the development and implementation of the management plan, the
Secretary may, in accordance with section 307(a) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)),
authorize the conduct of appropriate research activities in the
Outstanding Natural Area for the purposes described in
subsection (b)(2).
(5) Acquisition of land.--
(A) In general.--Subject to subparagraph (B), the
Secretary may acquire for inclusion in the Outstanding
Natural Area any State or private land or any interest
in State or private land that is--
(i) adjacent to the Outstanding Natural Area;
and
(ii) identified in the management plan as
appropriate for acquisition.
(B) Means of acquisition.--Land or an interest in
land may be acquired under subparagraph (A) only by
donation, exchange, or purchase from a willing seller
with donated or appropriated funds.
(C) Additions to the outstanding natural area.--Any
land or interest in land adjacent to the Outstanding
Natural Area acquired by the United States after the
date of enactment of this Act under subparagraph (A)
shall be added to, and administered as part of, the
Outstanding Natural Area.
(6) Law enforcement activities.--Nothing in this section,
the management plan, or the Jupiter Inlet Coordinated Resource
Management Plan (including any updates or amendments to the
Jupiter Inlet Coordinated Resource Management Plan) precludes,
prohibits, or otherwise affects--
(A) any maritime security, maritime safety, or
environmental protection mission or activity of the
Coast Guard;
(B) any border security operation or law enforcement
activity by the Department of Homeland Security or the
Department of Justice; or
(C) any law enforcement activity of any Federal,
State, or local law enforcement agency in the
Outstanding Natural Area.
(7) Future disposition of coast guard facilities.--If the
Commandant determines, after the date of enactment of this Act,
that Coast Guard facilities within the Outstanding
[[Page 122 STAT. 767]]
Natural Area exceed the needs of the Coast Guard, the Commandant
may relinquish the facilities to the Secretary without removal,
subject only to any environmental remediation that may be
required by law.
(e) Effect on Ongoing and Future Coast Guard Operations.--Nothing in
this section, the management plan, or the Jupiter Inlet Coordinated
Resource Management Plan (including updates or amendments to the Jupiter
Inlet Coordinated Resource Management Plan) precludes, prohibits, or
otherwise affects ongoing or future Coast Guard operations or activities
in the Outstanding Natural Area, including--
(1) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
Coast Guard High Frequency antenna site on lot 16;
(2) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
military family housing area on lot 18;
(3) the continued and future use of, access to, maintenance
of, and, as may be necessitated for Coast Guard missions, the
expansion, enhancement, or replacement of, the pier on lot 18;
(4) the existing lease of the Jupiter Inlet Lighthouse on
lot 18 from the Coast Guard to the Loxahatchee River Historical
Society; or
(5) any easements or other less-than-fee interests in
property appurtenant to existing Coast Guard facilities on lots
16 and 18.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 203. NEVADA NATIONAL GUARD LAND CONVEYANCE, CLARK COUNTY,
NEVADA.
(a) In General.--Notwithstanding any other provision of law, Clark
County, Nevada, may convey, without consideration, to the Nevada
Division of State Lands for use by the Nevada National Guard
approximately 51 acres of land in Clark County, Nevada, as generally
depicted on the map entitled ``Southern Nevada Readiness Center Act''
and dated October 4, 2005.
(b) Limitation.--If the land described in subsection (a) ceases to
be used by the Nevada National Guard, the land shall revert to Clark
County, Nevada, for management in accordance with the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2343).
[[Page 122 STAT. 768]]
TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Cooperative Agreements
SEC. 301. <<NOTE: 16 USC 1j.>> COOPERATIVE AGREEMENTS FOR
NATIONAL PARK NATURAL RESOURCE PROTECTION.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') may enter into cooperative agreements with
State, local, or tribal governments, other Federal agencies, other
public entities, educational institutions, private nonprofit
organizations, or participating private landowners for the purpose of
protecting natural resources of units of the National Park System
through collaborative efforts on land inside and outside of National
Park System units.
(b) Terms and Conditions.--A cooperative agreement entered into
under subsection (a) shall provide clear and direct benefits to park
natural resources and--
(1) provide for--
(A) the preservation, conservation, and restoration
of coastal and riparian systems, watersheds, and
wetlands;
(B) preventing, controlling, or eradicating invasive
exotic species that are within a unit of the National
Park System or adjacent to a unit of the National Park
System; or
(C) restoration of natural resources, including
native wildlife habitat or ecosystems;
(2) include a statement of purpose demonstrating how the
agreement will--
(A) enhance science-based natural resource
stewardship at the unit of the National Park System; and
(B) benefit the parties to the agreement;
(3) specify any staff required and technical assistance to
be provided by the Secretary or other parties to the agreement
in support of activities inside and outside the unit of the
National Park System that will--
(A) protect natural resources of the unit of the
National Park System; and
(B) benefit the parties to the agreement;
(4) identify any materials, supplies, or equipment and any
other resources that will be contributed by the parties to the
agreement or by other Federal agencies;
(5) describe any financial assistance to be provided by the
Secretary or the partners to implement the agreement;
(6) ensure that any expenditure by the Secretary pursuant to
the agreement is determined by the Secretary to support the
purposes of natural resource stewardship at a unit of the
National Park System; and
(7) include such other terms and conditions as are agreed to
by the Secretary and the other parties to the agreement.
(c) Limitations.--The Secretary shall not use any funds associated
with an agreement entered into under subsection (a) for the purposes of
land acquisition, regulatory activity, or the development, maintenance,
or operation of infrastructure, except for ancillary support facilities
that the Secretary determines to be necessary
[[Page 122 STAT. 769]]
for the completion of projects or activities identified in the
agreement.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle B--Boundary Adjustments and Authorizations
SEC. 311. <<NOTE: 16 USC 461 note.>> CARL SANDBURG HOME NATIONAL
HISTORIC SITE BOUNDARY ADJUSTMENT.
(a) Definitions.--In this section:
(1) Historic site.--The term ``Historic Site'' means Carl
Sandburg Home National Historic Site.
(2) Map.--The term ``map'' means the map entitled ``Sandburg
Center Alternative'' numbered 445/80,017 and dated April 2007.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Acquisition Authority.--The Secretary may acquire from willing
sellers by donation, purchase with donated or appropriated funds, or
exchange not more than 110 acres of land, water, or interests in land
and water, within the area depicted on the map, to be added to the
Historic Site.
(c) Visitor Center.--To preserve the historic character and
landscape of the site, the Secretary may also acquire up to five acres
for the development of a visitor center and visitor parking area
adjacent to or in the general vicinity of the Historic Site.
(d) Boundary Revision.--Upon acquisition of any land or interest in
land under this section, the Secretary shall revise the boundary of the
Historic Site to reflect the acquisition.
(e) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the National Park
Service.
(f) Administration.--Land added to the Historic Site by this section
shall be administered as part of the Historic Site in accordance with
applicable laws and regulations.
SEC. 312. <<NOTE: Massachusetts.>> LOWELL NATIONAL HISTORICAL
PARK BOUNDARY ADJUSTMENT.
The Act entitled ``An Act to provide for the establishment of the
Lowell National Historical Park in the Commonwealth of Massachusetts,
and for other purposes'' approved June 5, 1978 (Public Law 95-290; 92
Stat. 290; 16 U.S.C. 410cc et seq.) is amended as follows:
(1) In section 101(a), <<NOTE: 16 USC 410cc-11.>> by adding
a new paragraph after paragraph (2) as follows:
``(3) The boundaries of the park are modified to include
five parcels of land identified on the map entitled `Boundary
Adjustment, Lowell National Historical Park,' numbered 475/
81,424B and dated September 2004, and as delineated in section
202(a)(2)(G).''.
(2) In section 202(a)(2), <<NOTE: 16 USC 410cc-22.>> by
adding at the end the following new subparagraph:
``(G) The properties shown on the map identified in
subsection (101)(a)(3) as follows:
[[Page 122 STAT. 770]]
``(i) 91 Pevey Street.
``(ii) The portion of 607 Middlesex Place.
``(iii) Eagle Court.
``(iv) The portion of 50 Payne Street.
``(v) 726 Broadway.''.
SEC. 313. <<NOTE: Idaho. Washington. 16 USC 431 note, 461 note.>>
MINIDOKA NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Idaho.
(b) Bainbridge Island Japanese American Memorial.--
(1) Boundary adjustment.--
(A) In general.--The boundary of the Minidoka
Internment National Monument, located in the State and
established by Presidential Proclamation 7395 of January
17, 2001, is adjusted to include the Nidoto Nai Yoni
(``Let it not happen again'') memorial (referred to in
this subsection as the ``memorial''), which--
(i) commemorates the Japanese Americans of
Bainbridge Island, Washington, who were the first
to be forcibly removed from their homes and
relocated to internment camps during World War II
under Executive Order No. 9066; and
(ii) consists of approximately 8 acres of land
owned by the City of Bainbridge Island,
Washington, as depicted on the map entitled
``Bainbridge Island Japanese American Memorial'',
numbered 194/80,003, and dated September, 2006.
(B) Map.--The map referred to in subparagraph (A)
shall be kept on file and made available for public
inspection in the appropriate offices of the National
Park Service.
(2) Administration of memorial.--
(A) In general.--The memorial shall be administered
as part of the Minidoka Internment National Monument.
(B) Agreements.--To carry out this subsection, the
Secretary may enter into agreements with--
(i) the City of Bainbridge Island, Washington;
(ii) the Bainbridge Island Metropolitan Park
and Recreational District;
(iii) the Bainbridge Island Japanese American
Community Memorial Committee;
(iv) the Bainbridge Island Historical Society;
and
(v) other appropriate individuals or entities.
(C) Implementation.--To implement an agreement
entered into under this paragraph, the Secretary may--
(i) enter into a cooperative management
agreement relating to the operation and
maintenance of the memorial with the City of
Bainbridge Island, Washington, in accordance with
section 3(l) of Public law 91-383 (16 U.S.C. 1a-
2(l)); and
(ii) enter into cooperative agreements with,
or make grants to, the City of Bainbridge Island,
Washington, and other non-Federal entities for the
development of facilities, infrastructure, and
interpretive media at the memorial, if any Federal
funds provided
[[Page 122 STAT. 771]]
by a grant or through a cooperative agreement are
matched with non-Federal funds.
(D) Administration and visitor use site.--The
Secretary may operate and maintain a site in the State
of Washington for administrative and visitor use
purposes associated with the Minidoka Internment
National Monument.
(c) Establishment of Minidoka National Historic Site.--
(1) Definitions.--In this section:
(A) Historic site.--The term ``Historic Site'' means
the Minidoka National Historic Site established by
paragraph (2)(A).
(B) Minidoka map.--The term ``Minidoka Map'' means
the map entitled ``Minidoka National Historic Site,
Proposed Boundary Map'', numbered 194/80,004, and dated
December 2006.
(2) Establishment.--
(A) National historic site.--In order to protect,
preserve, and interpret the resources associated with
the former Minidoka Relocation Center where Japanese
Americans were incarcerated during World War II, there
is established the Minidoka National Historic Site.
(B) Minidoka internment national monument.--
(i) In general.--The <<NOTE: Abolished.>>
Minidoka Internment National Monument (referred to
in this subsection as the ``Monument''), as
described in Presidential Proclamation 7395 of
January 17, 2001, is abolished.
(ii) Incorporation.--The land and any
interests in the land at the Monument are
incorporated within, and made part of, the
Historic Site.
(iii) Funds.--Any funds available for purposes
of the Monument shall be available for the
Historic Site.
(C) References.--Any reference in a law (other than
in this title), map, regulation, document, record, or
other paper of the United States to the ``Minidoka
Internment National Monument'' shall be considered to be
a reference to the ``Minidoka National Historic Site''.
(3) Boundary of historic site.--
(A) Boundary.--The boundary of the Historic Site
shall include--
(i) approximately 292 acres of land, as
depicted on the Minidoka Map; and
(ii) approximately 8 acres of land, as
described in subsection (b)(1)(A)(ii).
(B) Availability of map.--The Minidoka Map shall be
on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) Land transfers and acquisition.--
(A) Transfer from bureau of reclamation.--
Administrative jurisdiction over the land identified on
the Minidoka Map as ``BOR parcel 1'' and ``BOR parcel
2'', including any improvements on, and appurtenances
to, the parcels, is transferred from the Bureau of
Reclamation to the National Park Service for inclusion
in the Historic Site.
(B) Transfer from bureau of land management.--
Administrative jurisdiction over the land identified on
the
[[Page 122 STAT. 772]]
Minidoka Map as ``Public Domain Lands'' is transferred
from the Bureau of Land Management to the National Park
Service for inclusion in the Historic Site, and the
portions of any prior Secretarial orders withdrawing the
land are revoked.
(C) Acquisition authority.--The Secretary may
acquire any land or interest in land located within the
boundary of the Historic Site, as depicted on the
Minidoka Map, by--
(i) donation;
(ii) purchase with donated or appropriated
funds from a willing seller; or
(iii) exchange.
(5) Administration.--
(A) In general.--The Historic Site shall be
administered in accordance with--
(i) this Act; and
(ii) laws (including regulations) generally
applicable to units of the National Park System,
including--
(I) the National Park Service
Organic Act (16 U.S.C. 1 et seq.); and
(II) the Act of August 21, 1935 (16
U.S.C. 461 et seq.).
(B) Interpretation and education.--
(i) In general.--The Secretary shall
interpret--
(I) the story of the relocation of
Japanese Americans during World War II
to the Minidoka Relocation Center and
other centers across the United States;
(II) the living conditions of the
relocation centers;
(III) the work performed by the
internees at the relocation centers; and
(IV) the contributions to the United
States military made by Japanese
Americans who had been interned.
(ii) Oral histories.--To the extent feasible,
the collection of oral histories and testimonials
from Japanese Americans who were confined shall be
a part of the interpretive program at the Historic
Site.
(iii) Coordination.--The Secretary shall
coordinate the development of interpretive and
educational materials and programs for the
Historic Site with the Manzanar National Historic
Site in the State of California.
(C) Bainbridge island japanese american memorial.--
The Bainbridge Island Japanese American Memorial shall
be administered in accordance with subsection (b)(2).
(D) Continued agricultural use.--In keeping with the
historical use of the land following the decommission of
the Minidoka Relocation Center, the Secretary may issue
a special use permit or enter into a lease to allow
agricultural uses within the Historic Site under
appropriate terms and conditions, as determined by the
Secretary.
(6) Disclaimer of interest in land.--
[[Page 122 STAT. 773]]
(A) In general.--The Secretary may issue to Jerome
County, Idaho, a document of disclaimer of interest in
land for the parcel identified as ``Tract No. 2''--
(i) in the final order of condemnation, for
the case numbered 2479, filed on January 31, 1947,
in the District Court of the United States, in and
for the District of Idaho, Southern Division; and
(ii) on the Minidoka Map.
(B) Process.--The Secretary shall issue the document
of disclaimer of interest in land under subsection (a)
in accordance with section 315(b) of Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1745(b)).
(C) Effect.--The issuance by the Secretary of the
document of disclaimer of interest in land under
subsection (a) shall have the same effect as a quit-
claim deed issued by the United States.
(d) Conveyance of American Falls Reservoir District Number 2.--
(1) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means
Agreement No. 5-07-10-L1688 between the United States
and the District, entitled ``Agreement Between the
United States and the American Falls Reservoir District
No. 2 to Transfer Title to the Federally Owned Milner-
Gooding Canal and Certain Property Rights, Title and
Interest to the American Falls Reservoir District No.
2''.
(B) District.--The term ``District'' means the
American Falls Reservoir District No. 2, located in
Jerome, Lincoln, and Gooding Counties, of the State.
(2) Authority to convey title.--
(A) In general.--In accordance with all applicable
law and the terms and conditions set forth in the
Agreement, the Secretary may convey--
(i) to the District all right, title, and
interest in and to the land and improvements
described in Appendix A of the Agreement, subject
to valid existing rights;
(ii) to the city of Gooding, located in
Gooding County, of the State, all right, title,
and interest in and to the 5.0 acres of land and
improvements described in Appendix D of the
Agreement; and
(iii) to the Idaho Department of Fish and Game
all right, title, and interest in and to the 39.72
acres of land and improvements described in
Appendix D of the Agreement.
(B) Compliance with agreement.--All parties to the
conveyance under subparagraph (A) shall comply with the
terms and conditions of the Agreement, to the extent
consistent with this section.
(3) Compliance with other laws.--
(A) In general.--On conveyance of the land and
improvements under paragraph (2)(A)(i), the District
shall comply with all applicable Federal, State, and
local laws (including regulations) in the operation of
each facility transferred.
(B) Applicable authority.--Nothing in this
subsection modifies or otherwise affects the
applicability of
[[Page 122 STAT. 774]]
Federal reclamation law (the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.)) to
project water provided to the District.
(4) Revocation of withdrawals.--
(A) In general.--The portions of the Secretarial
Orders dated March 18, 1908, October 7, 1908, September
29, 1919, October 22, 1925, March 29, 1927, July 23,
1927, and May 7, 1963, withdrawing the approximately
6,900 acres described in Appendix E of the Agreement for
the purpose of the Gooding Division of the Minidoka
Project, are revoked.
(B) Management of withdrawn land.--The Secretary,
acting through the Director of the Bureau of Land
Management, shall manage the withdrawn land described in
subparagraph (A) subject to valid existing rights.
(5) Liability.--
(A) In general.--Subject to subparagraph (B), upon
completion of a conveyance under paragraph (2), the
United States shall not be liable for damages of any
kind for any injury arising out of an act, omission, or
occurrence relating to the land (including any
improvements to the land) conveyed under the conveyance.
(B) Exception.--Subparagraph (A) shall not apply to
liability for damages resulting from an injury caused by
any act of negligence committed by the United States (or
by any officer, employee, or agent of the United States)
before the date of completion of the conveyance.
(C) Federal tort claims act.--Nothing in this
paragraph increases the liability of the United States
beyond that provided in chapter 171 of title 28, United
States Code.
(6) Future benefits.--
(A) Responsibility of the district.--After
completion of the conveyance of land and improvements to
the District under paragraph (2)(A)(i), and consistent
with the Agreement, the District shall assume
responsibility for all duties and costs associated with
the operation, replacement, maintenance, enhancement,
and betterment of the transferred land (including any
improvements to the land).
(B) Eligibility for federal funding.--
(i) In general.--Except as provided in clause
(ii), the District shall not be eligible to
receive Federal funding to assist in any activity
described in subparagraph (A) relating to land and
improvements transferred under paragraph
(2)(A)(i).
(ii) Exception.--Clause (i) shall not apply to
any funding that would be available to a similarly
situated nonreclamation district, as determined by
the Secretary.
(7) National environmental policy act.--Before completing
any conveyance under this subsection, the Secretary shall
complete all actions required under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
[[Page 122 STAT. 775]]
(C) the National Historic Preservation Act (16
U.S.C. 470 et seq.); and
(D) all other applicable laws (including
regulations).
(8) Payment.--
(A) Fair market value requirement.--As a condition
of the conveyance under paragraph (2)(A)(i), the
District shall pay the fair market value for the
withdrawn lands to be acquired by the District, in
accordance with the terms of the Agreement.
(B) Grant for building replacement.--As soon as
practicable after the date of enactment of this Act, and
in full satisfaction of the Federal obligation to the
District for the replacement of the structure in
existence on that date of enactment that is to be
transferred to the National Park Service for inclusion
in the Minidoka National Historic Site, the Secretary,
acting through the Commissioner of Reclamation, shall
provide to the District a grant in the amount of
$52,996, in accordance with the terms of the Agreement.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 314. ACADIA NATIONAL PARK IMPROVEMENT.
(a) Extension of Land Conveyance Authority.--Section 102(d) of
Public Law 99-420 (16 U.S.C. 341 note) is amended by striking paragraph
(2) and inserting the following:
``(2) Federally owned property under jurisdiction of the
Secretary referred to in paragraph (1) of this subsection shall
be conveyed to the towns in which the property is located
without encumbrance and without monetary consideration, except
that no town shall be eligible to receive such lands unless
lands within the Park boundary and owned by the town have been
conveyed to the Secretary.''.
(b) Extension of Acadia National Park Advisory Commission.--
(1) In general.--Section 103(f) of Public Law 99-420 (16
U.S.C. 341 note) is amended by striking ``20'' and inserting
``40''.
(2) <<NOTE: 16 USC 341 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect on September
25, 2006.
(c) Authorization of Appropriations.--Section 106 of Public Law 99-
420 (16 U.S.C. 341 note) is amended by adding the following:
``(c) Additional Funding.--In addition to such sums as have been
heretofore appropriated, there is hereby authorized $10,000,000 for
acquisition of lands and interests therein.''.
(d) Intermodal Transportation Center.--Title I of Public Law 99-420
(16 U.S.C. 341 note) is amended by adding at the end the following new
section:
``SEC. 108. INTERMODAL TRANSPORTATION CENTER.
``(a) In General.--The Secretary may provide assistance in the
planning, construction, and operation of an intermodal transportation
center located outside of the boundary of the Park in the town of
Trenton, Maine to improve the management, interpretation, and visitor
enjoyment of the Park.
[[Page 122 STAT. 776]]
``(b) Agreements.--To carry out subsection (a), in administering the
intermodal transportation center, the Secretary may enter into
interagency agreements with other Federal agencies, and, notwithstanding
chapter 63 of title 31, United States Code, cooperative agreements,
under appropriate terms and conditions, with State and local agencies,
and nonprofit organizations--
``(1) to provide exhibits, interpretive services (including
employing individuals to provide such services), and technical
assistance;
``(2) to conduct activities that facilitate the
dissemination of information relating to the Park and the Island
Explorer transit system or any successor transit system;
``(3) to provide financial assistance for the construction
of the intermodal transportation center in exchange for space in
the center that is sufficient to interpret the Park; and
``(4) to assist with the operation and maintenance of the
intermodal transportation center.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary not more than 40 percent of the total cost
necessary to carry out this section (including planning, design
and construction of the intermodal transportation center).
``(2) Operations and maintenance.--There are authorized to
be appropriated to the Secretary not more than 85 percent of the
total cost necessary to maintain and operate the intermodal
transportation center.''.
Subtitle C--Studies
SEC. 321. NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY, NEWTONIA
CIVIL WAR BATTLEFIELDS, MISSOURI.
(a) Special Resource Study.--The Secretary of the Interior shall
conduct a special resource study relating to the First Battle of
Newtonia in Newton County, Missouri, which occurred on September 30,
1862, and the Second Battle of Newtonia, which occurred on October 28,
1864, during the Missouri Expedition of Confederate General Sterling
Price in September and October 1864.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) evaluate the national significance of the Newtonia
battlefields and their related sites;
(2) consider the findings and recommendations contained in
the document entitled ``Vision Plan for Newtonia Battlefield
Preservation'' and dated June 2004, which was prepared by the
Newtonia Battlefields Protection Association;
(3) evaluate the suitability and feasibility of adding the
battlefields and related sites as part of Wilson's Creek
National Battlefield or designating the battlefields and related
sites as a unit of the National Park System;
(4) analyze the potential impact that the inclusion of the
battlefields and related sites as part of Wilson's Creek
National Battlefield or their designation as a unit of the
National Park System is likely to have on land within or
bordering the battlefields and related sites that is privately
owned at the time of the study is conducted;
[[Page 122 STAT. 777]]
(5) consider alternatives for preservation, protection, and
interpretation of the battlefields and related sites by the
National Park Service, other Federal, State, or local
governmental entities, or private and nonprofit organizations;
and
(6) identify cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives referred to in paragraph (5).
(c) Criteria.--The criteria for the study of areas for potential
inclusion in the National Park System contained in section 8 of Public
Law 91-383 (16 U.S.C. 1a-5) shall apply to the study under subsection
(a).
(d) Transmission to Congress.--Not <<NOTE: Deadline. Reports.>>
later than three years after the date on which funds are first made
available for the study under subsection (a), the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 322. <<NOTE: Missouri. Illinois.>> NATIONAL PARK SERVICE
STUDY REGARDING THE SOLDIERS' MEMORIAL
MILITARY MUSEUM.
(a) Findings.--Congress finds as follows:
(1) The Soldiers' Memorial is a tribute to all veterans
located in the greater St. Louis area, including Southern
Illinois.
(2) The current annual budget for the memorial is $185,000
and is paid for exclusively by the City of St. Louis.
(3) In 1923, the City of St. Louis voted to spend $6,000,000
to purchase a memorial plaza and building dedicated to citizens
of St. Louis who lost their lives in World War I.
(4) The purchase of the 7 block site exhausted the funds and
no money remained to construct a monument.
(5) In 1933, Mayor Bernard F. Dickmann appealed to citizens
and the city government to raise $1,000,000 to construct a
memorial building and general improvement of the plaza area and
the construction of Soldiers' Memorial began on October 21,
1935.
(6) On October 14, 1936, President Franklin D. Roosevelt
officially dedicated the site.
(7) On Memorial Day in 1938, Mayor Dickmann opened the
building to the public.
(b) Study.--The Secretary of the Interior shall carry out a study to
determine the suitability and feasibility of designating the Soldiers'
Memorial Military Museum, located at 1315 Chestnut, St. Louis, Missouri,
as a unit of the National Park System.
(c) Study Process and Completion.--Section <<NOTE: Applicability.>>
8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) shall apply to the conduct
and completion of the study required by this section.
(d) Report.--The Secretary shall submit a report describing the
results the study required by this section to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
SEC. 323. <<NOTE: Arkansas.>> WOLF HOUSE STUDY.
(a) In General.--The Secretary shall complete a special resource
study of the Wolf House located on Highway 5 in Norfork, Arkansas, to
determine--
[[Page 122 STAT. 778]]
(1) the suitability and feasibility of designating the Wolf
House as a unit of the National Park System; and
(2) the methods and means for the protection and
interpretation of the Wolf House by the National Park Service,
other Federal, State, or local government entities or private or
non-profit organizations.
(b) Study Requirements.--The Secretary shall conduct the study in
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5).
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
SEC. 324. <<NOTE: Texas.>> SPACE SHUTTLE COLUMBIA STUDY.
(a) Definitions.--In this section:
(1) Memorial.--The term ``memorial'' means a memorial to the
Space Shuttle Columbia that is subject to the study in
subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Study of Suitability and Feasibility of Establishing Memorials
to the Space Shuttle Columbia.--
(1) In general.--Not <<NOTE: Deadline.>> later than 3 years
after the date on which funds are made available, the Secretary
shall conduct a special resource study to determine the
feasibility and suitability of establishing a memorial as a unit
or units of the National Park System to the Space Shuttle
Columbia on land in the State of Texas described in paragraph
(2) on which large debris from the Shuttle was recovered.
(2) Description of land.--The parcels of land referred to in
paragraph (1) are--
(A) the parcel of land owned by the Fredonia
Corporation, located at the southeast corner of the
intersection of East Hospital Street and North Fredonia
Street, Nacogdoches, Texas;
(B) the parcel of land owned by Temple Inland Inc.,
10 acres of a 61-acre tract bounded by State Highway 83
and Bayou Bend Road, Hemphill, Texas;
(C) the parcel of land owned by the city of Lufkin,
Texas, located at City Hall Park, 301 Charlton Street,
Lufkin, Texas; and
(D) the parcel of land owned by San Augustine
County, Texas, located at 1109 Oaklawn Street, San
Augustine, Texas.
(3) Additional sites.--The Secretary may recommend to
Congress additional sites in the State of Texas relating to the
Space Shuttle Columbia for establishment as memorials to the
Space Shuttle Columbia.
SEC. 325. <<NOTE: Arizona. California. Deadline.>> CESAR E.
CHAVEZ STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary of the
Interior (referred to in this section as the ``Secretary'')
[[Page 122 STAT. 779]]
shall complete a special resource study of sites in the State of
Arizona, the State of California, and other States that are significant
to the life of Cesar E. Chavez and the farm labor movement in the
western United States to determine--
(1) appropriate methods for preserving and interpreting the
sites; and
(2) whether any of the sites meets the criteria for listing
on the National Register of Historic Places or designation as a
national historic landmark under--
(A) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.); or
(B) the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(b) Requirements.--In conducting the study under subsection (a), the
Secretary shall--
(1) consider the criteria for the study of areas for
potential inclusion in the National Park System under section
8(b)(2) of Public Law 91-383 (16 U.S.C. 1a-5(b)(2)); and
(2) consult with--
(A) the Cesar E. Chavez Foundation;
(B) the United Farm Workers Union; and
(C) State and local historical associations and
societies, including any State historic preservation
offices in the State in which the site is located.
(c) Report.--On completion of the study, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
that describes--
(1) the findings of the study; and
(2) any recommendations of the Secretary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 326. TAUNTON, MASSACHUSETTS, SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary''), in consultation with the appropriate
State historic preservation officers, State historical societies, the
city of Taunton, Massachusetts, and other appropriate organizations,
shall conduct a special resources study regarding the suitability and
feasibility of designating certain historic buildings and areas in
Taunton, Massachusetts, as a unit of the National Park System. The study
shall be conducted and completed in accordance with section 8(c) of
Public Law 91-383 (16 U.S.C. 1a-5(c)) and shall include analysis,
documentation, and determinations regarding whether the historic areas
in Taunton--
(1) can be managed, curated, interpreted, restored,
preserved, and presented as an organic whole under management by
the National Park Service or under an alternative management
structure;
(2) have an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use;
(3) reflect traditions, customs, beliefs, and historical
events that are valuable parts of the national story;
[[Page 122 STAT. 780]]
(4) provide outstanding opportunities to conserve natural,
historic, cultural, architectural, or scenic features;
(5) provide outstanding recreational and educational
opportunities; and
(6) can be managed by the National Park Service in
partnership with residents, business interests, nonprofit
organizations, and State and local governments to develop a unit
of the National Park System consistent with State and local
economic activity.
(b) Report.--Not later than 3 fiscal years after the date on which
funds are first made available for this section, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate a report on the findings, conclusions, and recommendations of the
study required under subsection (a).
(c) Private Property.--The recommendations in the report submitted
pursuant to subsection (b) shall include discussion and consideration of
the concerns expressed by private landowners with respect to designating
certain structures referred to in this section as a unit of the National
Park System.
SEC. 327. <<NOTE: California.>> RIM OF THE VALLEY CORRIDOR STUDY.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall complete a special resource study of
the area known as the Rim of the Valley Corridor, generally including
the mountains encircling the San Fernando, La Crescenta, Santa Clarita,
Simi, and Conejo Valleys in California, to determine--
(1) the suitability and feasibility of designating all or a
portion of the corridor as a unit of the Santa Monica Mountains
National Recreation Area; and
(2) the methods and means for the protection and
interpretation of this corridor by the National Park Service,
other Federal, State, or local government entities or private or
non-profit organizations.
(b) Documentation.--In conducting the study authorized under
subsection (a), the Secretary shall document--
(1) the process used to develop the existing Santa Monica
Mountains National Recreation Area Fire Management Plan and
Environmental Impact Statement (September 2005); and
(2) all activity conducted pursuant to the plan referred to
in paragraph (1) designed to protect lives and property from
wildfire.
(c) Study Requirements.--The Secretary shall conduct the study in
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5).
(d) Report.--Not later than 3 years after the date on which funds
are made available to carry out this title, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
[[Page 122 STAT. 781]]
Subtitle D--Memorials, Commissions, and Museums
SEC. 331. <<NOTE: District of Columbia. 40 USC 8903 note.>>
COMMEMORATIVE WORK TO HONOR BRIGADIER
GENERAL FRANCIS MARION AND HIS FAMILY.
(a) Findings.--The Congress finds the following:
(1) Francis Marion was born in 1732 in St. John's Parish,
Berkeley County, South Carolina. He married Mary Esther Videau
on April 20th, 1786. Francis and Mary Esther Marion had no
children, but raised a son of a relative as their own, and gave
the child Francis Marion's name.
(2) Brigadier General Marion commanded the Williamsburg
Militia Revolutionary force in South Carolina and was
instrumental in delaying the advance of British forces by
leading his troops in disrupting supply lines.
(3) Brigadier General Marion's tactics, which were unheard
of in rules of warfare at the time, included lightning raids on
British convoys, after which he and his forces would retreat
into the swamps to avoid capture. British Lieutenant Colonel
Tarleton stated that ``as for this damned old swamp fox, the
devil himself could not catch him''. Thus, the legend of the
``Swamp Fox'' was born.
(4) His victory at the Battle of Eutaw Springs in September
of 1781 was officially recognized by Congress.
(5) Brigadier General Marion's troops are believed to be the
first racially integrated force fighting for the United States,
as his band was a mix of Whites, Blacks, both free and slave,
and Native Americans.
(6) As a statesman, he represented his parish in the South
Carolina senate as well as his State at the Constitutional
Convention.
(7) Although the Congress has authorized the establishment
of commemorative works on Federal lands in the District of
Columbia honoring such celebrated Americans as George
Washington, Thomas Jefferson, and Abraham Lincoln, the National
Capital has no comparable memorial to Brigadier General Francis
Marion for his bravery and leadership during the Revolutionary
War, without which the United States would not exist.
(8) Brigadier General Marion's legacy must live on. Since
1878, United States Reservation 18 has been officially referred
to as Marion Park. Located between 4th and 6th Streets, S.E., at
the intersection of E Street and South Carolina Avenue, S.E., in
Washington, DC, the park lacks a formal commemoration to this
South Carolina hero who was important to the initiation of the
Nation's heritage.
(9) The time has come to correct this oversight so that
future generations of Americans will know and understand the
preeminent historical and lasting significance to the Nation of
Brigadier General Marion's contributions. Such a South Carolina
hero deserves to be given the proper recognition.
(b) Authority To Establish Commemorative Work.--The Marion Park
Project, a committee of the Palmetto Conservation Foundation, may
establish a commemorative work on Federal land in the District of
Columbia and its environs to honor Brigadier General Francis Marion and
his service.
[[Page 122 STAT. 782]]
(c) Compliance With Standards for Commemorative Works.--The
commemorative work authorized by subsection (b) shall be established in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(d) Use of Federal Funds Prohibited.--Federal funds may not be used
to pay any expense of the establishment of the commemorative work
authorized by subsection (b). The Marion Park Project, a committee of
the Palmetto Conservation Foundation, shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
establishment of that commemorative work.
(e) Deposit of Excess Funds.--If, upon payment of all expenses of
the establishment of the commemorative work authorized by subsection (b)
(including the maintenance and preservation amount provided for in
section 8906(b) of title 40, United States Code), or upon expiration of
the authority for the commemorative work under chapter 89 of title 40,
United States Code, there remains a balance of funds received for the
establishment of that commemorative work, the Marion Park Project, a
committee of the Palmetto Conservation Foundation, shall transmit the
amount of the balance to the Secretary of the Treasury for deposit in
the account provided for in section 8906(b)(1) of such title.
(f) Definitions.--For the purposes of this section, the terms
``commemorative work'' and ``the District of Columbia and its environs''
have the meanings given to such terms in section 8902(a) of title 40,
United States Code.
SEC. 332. <<NOTE: 40 USC 8903 note.>> DWIGHT D. EISENHOWER
MEMORIAL COMMISSION.
Section 8162 of the Department of Defense Appropriations Act, 2000
(Public Law 106-79; 113 Stat. 1274) <<NOTE: 16 USC 431 note.>> is
amended--
(1) by striking subsection (j) and inserting the following:
``(j) Powers of the Commission.--
``(1) In general.--
``(A) Powers.--The Commission may--
``(i) make such expenditures for services and
materials for the purpose of carrying out this
section as the Commission considers advisable from
funds appropriated or received as gifts for that
purpose;
``(ii) solicit and accept contributions to be
used in carrying out this section or to be used in
connection with the construction or other expenses
of the memorial;
``(iii) hold hearings and enter into
contracts;
``(iv) enter into contracts for specialized or
professional services as necessary to carry out
this section; and
``(v) take such actions as are necessary to
carry out this section.
``(B) Specialized or professional services.--
Services under subparagraph (A)(iv) may be--
``(i) obtained without regard to the
provisions of title 5, United States Code,
including section 3109 of that title; and
``(ii) may be paid without regard to the
provisions of title 5, United States Code,
including chapter 51 and subchapter III of chapter
53 of that title.
[[Page 122 STAT. 783]]
``(2) Gifts of property.--The Commission may accept gifts of
real or personal property to be used in carrying out this
section, including to be used in connection with the
construction or other expenses of the memorial.
``(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide any
information or other assistance to the Commission that the head
of the Federal department or agency determines to be
appropriate.
``(4) Powers of members and agents.--
``(A) In general.--If authorized by the Commission,
any member or agent of the Commission may take any
action that the Commission is authorized to take under
this section.
``(B) Architect.--The Commission may appoint an
architect as an agent of the Commission to--
``(i) represent the Commission on various
governmental source selection and planning boards
on the selection of the firms that will design and
construct the memorial; and
``(ii) perform other duties as designated by
the Chairperson of the Commission.
``(C) Treatment.--An authorized member or agent of
the Commission (including an individual appointed under
subparagraph (B)) providing services to the Commission
shall be considered an employee of the Federal
Government in the performance of those services for the
purposes of chapter 171 of title 28, United States Code,
relating to tort claims.
``(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Commission.'';
(2) by redesignating subsection (o) as subsection (q); and
(3) by adding after subsection (n) the following:
``(o) Staff and Support Services.--
``(1) <<NOTE: Appointment.>> Executive director.--There
shall be an Executive Director appointed by the Commission to be
paid at a rate not to exceed the maximum rate of basic pay for
level IV of the Executive Schedule.
``(2) Staff.--
``(A) In general.--The staff of the Commission may
be appointed and terminated without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title, relating to
classification and General Schedule pay rates, except
that an individual appointed under this paragraph may
not receive pay in excess of the maximum rate of basic
pay for GS-15 of the General Schedule.
``(B) Senior staff.--Notwithstanding subparagraph
(A), not more than 3 staff employees of the Commission
(in addition to the Executive Director) may be paid at a
rate not to exceed the maximum rate of basic pay for
level IV of the Executive Schedule.
[[Page 122 STAT. 784]]
``(3) Staff of federal agencies.--On request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of the department or agency to the
Commission to assist the Commission to carry out its duties
under this section.
``(4) Federal support.--The Commission shall obtain
administrative and support services from the General Services
Administration on a reimbursable basis. The Commission may use
all contracts, schedules, and acquisition vehicles allowed to
external clients through the General Services Administration.
``(5) Cooperative agreements.--The Commission may enter into
cooperative agreements with Federal agencies, State, local,
tribal and international governments, and private interests and
organizations which will further the goals and purposes of this
section.
``(6) Temporary, intermittent, and part-time services.--
``(A) In general.--The Commission may obtain
temporary, intermittent, and part-time services under
section 3109 of title 5, United States Code, at rates
not to exceed the maximum annual rate of basic pay
payable under section 5376 of that title.
``(B) Non-applicability to certain services.--This
paragraph shall not apply to services under subsection
(j)(1)(A)(iv).
``(7) Volunteer services.--
``(A) In general.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept
and utilize the services of volunteers serving without
compensation.
``(B) Reimbursement.--The Commission may reimburse
such volunteers for local travel and office supplies,
and for other travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of
title 5, United States Code.
``(C) Liability.--
``(i) In general.--Subject to clause (ii), a
volunteer described in subparagraph (A) shall be
considered to be a volunteer for purposes of the
Volunteer Protection Act of 1997 (42 U.S.C. 14501
et seq.).
``(ii) Exception.--Section 4(d) of the
Volunteer Protection Act of 1997 (42 U.S.C.
14503(d)) shall not apply for purposes of a claim
against a volunteer described in subparagraph (A).
``(p) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.''.
SEC. 333. COMMISSION TO STUDY THE POTENTIAL CREATION OF A NATIONAL
MUSEUM OF THE AMERICAN LATINO.
(a) Establishment of Commission.--
(1) In general.--There is established the Commission to
Study the Potential Creation of a National Museum of the
American Latino (hereafter in this section referred to as the
``Commission'').
[[Page 122 STAT. 785]]
(2) Membership.--The <<NOTE: Deadline.>> Commission shall
consist of 23 members appointed not later than 6 months after
the date of enactment of this Act as follows:
(A) <<NOTE: President.>> The President shall
appoint 7 voting members.
(B) The Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the
Majority Leader of the Senate, and the Minority Leader
of the Senate shall each appoint 3 voting members.
(C) In addition to the members appointed under
subparagraph (B), the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, and
the Minority Leader of the Senate shall each appoint 1
nonvoting member.
(3) Qualifications.--Members of the Commission shall be
chosen from among individuals, or representatives of
institutions or entities, who possess either--
(A) a demonstrated commitment to the research,
study, or promotion of American Latino life, art,
history, political or economic status, or culture,
together with--
(i) expertise in museum administration;
(ii) expertise in fundraising for nonprofit or
cultural institutions;
(iii) experience in the study and teaching of
Latino culture and history at the post-secondary
level;
(iv) experience in studying the issue of the
Smithsonian Institution's representation of
American Latino art, life, history, and culture;
or
(v) extensive experience in public or elected
service; or
(B) experience in the administration of, or the
planning for the establishment of, museums devoted to
the study and promotion of the role of ethnic, racial,
or cultural groups in American history.
(b) Functions of the Commission.--
(1) Plan of action for establishment and maintenance of
museum.--The <<NOTE: Reports.>> Commission shall submit a
report to the President and the Congress containing its
recommendations with respect to a plan of action for the
establishment and maintenance of a National Museum of the
American Latino in Washington, DC (hereafter in this section
referred to as the ``Museum'').
(2) Fundraising plan.--The Commission shall develop a
fundraising plan for supporting the creation and maintenance of
the Museum through contributions by the American people, and a
separate plan on fundraising by the American Latino community.
(3) Report on issues.--The Commission shall examine (in
consultation with the Secretary of the Smithsonian Institution),
and submit a report to the President and the Congress on, the
following issues:
(A) The availability and cost of collections to be
acquired and housed in the Museum.
(B) The impact of the Museum on regional Hispanic-
and Latino-related museums.
(C) Possible locations for the Museum in Washington,
DC and its environs, to be considered in consultation
with the National Capital Planning Commission and the
[[Page 122 STAT. 786]]
Commission of Fine Arts, the Department of the Interior
and Smithsonian Institution.
(D) Whether the Museum should be located within the
Smithsonian Institution.
(E) The governance and organizational structure from
which the Museum should operate.
(F) How to engage the American Latino community in
the development and design of the Museum.
(G) The cost of constructing, operating, and
maintaining the Museum.
(4) <<NOTE: Recommenda- tions.>> Legislation to carry out
plan of action.--Based on the recommendations contained in the
report submitted under paragraph (1) and the report submitted
under paragraph (3), the Commission shall submit for
consideration to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
House Administration of the House of Representatives, the
Committee on Rules and Administration of the Senate, the
Committee on Natural Resources of the House of Representatives,
the Committee on Energy and Natural Resources of the Senate, and
the Committees on Appropriations of the House of Representatives
and the Senate recommendations for a legislative plan of action
to create and construct the Museum.
(5) National conference.--In <<NOTE: Deadline.>> carrying
out its functions under this section, the Commission may convene
a national conference on the Museum, comprised of individuals
committed to the advancement of American Latino life, art,
history, and culture, not later than 18 months after the
commission members are selected.
(c) Administrative Provisions.--
(1) Facilities and support of department of the interior.--
The Department of the Interior shall provide from funds
appropriated for this purpose administrative services,
facilities, and funds necessary for the performance of the
Commission's functions. These funds shall be made available
prior to any meetings of the Commission.
(2) Compensation.--Each member of the Commission who is not
an officer or employee of the Federal Government may receive
compensation for each day on which the member is engaged in the
work of the Commission, at a daily rate to be determined by the
Secretary of the Interior.
(3) Travel expenses.--Each member shall be entitled to
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(4) Federal advisory committee act.--
The <<NOTE: Applicability.>> Commission is not subject to the
provisions of the Federal Advisory Committee Act.
(d) Deadline for Submission of Reports; Termination.--
(1) Deadline.--The Commission shall submit final versions of
the reports and plans required under subsection (b) not later
than 24 months after the date of the Commission's first meeting.
(2) Termination.--The Commission shall terminate not later
than 30 days after submitting the final versions of reports and
plans pursuant to paragraph (1).
[[Page 122 STAT. 787]]
(e) Authorization of Appropriations.--There are authorized to be
appropriated for carrying out the activities of the Commission
$2,100,000 for the first fiscal year beginning after the date of
enactment of this Act and $1,100,000 for the second fiscal year
beginning after the date of enactment of this Act.
SEC. 334. HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL COMMEMORATION
COMMISSION.
(a) Coordination.--Each commission established under this section
shall coordinate with the other respective commission established under
this section to ensure that commemorations of Henry Hudson, Robert
Fulton, and Samuel de Champlain are--
(1) consistent with the plans and programs of the
commemorative commissions established by the States of New York
and Vermont; and
(2) well-organized and successful.
(b) Definitions.--In this section:
(1) Champlain commemoration.--The term ``Champlain
commemoration'' means the commemoration of the 400th anniversary
of the voyage of Samuel de Champlain.
(2) Champlain commission.--The term ``Champlain Commission''
means the Champlain Quadricentennial Commemoration Commission
established by subsection (c)(1).
(3) Commission.--The term ``Commission'' means each of the
Champlain Commission and the Hudson-Fulton Commission.
(4) Hudson-fulton commemoration.--The term ``Hudson-Fulton
commemoration'' means the commemoration of--
(A) the 200th anniversary of the voyage of Robert
Fulton in the Clermont; and
(B) the 400th anniversary of the voyage of Henry
Hudson in the Half Moon.
(5) Hudson-fulton commission.--The term ``Hudson-Fulton
Commission'' means the Hudson-Fulton 400th Commemoration
Commission established by subsection (d)(1).
(6) Lake champlain basin program.--The term ``Lake Champlain
Basin Program'' means the partnership established by section 120
of the Federal Water Pollution Control Act (33 U.S.C. 1270)
between the States of New York and Vermont and Federal agencies
to carry out the Lake Champlain management plan entitled,
``Opportunities for Action: An Evolving Plan for the Lake
Champlain Basin''.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Champlain Commission.--
(1) In general.--There is established a commission to be
known as the ``Champlain Quadricentennial Commemoration
Commission''.
(2) Membership.--
(A) Composition.--The Champlain Commission shall be
composed of 10 members, of whom--
(i) 1 member shall be the Director of the
National Park Service (or a designee);
(ii) 4 members shall be appointed by the
Secretary from among individuals who, on the date
of enactment of this Act, are--
[[Page 122 STAT. 788]]
(I) serving as members of the
Hudson-Fulton-Champlain Quadricentennial
Commission of the State of New York; and
(II) residents of Champlain Valley,
New York;
(iii) 4 members shall be appointed by the
Secretary from among individuals who, on the date
of enactment of this Act, are--
(I) serving as members of the Lake
Champlain Quadricentennial Commission of
the State of Vermont; and
(II) residents of the State of
Vermont; and
(iv) 1 member shall be appointed by the
Secretary, and shall be an individual who has--
(I) an interest in, support for, and
expertise appropriate with respect to,
the Champlain commemoration; and
(II) knowledge relating to the
history of the Champlain Valley.
(B) Term; vacancies.--
(i) Term.--A member of the Champlain
Commission shall be appointed for the life of the
Champlain Commission.
(ii) Vacancies.--A vacancy on the Champlain
Commission shall be filled in the same manner in
which the original appointment was made.
(3) Duties.--The Champlain Commission shall--
(A) plan, develop, and execute programs and
activities appropriate to commemorate the 400th
anniversary of the voyage of Samuel de Champlain, the
first European to discover and explore Lake Champlain;
(B) facilitate activities relating to the Champlain
Quadricentennial throughout the United States;
(C) coordinate the activities of the Champlain
Commission with--
(i) State commemoration commissions;
(ii) appropriate Federal agencies;
(iii) the Lake Champlain Basin Program;
(iv) the National Endowment for the Arts; and
(v) the Smithsonian Institution;
(D) encourage civic, patriotic, historical,
educational, artistic, religious, economic, and other
organizations throughout the United States to organize
and participate in anniversary activities to expand the
understanding and appreciation of the significance of
the voyage of Samuel de Champlain;
(E) provide technical assistance to States,
localities, and nonprofit organizations to further the
Champlain commemoration;
(F) coordinate and facilitate for the public
scholarly research on, publication about, and
interpretation of, the voyage of Samuel de Champlain;
(G) ensure that the Champlain 2009 anniversary
provides a lasting legacy and a long-term public benefit
by assisting in the development of appropriate programs
and facilities;
(H) help ensure that the observances of the voyage
of Samuel de Champlain are inclusive and appropriately
[[Page 122 STAT. 789]]
recognize the experiences and heritage of all people
present when Samuel de Champlain arrived in the
Champlain Valley; and
(I) consult and coordinate with the Lake Champlain
Basin Program and other relevant organizations to plan
and develop programs and activities to commemorate the
voyage of Samuel de Champlain.
(d) Establishment of Hudson-Fulton Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Hudson-Fulton 400th Commemoration Commission''.
(2) Membership.--
(A) Composition.--The Hudson-Fulton Commission shall
be composed of 15 members, of whom--
(i) 1 member shall be the Director of the
National Park Service (or a designee);
(ii) 1 member shall be appointed by the
Secretary, after considering the recommendation of
the Governor of the State of New York;
(iii) 6 members shall be appointed by the
Secretary, after considering the recommendations
of the Members of the House of Representatives
whose districts encompass the Hudson River Valley;
(iv) 2 members shall be appointed by the
Secretary, after considering the recommendations
of the Members of the Senate from the State of New
York;
(v) 2 members shall be--
(I) appointed by the Secretary; and
(II) individuals who have an
interest in, support for, and expertise
appropriate with respect to, the Hudson-
Fulton commemoration, of whom--
(aa) 1 member shall be an
individual with expertise in the
Hudson River Valley National
Heritage Area; and
(bb) 1 member shall be an
individual with expertise in the
State of New York, as it relates
to the Hudson-Fulton
commemoration;
(vi) 1 member shall be the Chairperson of a
commemorative commission formed by the State of
New York (or the designee of the Chairperson); and
(vii) 2 members shall be appointed by the
Secretary, after--
(I) considering the recommendation
of the Mayor of the city of New York;
and
(II) consulting the Members of the
House of Representatives whose districts
encompass the city of New York.
(B) Term; vacancies.--
(i) Term.--A member of the Hudson-Fulton
Commission shall be appointed for the life of the
Hudson-Fulton Commission.
(ii) Vacancies.--A vacancy on the Hudson-
Fulton Commission shall be filled in the same
manner in which the original appointment was made.
(3) Duties.--The Hudson-Fulton Commission shall--
(A) plan, develop, and execute programs and
activities appropriate to commemorate--
[[Page 122 STAT. 790]]
(i) the 400th anniversary of the voyage of
Henry Hudson, the first European to sail up the
Hudson River; and
(ii) the 200th anniversary of the voyage of
Robert Fulton, the first person to use steam
navigation on a commercial basis;
(B) facilitate activities relating to the Hudson-
Fulton-Champlain Quadricentennial throughout the United
States;
(C) coordinate the activities of the Hudson-Fulton
Commission with--
(i) State commemoration commissions;
(ii) appropriate Federal agencies;
(iii) the National Park Service, with respect
to the Hudson River Valley National Heritage Area;
(iv) the American Heritage Rivers Initiative
Interagency Committee established by Executive
Order 13061, dated September 11, 1997;
(v) the National Endowment for the Humanities;
(vi) the National Endowment for the Arts; and
(vii) the Smithsonian Institution;
(D) encourage civic, patriotic, historical,
educational, artistic, religious, economic, and other
organizations throughout the United States to organize
and participate in anniversary activities to expand the
understanding and appreciation of the significance of
the voyages of Henry Hudson and Robert Fulton;
(E) provide technical assistance to States,
localities, and nonprofit organizations to further the
Hudson-Fulton commemoration;
(F) coordinate and facilitate for the public
scholarly research on, publication about, and
interpretation of, the voyages of Henry Hudson and
Robert Fulton;
(G) ensure that the Hudson-Fulton 2009
commemorations provide a lasting legacy and long-term
public benefit by assisting in the development of
appropriate programs and facilities; and
(H) help ensure that the observances of Henry Hudson
are inclusive and appropriately recognize the
experiences and heritage of all people present when
Henry Hudson sailed the Hudson River.
(e) Commission Meetings.--
(1) Initial meeting.--Not <<NOTE: Deadline.>> later than 30
days after the date on which all members of a commission
established under this section have been appointed, the
applicable Commission shall hold an initial meeting.
(2) Meetings.--A commission established under this section
shall meet--
(A) at least twice each year; or
(B) at the call of the Chairperson or the majority
of the members of the Commission.
(3) Quorum.--A majority of voting members shall constitute a
quorum, but a lesser number may hold meetings.
(4) Chairperson and vice chairperson.--
(A) Election.--The Commission shall elect the
Chairperson and the Vice Chairperson of the Commission
on an annual basis.
[[Page 122 STAT. 791]]
(B) Absence of the chairperson.--The Vice
Chairperson shall serve as the Chairperson in the
absence of the Chairperson.
(5) Voting.--A commission established under this section
shall act only on an affirmative vote of a majority of the
voting members of the applicable Commission.
(f) Commission Powers.--
(1) Gifts.--The Commission may solicit, accept, use, and
dispose of gifts, bequests, or devises of money or other
property for aiding or facilitating the work of the Commission.
(2) Appointment of advisory committees.--The Commission may
appoint such advisory committees as the Commission determines to
be necessary to carry out this section.
(3) Authorization of action.--The Commission may authorize
any member or employee of the Commission to take any action that
the Commission is authorized to take under this section.
(4) Procurement.--
(A) In general.--The Commission may procure
supplies, services, and property, and make or enter into
contracts, leases, or other legal agreements, to carry
out this section (except that a contract, lease, or
other legal agreement made or entered into by the
Commission shall not extend beyond the date of
termination of the Commission).
(B) Limitation.--The Commission may not purchase
real property.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions as
other agencies of the Federal Government.
(6) Grants.--
(A) Champlain commission.--The Champlain Commission
may make grants in amounts not to exceed $20,000--
(i) to communities, nonprofit organizations,
and State commemorative commissions to develop
programs to assist in the Champlain commemoration;
and
(ii) to research and scholarly organizations
to research, publish, or distribute information
relating to the early history of the voyage of
Samuel de Champlain.
(B) Hudson-fulton commission.--The Hudson-Fulton
Commission may make grants in amounts not to exceed
$20,000--
(i) to communities, nonprofit organizations,
and State commemorative commissions to develop
programs to assist in the Hudson-Fulton
commemoration; and
(ii) to research and scholarly organizations
to research, publish, or distribute information
relating to the early history of the voyages of
Henry Hudson and Robert Fulton.
(7) Technical assistance.--The Commission shall provide
technical assistance to States, localities, and nonprofit
organizations to further the Champlain commemoration and Hudson-
Fulton commemoration, as applicable.
(8) Coordination and consultation with lake champlain basin
program.--The Champlain Commission shall
[[Page 122 STAT. 792]]
coordinate and consult with the Lake Champlain Basin Program to
provide grants and technical assistance under paragraphs (6)(A)
and (7) for the development of activities commemorating the
voyage of Samuel de Champlain.
(g) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Commission shall serve without
compensation.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in the performance of the duties of the Commission.
(3) Staff.--The Commission may, without regard to the civil
service laws (including regulations), appoint and terminate an
Executive Director and such other additional personnel as are
necessary to enable the Commission to perform the duties of the
Commission.
(4) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Commission may fix the compensation of the
Executive Director and other personnel without regard to
the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates.
(B) Maximum rate of pay.--The rate of pay for the
Executive Director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(5) Detail of government employees.--
(A) Federal employees.--
(i) In general.--At the request of the
Commission, the head of any Federal agency may
detail, on a reimbursable or nonreimbursable
basis, any of the personnel of the agency to the
Commission to assist the Commission in carrying
out the duties of the Commission under this
section.
(ii) Civil service status.--The detail of an
employee under clause (i) shall be without
interruption or loss of civil service status or
privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel detailed
from the State of New York or the State of
Vermont, as appropriate (including subdivisions of
the States); and
(ii) reimburse the State of New York or the
State of Vermont for services of detailed
personnel.
(C) Lake champlain basin program employees.--The
Champlain Commission may--
(i) accept the services of personnel detailed
from the Lake Champlain Basin Program; and
[[Page 122 STAT. 793]]
(ii) reimburse the Lake Champlain Basin
Program for services of detailed personnel.
(D) Procurement of temporary and intermittent
services.--The Commission may procure temporary and
intermittent services in accordance with section 3109(b)
of title 5, United States Code, at rates for individuals
that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of that title.
(6) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission may
accept and use voluntary and uncompensated services as the
Commission determines necessary.
(7) Support services.--The Secretary shall provide to the
Commission, on a reimbursable basis, such administrative support
services as the Commission may request.
(8) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(h) Reports.--Not later than September 30, 2010, the Commission
shall submit to the Secretary a report that contains--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by the
Commission; and
(3) the findings and recommendations of the Commission.
(i) Termination of Commissions.--
(1) Date of termination.--The Commission shall terminate on
December 31, 2010.
(2) Transfer of documents and materials.--Before the date of
termination specified in paragraph (1), the Commission shall
transfer all of its documents and materials of the Commission to
the National Archives or another appropriate Federal entity.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section for each of fiscal years 2008 through
2011--
(A) $500,000 to the Champlain Commission; and
(B) $500,000 to the Hudson-Fulton Commission.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
SEC. 335. SENSE OF CONGRESS REGARDING THE DESIGNATION OF THE
MUSEUM OF THE AMERICAN QUILTER'S SOCIETY
OF THE UNITED STATES.
(a) Findings.--Congress finds that--
(1) the Museum of the American Quilter's Society is the
largest quilt museum in the world, with a total of 13,400 square
feet of exhibition space and more than 150 quilts exhibited
year-round in its 3 galleries;
(2) the mission of the Museum is to educate the local,
national, and international public about the art, history, and
heritage of quiltmaking;
(3) quilts in the Museum's permanent collection are made by
quilters from 44 of the 50 States and many foreign countries;
[[Page 122 STAT. 794]]
(4) the Museum, centrally located in Paducah, Kentucky, and
open to the public year-round, averages 40,000 visitors per
year;
(5) individuals from all 50 States and from more than 25
foreign countries have visited the Museum;
(6) the Museum's Friends, an organization dedicated to
supporting and sustaining the Museum, also has members in all 50
States, with 84 percent of members living more than 60 miles
from the Museum;
(7) many members of the Museum's Friends have supported the
Museum annually since the Museum began in 1991;
(8) quilts exhibited in the Museum are representative of the
Nation and its cultures thanks to the wide diversity of themes
and topics, quilts, and quiltmakers; and
(9) the Museum of the American Quilter's Society has
national significance and support.
(b) Sense of Congress.--It is the sense of Congress that the Museum
of the American Quilter's Society, located at 215 Jefferson Street,
Paducah, Kentucky, should be designated as the ``National Quilt Museum
of the United States''.
SEC. 336. SENSE OF CONGRESS REGARDING THE DESIGNATION OF THE
NATIONAL MUSEUM OF WILDLIFE ART OF THE
UNITED STATES.
(a) Findings.--Congress finds that--
(1) the National Museum of Wildlife Art in Jackson, Wyoming,
is devoted to inspiring global recognition of fine art related
to nature and wildlife;
(2) the National Museum of Wildlife Art is an excellent
example of a thematic museum that strives to unify the
humanities and sciences into a coherent body of knowledge
through art;
(3) the National Museum of Wildlife Art, which was founded
in 1987 with a private gift of a collection of art, has grown in
stature and importance and is recognized today as the world's
premier museum of wildlife art;
(4) the National Museum of Wildlife Art is the only public
museum in the United States with the mission of enriching and
inspiring public appreciation and knowledge of fine art, while
exploring the relationship between humanity and nature by
collecting fine art focused on wildlife;
(5) the National Museum of Wildlife Art is housed in an
architecturally significant and award-winning 51,000-square foot
facility that overlooks the 28,000-acre National Elk Refuge and
is adjacent to the Grand Teton National Park;
(6) the National Museum of Wildlife Art is accredited with
the American Association of Museums, continues to grow in
national recognition and importance with members from every
State, and has a Board of Trustees and a National Advisory Board
composed of major benefactors and leaders in the arts and
sciences from throughout the United States;
(7) the permanent collection of the National Museum of
Wildlife Art has grown to more than 3,000 works by important
historic American artists including Edward Hicks, Anna Hyatt
Huntington, Charles M. Russell, William Merritt Chase, and
Alexander Calder, and contemporary American artists,
[[Page 122 STAT. 795]]
including Steve Kestrel, Bart Walter, Nancy Howe, John Nieto,
and Jamie Wyeth;
(8) the National Museum of Wildlife Art is a destination
attraction in the Western United States with annual attendance
of 92,000 visitors from all over the world and an award-winning
website that receives more than 10,000 visits per week;
(9) the National Museum of Wildlife Art seeks to educate a
diverse audience through collecting fine art focused on
wildlife, presenting exceptional exhibitions, providing
community, regional, national, and international outreach, and
presenting extensive educational programming for adults and
children; and
(10) a great opportunity exists to use the invaluable
resources of the National Museum of Wildlife Art to teach the
schoolchildren of the United States, through onsite visits,
traveling exhibits, classroom curriculum, online distance
learning, and other educational initiatives.
(b) Sense of Congress.--It is the sense of Congress that the
National Museum of Wildlife Art, located at 2820 Rungius Road, Jackson,
Wyoming, should be designated as the ``National Museum of Wildlife Art
of the United States''.
SEC. 337. <<NOTE: New York.>> REDESIGNATION OF ELLIS ISLAND
LIBRARY.
(a) Redesignation.--The Ellis Island Library on the third floor of
the Ellis Island Immigration Museum, located on Ellis Island in New York
Harbor, shall be known and redesignated as the ``Bob Hope Memorial
Library''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Ellis Island Library
on the third floor of the Ellis Island Immigration Museum referred to in
subsection (a) shall be deemed to be a reference to the ``Bob Hope
Memorial Library''.
Subtitle E--Trails and Rivers
SEC. 341. <<NOTE: State listing.>> AUTHORIZATION AND
ADMINISTRATION OF STAR-SPANGLED BANNER
NATIONAL HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(26) Star-spangled banner national historic trail.--
``(A) In general.--The Star-Spangled Banner National
Historic Trail, a trail consisting of water and overland
routes totaling approximately 290 miles, extending from
Tangier Island, Virginia, through southern Maryland, the
District of Columbia, and northern Virginia, in the
Chesapeake Bay, Patuxent River, Potomac River, and north
to the Patapsco River, and Baltimore, Maryland,
commemorating the Chesapeake Campaign of the War of 1812
(including the British invasion of Washington, District
of Columbia, and its associated feints, and the Battle
of Baltimore in summer 1814), as generally depicted on
the map titled `Star-Spangled Banner National Historic
Trail', numbered T02/80,000, and dated June 2007.
``(B) Map.--The map referred to in subparagraph (A)
shall be maintained on file and available for public
inspection in the appropriate offices of the National
Park Service.
[[Page 122 STAT. 796]]
``(C) Administration.--Subject to subparagraph
(E)(ii), the trail shall be administered by the
Secretary of the Interior.
``(D) Land acquisition.--No land or interest in land
outside the exterior boundaries of any federally
administered area may be acquired by the United States
for the trail except with the consent of the owner of
the land or interest in land.
``(E) Public participation.--The Secretary of the
Interior shall--
``(i) encourage communities, owners of land
along the trail, and volunteer trail groups to
participate in the planning, development, and
maintenance of the trail; and
``(ii) consult with other affected landowners
and Federal, State, and local agencies in the
administration of the trail.
``(F) Interpretation and assistance.--Subject to the
availability of appropriations, the Secretary of the
Interior may provide, to State and local governments and
nonprofit organizations, interpretive programs and
services and technical assistance for use in--
``(i) carrying out preservation and
development of the trail; and
``(ii) providing education relating to the War
of 1812 along the trail.''.
SEC. 342. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC
TRAIL, NEBRASKA.
(a) Conveyance Authorized.--The Secretary of the Interior may
convey, without consideration, to the Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation, Inc. (a
501(c)(3) not-for-profit organization with operational headquarters at
100 Valmont Drive, Nebraska City, Nebraska 68410), all right, title, and
interest of the United States in and to the federally owned land under
jurisdiction of the Secretary consisting of 2 parcels as generally
depicted on the map titled ``Lewis and Clark National Historic Trail'',
numbered 648/80,002, and dated March 2006.
(b) Survey; Conveyance Cost.--The exact acreage and legal
description of the land to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey and all other costs incurred by the Secretary to convey the land
shall be borne by the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc.
(c) Condition of Conveyance, Use of Conveyed Land.--The conveyance
authorized under subsection (a) shall be subject to the condition that
the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. use the conveyed land as an historic site and
interpretive center for the Lewis and Clark National Historic Trail.
(d) Discontinuance of Use.--If Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc. determines to
discontinue use of the land conveyed under subsection (a) as an historic
site and interpretive center for the Lewis and Clark National Historic
Trail, the Missouri River Basin Lewis and
[[Page 122 STAT. 797]]
Clark Interpretive Trail and Visitor Center Foundation, Inc. shall
convey lands back to the Secretary without consideration.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) or the conveyance, if any, under subsection (d) as the
Secretary considers appropriate to protect the interests of the United
States. <<NOTE: Contracts.>> Through a written agreement with the
Foundation, the National Park Service shall ensure that the operation of
the land conveyed under subsection (a) is in accordance with National
Park Service standards for preservation, maintenance, and
interpretation.
(f) Authorization of Appropriations.--To assist with the operation
of the historic site and interpretive center, there is authorized to be
appropriated $150,000 per year for a period not to exceed 10 years.
SEC. 343. <<NOTE: State listing.>> LEWIS AND CLARK NATIONAL
HISTORIC TRAIL EXTENSION.
(a) Definitions.--In this section:
(1) Eastern legacy sites.--The term ``Eastern Legacy sites''
means the sites associated with the preparation or return phases
of the Lewis and Clark expedition, commonly known as the
``Eastern Legacy'', including sites in Virginia, the District of
Columbia, Maryland, Delaware, Pennsylvania, West Virginia, Ohio,
Kentucky, Tennessee, Indiana, Missouri, and Illinois. This
includes the routes followed by Meriwether Lewis and William
Clark, whether independently or together.
(2) Trail.--The term ``Trail'' means the Lewis and Clark
National Historic Trail designated by section 5(a)(6) of the
National Trails System Act (16 U.S.C. 1244(a)(6)).
(b) Special Resource Study.--
(1) In general.--The Secretary shall complete a special
resource study of the Eastern Legacy sites to determine--
(A) the suitability and feasibility of adding these
sites to the Trail; and
(B) the methods and means for the protection and
interpretation of these sites by the National Park
Service, other Federal, State, or local government
entities or private or non-profit organizations.
(2) Study requirements.--
(A) In general.--The Secretary shall conduct the
study in accordance with section 5(b) of the National
Trails System Act (16 U.S.C. 1244(b)).
(B) Impact on tourism.--In conducting the study, the
Secretary shall analyze the potential impact that the
inclusion of the Eastern Legacy sites is likely to have
on tourist visitation to the western portion of the
trail.
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
SEC. 344. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.
(a) Findings.--Congress finds the following:
[[Page 122 STAT. 798]]
(1) The Eightmile River Wild and Scenic River Study Act of
2001 (Public Law 107-65; 115 Stat. 484) authorized the study of
the Eightmile River in the State of Connecticut from its
headwaters downstream to its confluence with the Connecticut
River for potential inclusion in the National Wild and Scenic
Rivers System.
(2) The segments of the Eightmile River covered by the study
are in a free-flowing condition, and the outstanding resource
values of the river segments include the cultural landscape,
water quality, watershed hydrology, unique species and natural
communities, geology, and watershed ecosystem.
(3) The Eightmile River Wild and Scenic Study Committee has
determined that--
(A) the outstanding resource values of these river
segments depend on sustaining the integrity and quality
of the Eightmile River watershed;
(B) these resource values are manifest within the
entire watershed; and
(C) the watershed as a whole, including its
protection, is itself intrinsically important to this
designation.
(4) The Eightmile River Wild and Scenic Study Committee took
a watershed approach in studying and recommending management
options for the river segments and the Eightmile River watershed
as a whole.
(5) During the study, the Eightmile River Wild and Scenic
Study Committee, with assistance from the National Park Service,
prepared a comprehensive management plan for the Eightmile River
watershed, dated December 8, 2005 (in this section referred to
as the ``Eightmile River Watershed Management Plan''), which
establishes objectives, standards, and action programs that will
ensure long-term protection of the outstanding values of the
river and compatible management of the land and water resources
of the Eightmile River and its watershed, without Federal
management of affected lands not owned by the United States.
(6) The Eightmile River Wild and Scenic Study Committee
voted in favor of inclusion of the Eightmile River in the
National Wild and Scenic Rivers System and included this
recommendation as an integral part of the Eightmile River
Watershed Management Plan.
(7) The residents of the towns lying along the Eightmile
River and comprising most of its watershed (Salem, East Haddam,
and Lyme, Connecticut), as well as the Boards of Selectmen and
Land Use Commissions of these towns, voted to endorse the
Eightmile River Watershed Management Plan and to seek
designation of the river as a component of the National Wild and
Scenic Rivers System.
(8) The State of Connecticut General Assembly enacted Public
Act 05-18 to endorse the Eightmile River Watershed Management
Plan and to seek designation of the river as a component of the
National Wild and Scenic Rivers System.
(b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to
the White Salmon River, Washington, as paragraph (167);
[[Page 122 STAT. 799]]
(3) by designating the undesignated paragraph relating to
the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) Eightmile River, Connecticut.--Segments of the main stem and
specified tributaries of the Eightmile River in the State of
Connecticut, totaling approximately 25.3 miles, to be administered by
the Secretary of the Interior as follows:
``(A) The entire 10.8-mile segment of the main stem,
starting at its confluence with Lake Hayward Brook to its
confluence with the Connecticut River at the mouth of Hamburg
Cove, as a scenic river.
``(B) The 8.0-mile segment of the East Branch of the
Eightmile River starting at Witch Meadow Road to its confluence
with the main stem of the Eightmile River, as a scenic river.
``(C) The 3.9-mile segment of Harris Brook starting with the
confluence of an unnamed stream lying 0.74 miles due east of the
intersection of Hartford Road (State Route 85) and Round Hill
Road to its confluence with the East Branch of the Eightmile
River, as a scenic river.
``(D) The 1.9-mile segment of Beaver Brook starting at its
confluence with Cedar Pond Brook to its confluence with the main
stem of the Eightmile River, as a scenic river.
``(E) The 0.7-mile segment of Falls Brook from its
confluence with Tisdale Brook to its confluence with the main
stem of the Eightmile River at Hamburg Cove, as a scenic
river.''.
(c) <<NOTE: 16 USC 1274 note.>> Management.--The segments of the
main stem and certain tributaries of the Eightmile River in the State of
Connecticut designated as components of the National Wild and Scenic
Rivers System by the amendment made by subsection (b) (in this section
referred to as the ``Eightmile River'') shall be managed in accordance
with the Eightmile River Watershed Management Plan and such amendments
to the plan as the Secretary of the Interior determines are consistent
with this section. The Eightmile River Watershed Management Plan is
deemed to satisfy the requirements for a comprehensive management plan
required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
(d) <<NOTE: 16 USC 1274 note.>> Committee.--The Secretary of the
Interior shall coordinate the management responsibilities of the
Secretary with regard to the Eightmile River with the Eightmile River
Coordinating Committee, as specified in the Eightmile River Watershed
Management Plan.
(e) <<NOTE: 16 USC 1274 note.>> Cooperative Agreements.--In order
to provide for the long-term protection, preservation, and enhancement
of the Eightmile River, the Secretary of the Interior may enter into
cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the
State of Connecticut, the towns of Salem, Lyme, and East Haddam,
Connecticut, and appropriate local planning and environmental
organizations. All cooperative agreements authorized by this subsection
shall be consistent with the Eightmile River Watershed Management Plan
and may include provisions for financial or other assistance from the
United States.
(f) <<NOTE: 16 USC 1274 note.>> Relation to National Park System.--
Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16
U.S.C. 1281(c)), the Eightmile River shall not be administered as part
of the
[[Page 122 STAT. 800]]
National Park System or be subject to regulations which govern the
National Park System.
(g) <<NOTE: 16 USC 1274 note.>> Land Management.--The zoning
ordinances adopted by the towns of Salem, East Haddam, and Lyme,
Connecticut, in effect as of December 8, 2005, including provisions for
conservation of floodplains, wetlands, and watercourses associated with
the segments, are deemed to satisfy the standards and requirements of
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277 (c)). For
the purpose of section 6(c) of that Act, such towns shall be deemed
``villages'' and the provisions of that section, which prohibit Federal
acquisition of lands by condemnation, shall apply to the segments
designated by subsection (b). The authority of the Secretary to acquire
lands for the purposes of this section shall be limited to acquisition
by donation or acquisition with the consent of the owner thereof, and
shall be subject to the additional criteria set forth in the Eightmile
River Watershed Management Plan.
(h) <<NOTE: 16 USC 1274 note.>> Watershed Approach.--
(1) In general.--In furtherance of the watershed approach to
resource preservation and enhancement articulated in the
Eightmile River Watershed Management Plan, the tributaries of
the Eightmile River watershed specified in paragraph (2) are
recognized as integral to the protection and enhancement of the
Eightmile River and its watershed.
(2) Covered tributaries.--Paragraph (1) applies with respect
to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond Brook,
Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser Brook,
Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook,
Muddy Brook, Ransom Brook, Rattlesnake Ledge Brook, Shingle Mill
Brook, Strongs Brook, Tisdale Brook, Witch Meadow Brook, and all
other perennial streams within the Eightmile River watershed.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section and
the amendment made by subsection (b).
Subtitle F--Denali National Park and Alaska Railroad Exchange
SEC. 351. <<NOTE: 16 USC 1132 note; 45 USC 1203 note.>> DENALI
NATIONAL PARK AND ALASKA RAILROAD
CORPORATION EXCHANGE.
(a) Definitions.--In this section:
(1) Corporation.--The term ``Corporation'' means the Alaska
Railroad Corporation owned by the State of Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Exchange.--
(1) In general.--
(A) Easement expanded.--The Secretary is authorized
to grant to the Alaska Railroad Corporation an
exclusive-use easement on land that is identified by the
Secretary within Denali National Park for the purpose of
providing a location to the Corporation for
construction, maintenance, and on-going operation of
track and associated support facilities for turning
railroad trains around near Denali Park Station.
[[Page 122 STAT. 801]]
(B) Easement relinquished.--In exchange for the
easement granted in subparagraph (A), the Secretary
shall require the relinquishment of certain portions of
the Corporation's existing exclusive use easement within
the boundary of Denali National Park.
(2) Conditions of the exchange.--
(A) Equal exchange.--The exchange of easements under
this section shall be on an approximately equal-acre
basis.
(B) Total acres.--The easement granted under
paragraph (1)(A) shall not exceed 25 acres.
(C) Interests conveyed.--The easement conveyed to
the Alaska Railroad Corporation by the Secretary under
this section shall be under the same terms as the
exclusive use easement granted to the Railroad in Denali
National Park in the Deed for Exclusive Use Easement and
Railroad Related Improvements filed in Book 33, pages
985-994 of the Nenana Recording District, Alaska,
pursuant to the Alaska Railroad Transfer Act of 1982 (45
U.S.C. 1201 et seq.). The easement relinquished by the
Alaska Railroad Corporation to the United States under
this section shall, with respect to the portion being
exchanged, be the full title and interest received by
the Alaska Railroad in the Deed for Exclusive Use
Easement and Railroad Related Improvements filed in Book
33, pages 985-994 of the Nenana Recording District,
Alaska, pursuant to the Alaska Railroad Transfer Act of
1982 (45 U.S.C. 1201 et seq.).
(D) Costs.--The Alaska Railroad shall pay all costs
associated with the exchange under this section,
including the costs of compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the costs of any surveys, and other reasonable
costs.
(E) Land to be part of wilderness.--The land
underlying any easement relinquished to the United
States under this section that is adjacent to designated
wilderness is hereby designated as wilderness and added
to the Denali Wilderness, the boundaries of which are
modified accordingly, and shall be managed in accordance
with applicable provisions of the Wilderness Act (78
Stat. 892) and the Alaska National Interest Lands
Conservation Act of 1980 (94 Stat. 2371).
(F) Other terms and conditions.--The Secretary shall
require any additional terms and conditions under this
section that the Secretary determines to be appropriate
to protect the interests of the United States and of
Denali National Park.
Subtitle G--National Underground Railroad Network to Freedom Amendments
SEC. 361. AUTHORIZING APPROPRIATIONS FOR SPECIFIC PURPOSES.
(a) In General.--The National Underground Railroad Network to
Freedom Act of 1998 (16 U.S.C. 469l et seq.) is amended--
(1) <<NOTE: 16 USC 469l-1.>> by striking section 3(d);
(2) <<NOTE: 16 USC 469l-2.>> by striking section 4(d); and
(3) by adding at the end the following:
[[Page 122 STAT. 802]]
``SEC. 5. <<NOTE: 16 USC 469l-3.>> AUTHORIZATION OF
APPROPRIATIONS.
``(a) Amounts.--There are authorized to be appropriated to carry out
this Act $2,500,000 for each fiscal year, to be allocated as follows:
``(1) $2,000,000 is to be used for the purposes of section
3.
``(2) $500,000 is to be used for the purposes of section 4.
``(b) Restrictions.--No amounts may be appropriated for the purposes
of this Act except to the Secretary for carrying out the
responsibilities of the Secretary as set forth in this Act.''.
(b) <<NOTE: 16 USC 469l-1 note.>> Effective Date.--The amendments
made by subsection (a) shall take effect at the beginning of the fiscal
year immediately following the date of the enactment of this Act.
Subtitle H--Grand Canyon Subcontractors
SEC. 371. DEFINITIONS.
In this subtitle:
(1) IDIQ.--The term ``IDIQ'' means an Indefinite Deliver/
Indefinite Quantity contract.
(2) Park.--The term ``park'' means Grand Canyon National
Park.
(3) PGI.--The term ``PGI'' means Pacific General, Inc.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 372. AUTHORIZATION.
The Secretary is authorized, subject to the appropriation of such
funds as may be necessary, to pay the amount owed to the subcontractors
of PGI for work performed at the park under an IDIQ with PGI between
fiscal years 2002 and 2003, provided that--
(1) the primary contract between PGI and the National Park
Service is terminated;
(2) the amount owed to the subcontractors is verified;
(3) all reasonable legal avenues or recourse have been
exhausted by the subcontractors to recoup amounts owed directly
from PGI; and
(4) the subcontractors provide a written statement that
payment of the amount verified in paragraph (2) represents
payment in full by the United States for all work performed at
the park under the IDIQ with PGI between fiscal years 2002 and
2003.
TITLE IV--NATIONAL HERITAGE AREAS
Subtitle <<NOTE: State listing. 16 USC 461 note.>> A--Journey Through
Hallowed Ground National Heritage Area
SEC. 401. PURPOSES.
The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the study
[[Page 122 STAT. 803]]
entitled ``The Journey Through Hallowed Ground National Heritage
Area Feasibility Study'' dated September 2006;
(2) to preserve, support, conserve, and interpret the legacy
of the American history created along the National Heritage
Area;
(3) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in the
creation of America, including Native American, Colonial
American, European American, and African American heritage;
(5) to recognize and interpret the effect of the Civil War
on the civilian population of the National Heritage Area during
the war and post-war reconstruction period;
(6) to enhance a cooperative management framework to assist
the Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the State of West Virginia, and
their units of local government, the private sector, and
citizens residing in the National Heritage Area in conserving,
supporting, enhancing, and interpreting the significant
historic, cultural and recreational sites in the National
Heritage Area; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.
SEC. 402. DEFINITIONS.
In this subtitle--
(1) National heritage area.--The term ``National Heritage
Area'' means the Journey Through Hallowed Ground National
Heritage Area established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Journey Through Hallowed Ground
Partnership, a Virginia non-profit, which is hereby designated
by Congress--
(A) to develop, in partnership with others, the
management plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of
projects and programs among diverse partners in the
National Heritage Area.
(3) Management plan.--The term ``management plan'' means the
plan prepared by the local coordinating entity for the National
Heritage Area that specifies actions, policies, strategies,
performance goals, and recommendations to meet the goals of the
National Heritage Area, in accordance with this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 403. DESIGNATION OF THE JOURNEY THROUGH HALLOWED GROUND
NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Journey Through
Hallowed Ground National Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the 175-
mile region generally following the Route 15 corridor and
[[Page 122 STAT. 804]]
surrounding areas from Adams County, Pennsylvania, through
Frederick County, Maryland, including the Heart of the Civil War
Maryland State Heritage Area, looping through Brunswick,
Maryland, to Harpers Ferry, West Virginia, back through Loudoun
County, Virginia, to the Route 15 corridor and surrounding areas
encompassing portions of Loudoun and Prince William Counties,
Virginia, then Fauquier County, Virginia, portions of
Spotsylvania and Madison Counties, Virginia, and Culpepper,
Rappahannock, Orange, and Albemarle Counties, Virginia.
(2) Map.--The boundaries of the National Heritage Area shall
include all of those lands and interests as generally depicted
on the map titled ``Journey Through Hallowed Ground National
Heritage Area'', numbered P90/80,000, and dated October 2006.
The map shall be on file and available to the public in the
appropriate offices of the National Park Service and the local
coordinating entity.
SEC. 404. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging long-
term resource protection, enhancement, interpretation, funding,
management, and development of the National Heritage Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of the
National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of the
National Heritage Area related to the national importance and
themes of the National Heritage Area that should be protected,
enhanced, interpreted, managed, funded, and developed;
(5) <<NOTE: Recommenda- tions.>> recommend policies and
strategies for resource management, including the development of
intergovernmental and interagency agreements to protect,
enhance, interpret, fund, manage, and develop the natural,
historical, cultural, educational, scenic, and recreational
resources of the National Heritage Area;
(6) describe a program for implementation for the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, Tribal, or local government agency,
organization, business, or individual;
[[Page 122 STAT. 805]]
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service and
other Federal agencies associated with the National Heritage
Area) to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation as a National Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1), the
local coordinating entity shall not qualify for any additional
financial assistance under this subtitle until such time as the
management plan is submitted to and approved by the Secretary.
(c) Approval of Management Plan.--
(1) <<NOTE: Deadline.>> Review.--Not later than 180 days
after receiving the plan, the Secretary shall review and approve
or disapprove the management plan for a National Heritage Area
on the basis of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the National Heritage Area,
including Federal, State, Tribal, and local governments,
natural, and historic resource protection organizations,
educational institutions, businesses, recreational
organizations, community residents, and private property
owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for
public and Federal, State, Tribal, and local
governmental involvement (including through
workshops and hearings) in the preparation of the
management plan; and
(ii) provides for at least semiannual public
meetings to ensure adequate implementation of the
management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and
[[Page 122 STAT. 806]]
develop the natural, historic, cultural, educational,
scenic, and recreational resources of the National
Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others, to
carry out the plan;
(F) the Secretary has received adequate assurances
from the appropriate State, Tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, Tribal, and local elements
of the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
Tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary shall
approve or disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan
that substantially alters the purposes of the National
Heritage Area shall be reviewed by the Secretary and
approved or disapproved in the same manner as the
original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority
of this subtitle for the development and implementation
of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this subtitle.
SEC. 405. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
[[Page 122 STAT. 807]]
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, local, and private
investments in the National Heritage Area to determine the
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 406. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the National Heritage Area,
the Journey Through Hallowed Ground Partnership, as the local
coordinating entity, shall--
(1) <<NOTE: Plan.>> prepare a management plan for the
National Heritage Area, and submit the management plan to the
Secretary, in accordance with this subtitle;
(2) <<NOTE: Reports.>> submit an annual report to the
Secretary for each fiscal year for which the local coordinating
entity receives Federal funds under this subtitle, specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing the
approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
[[Page 122 STAT. 808]]
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 407. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 408. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority (such as the
authority to make safety improvements or increase the capacity
of existing roads or to construct new roads) of any Federal,
State, Tribal, or local agency, or conveys any land use or other
regulatory authority to any local coordinating entity, including
but not necessarily limited to development and management of
energy or water or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the National Heritage Area; or
[[Page 122 STAT. 809]]
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind contributions
of goods or services fairly valued.
SEC. 410. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 411. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance under
this subtitle terminates on the date that is 15 years after the date of
enactment of this subtitle.
Subtitle B--Niagara <<NOTE: New York. 16 USC 461 note.>> Falls National
Heritage Area
SEC. 421. PURPOSES.
The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the National
Park Service study report entitled ``Niagara National Heritage
Area Study'' dated 2005;
(2) to preserve, support, conserve, and interpret the
natural, scenic, cultural, and historic resources within the
National Heritage Area;
(3) to promote heritage, cultural, and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in American
history and culture, including Native American, Colonial
American, European American, and African American heritage;
(5) to enhance a cooperative management framework to assist
State, local, and Tribal governments, the private sector, and
citizens residing in the National Heritage Area in conserving,
supporting, enhancing, and interpreting the significant
historic, cultural, and recreational sites in the National
Heritage Area;
(6) to conserve and interpret the history of the development
of hydroelectric power in the United States and its role in
developing the American economy; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
[[Page 122 STAT. 810]]
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.
SEC. 422. DEFINITIONS.
In this subtitle:
(1) Commission.--The term ``Commission'' means the Niagara
Falls National Heritage Area Commission established under this
subtitle.
(2) Governor.--The term ``Governor'' means the Governor of
the State of New York.
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the National Heritage Area designated pursuant to this subtitle.
(4) Management plan.--The term ``management plan'' means the
plan prepared by the local coordinating entity for the National
Heritage Area that specifies actions, policies, strategies,
performance goals, and recommendations to meet the goals of the
National Heritage Area, in accordance with this subtitle.
(5) National heritage area.--The term ``National Heritage
Area'' means the Niagara Falls National Heritage Area
established in this subtitle.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 423. DESIGNATION OF THE NIAGARA FALLS NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Niagara Falls
National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist of
the area from the western boundary of the town of Wheatfield,
New York, extending to the mouth of the Niagara River on Lake
Ontario, including the city of Niagara Falls, New York, the
villages of Youngstown and Lewiston, New York, land and water
within the boundaries of the Heritage Area in Niagara County,
New York, and any additional thematically related sites within
Erie and Niagara Counties, New York, that are identified in the
management plan developed under this subtitle.
(2) Map.--The boundaries of the National Heritage Area shall
be as generally depicted on the map titled ``Niagara Falls
National Heritage Area,'' and numbered P76/80,000 and dated
July, 2006. The map shall be on file and available to the public
in the appropriate offices of the National Park Service and the
local coordinating entity.
SEC. 424. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging long-
term resource protection, enhancement, interpretation, funding,
management, and development of the National Heritage Area;
[[Page 122 STAT. 811]]
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of the
National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of the
National Heritage Area related to the national importance and
themes of the National Heritage Area that should be protected,
enhanced, interpreted, managed, funded, and developed;
(5) <<NOTE: Recommenda- tions.>> recommend policies and
strategies for resource management, including the development of
intergovernmental and interagency agreements to protect,
enhance, interpret, fund, manage, and develop the natural,
historical, cultural, educational, scenic, and recreational
resources of the National Heritage Area;
(6) describe a program for implementation for the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, Tribal, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service and
other Federal agencies associated with the National Heritage
Area) to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation as a National Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1), the
local coordinating entity shall not qualify for any additional
financial assistance under this subtitle until such time as the
management plan is submitted to and approved by the Secretary.
(c) Approval of Management Plan.--
[[Page 122 STAT. 812]]
(1) Review.--Not <<NOTE: Deadline.>> later than 180 days
after receiving the plan, the Secretary shall review and approve
or disapprove the management plan for a National Heritage Area
on the basis of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the National Heritage Area,
including Federal, State, Tribal, and local governments,
natural and historic resource protection organizations,
educational institutions, businesses, recreational
organizations, community residents, and private property
owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for
public and Federal, State, Tribal, and local
governmental involvement (including through
workshops and hearings) in the preparation of the
management plan; and
(ii) provides for at least semiannual public
meetings to ensure adequate implementation of the
management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others, to
carry out the plan;
(F) the Secretary has received adequate assurances
from the appropriate State, Tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, Tribal, and local elements
of the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
Tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary shall
approve or disapprove the revised management plan.
[[Page 122 STAT. 813]]
(5) Amendments.--
(A) In general.--An amendment to the management plan
that substantially alters the purposes of the National
Heritage Area shall be reviewed by the Secretary and
approved or disapproved in the same manner as the
original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority
of this subtitle for the development and implementation
of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this subtitle.
SEC. 425. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to determine
the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 426. LOCAL COORDINATING ENTITY.
(a) <<NOTE: Effective dates.>> Designation.--The local coordinating
entity for the Heritage Area shall be--
(1) for the 5-year period beginning on the date of enactment
of this subtitle, the Commission; and
(2) on expiration of the 5-year period described in
paragraph (1), a private nonprofit or governmental organization
designated by the Commission.
(b) Duties.--To further the purposes of the National Heritage Area,
the local coordinating entity, shall--
[[Page 122 STAT. 814]]
(1) <<NOTE: Plan.>> prepare a management plan for the
National Heritage Area, and submit the management plan to the
Secretary, in accordance with this subtitle;
(2) <<NOTE: Reports.>> submit an annual report to the
Secretary for each fiscal year for which the local coordinating
entity receives Federal funds under this subtitle, specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds;
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area; and
(5) coordinate projects, activities, and programs with the
Erie Canalway National Heritage Corridor.
(c) Authorities.--For the purposes of preparing and implementing the
approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(d) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 427. NIAGARA FALLS HERITAGE AREA COMMISSION.
(a) Establishment.--There is established within the Department of
the Interior the Niagara Falls National Heritage Area Commission.
(b) Membership.--The Commission shall be composed of 17 members, of
whom--
[[Page 122 STAT. 815]]
(1) 1 member shall be the Director of the National Park
Service (or a designee);
(2) 5 members shall be appointed by the Secretary, after
consideration of the recommendation of the Governor, from among
individuals with knowledge and experience of--
(A) the New York State Office of Parks, Recreation
and Historic Preservation, the Niagara River Greenway
Commission, the New York Power Authority, the USA
Niagara Development Corporation, and the Niagara Tourism
and Convention Corporation; or
(B) any successors of the agencies described in
subparagraph (A);
(3) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of Niagara
Falls, New York;
(4) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the village
of Youngstown, New York;
(5) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the village
of Lewiston, New York;
(6) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Tuscarora Nation;
(7) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Seneca Nation of
Indians; and
(8) 6 members shall be individuals who have an interest in,
support for, and expertise appropriate to tourism, regional
planning, history and historic preservation, cultural or natural
resource management, conservation, recreation, and education, or
museum services, of whom--
(A) 4 members shall be appointed by the Secretary,
after consideration of the recommendation of the 2
members of the Senate from the State; and
(B) 2 members shall be appointed by the Secretary,
after consideration of the recommendation of the Member
of the House of Representatives whose district
encompasses the National Heritage Area.
(c) Terms; Vacancies.--
(1) Term.--A member of the Commission shall be appointed for
a term not to exceed 5 years.
(2) Vacancies.--
(A) Partial term.--A member appointed to fill a
vacancy on the Commission shall serve for the remainder
of the term for which the predecessor of the member was
appointed.
(B) In general.--A vacancy on the Commission shall
be filled in the same manner as the original appointment
was made.
(d) Chairperson and Vice Chairperson.--
(1) Selection.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
the Chairperson in the absence of the Chairperson.
(e) Quorum.--
[[Page 122 STAT. 816]]
(1) In general.--A majority of the members of the Commission
shall constitute a quorum.
(2) Transaction.--For the transaction of any business or the
exercise of any power of the Commission, the Commission shall
have the power to act by a majority vote of the members present
at any meeting at which a quorum is in attendance.
(f) Meetings.--
(1) In general.--The Commission shall meet at least
quarterly at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(2) Notice.--Notice of Commission meetings and agendas for
the meetings shall be published in local newspapers that are
distributed throughout the National Heritage Area.
(3) Applicable law.--Meetings of the Commission shall be
subject to section 552b of title 5, United States Code.
(g) Authorities of the Commission.--In addition to the authorities
otherwise granted in this subtitle, the Commission may--
(1) request and accept from the head of any Federal agency,
on a reimbursable or non-reimbursable basis, any personnel of
the Federal agency to the Commission to assist in carrying out
the duties of the Commission;
(2) request and accept from the head of any State agency or
any agency of a political subdivision of the State, on a
reimbursable or nonreimbursable basis, any personnel of the
agency to the Commission to assist in carrying out the duties of
the Commission;
(3) seek, accept, and dispose of gifts, bequests, grants, or
donations of money, personal property, or services; and
(4) use the United States mails in the same manner as other
agencies of the Federal Government.
(h) Duties of the Commission.--To further the purposes of the
National Heritage Area, in addition to the duties otherwise listed in
this subtitle, the Commission shall assist in the transition of the
management of the National Heritage Area from the Commission to the
local coordinating entity designated under this subtitle.
(i) Compensation of Members.--
(1) In general.--A member of the Commission shall serve
without compensation.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in the performance of the duties of the Commission.
(j) Gifts.--For purposes of section 170(c) of the Internal Revenue
Code of 1986, any gift or charitable contribution to the Commission
shall be considered to be a charitable contribution or gift to the
United States.
(k) Use of Federal Funds.--Except as provided for the leasing of
administrative facilities under subsection (g)(1), the Commission may
not use Federal funds made available to the Commission under this
subtitle to acquire any real property or interest in real property.
[[Page 122 STAT. 817]]
SEC. 428. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 429. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or other
regulatory authority to any local coordinating entity, including
but not necessarily limited to development and management of
energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
SEC. 430. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind contributions
of goods or services fairly valued.
[[Page 122 STAT. 818]]
SEC. 431. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 432. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance under
this subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
Subtitle <<NOTE: Illinois. 16 USC 461 note.>> C--Abraham Lincoln
National Heritage Area
SEC. 441. PURPOSES.
The purposes of this subtitle include--
(1) to recognize the significant natural and cultural
legacies of the area, as demonstrated in the study entitled
``Feasibility Study of the Proposed Abraham Lincoln National
Heritage Area'' prepared for the Looking for Lincoln Heritage
Coalition in 2002 and revised in 2007;
(2) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key periods in the growth of
America, including Native American, Colonial American, European
American, and African American heritage;
(4) to recognize and interpret the distinctive role the
region played in shaping the man who would become the 16th
President of the United States, and how Abraham Lincoln's life
left its traces in the stories, folklore, buildings,
streetscapes, and landscapes of the region;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government, the
private sector, and the local communities in the region in
identifying, preserving, interpreting, and developing the
historical, cultural, scenic, and natural resources of the
region for the educational and inspirational benefit of current
and future generations; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.
SEC. 442. DEFINITIONS.
In this subtitle:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the Looking for Lincoln Heritage
Coalition, which is hereby designated by Congress--
(A) to develop, in partnership with others, the
management plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of
projects and programs among diverse partners in the
National Heritage Area.
(2) Management plan.--The term ``management plan'' means the
plan prepared by the local coordinating entity for the National
Heritage Area that specifies actions, policies,
[[Page 122 STAT. 819]]
strategies, performance goals, and recommendations to meet the
goals of the National Heritage Area, in accordance with this
subtitle.
(3) National heritage area.--The term ``National Heritage
Area'' means the Abraham Lincoln National Heritage Area
established in this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 443. DESIGNATION OF ABRAHAM LINCOLN NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Abraham Lincoln
National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist of
sites as designated by the management plan within a core area
located in Central Illinois, consisting of Adams, Brown,
Calhoun, Cass, Champaign, Christian, Clark, Coles, Cumberland,
Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, Hancock,
Henderson, Jersey, Knox, LaSalle, Logan, Macon, Macoupin,
Madison, Mason, McDonough, McLean, Menard, Montgomery, Morgan,
Moultrie, Peoria, Piatt, Pike, Sangamon, Schuyler, Scott,
Shelby, Tazewell, Vermillion, Warren and Woodford counties.
(2) Map.--The boundaries of the National Heritage Area shall
be as generally depicted on the map titled ``Proposed Abraham
Lincoln National Heritage Area'', and numbered 338/80,000, and
dated July 2007. The map shall be on file and available to the
public in the appropriate offices of the National Park Service
and the local coordinating entity.
SEC. 444. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging long-
term resource protection, enhancement, interpretation, funding,
management, and development of the National Heritage Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of the
National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of the
National Heritage Area related to the national importance and
themes of the National Heritage Area that should be protected,
enhanced, interpreted, managed, funded, and developed;
(5) <<NOTE: Recommenda- tions.>> recommend policies and
strategies for resource management, including the development of
intergovernmental and interagency agreements to protect,
enhance, interpret, fund,
[[Page 122 STAT. 820]]
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(6) describe a program for implementation for the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, Tribal, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service and
other Federal agencies associated with the National Heritage
Area) to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation as a National Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1), the
local coordinating entity shall not qualify for any additional
financial assistance under this subtitle until such time as the
management plan is submitted to and approved by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not <<NOTE: Deadline.>> later than 180 days
after receiving the plan, the Secretary shall review and approve
or disapprove the management plan for a National Heritage Area
on the basis of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the National Heritage Area,
including Federal, State, Tribal, and local governments,
natural, and historic resource protection organizations,
educational institutions, businesses, recreational
organizations, community residents, and private property
owners;
(B) the local coordinating entity--
[[Page 122 STAT. 821]]
(i) has afforded adequate opportunity for
public and Federal, State, Tribal, and local
governmental involvement (including through
workshops and hearings) in the preparation of the
management plan; and
(ii) provides for at least semiannual public
meetings to ensure adequate implementation of the
management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others, to
carry out the plan;
(F) the Secretary has received adequate assurances
from the appropriate State, Tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, Tribal, and local elements
of the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
Tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary shall
approve or disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan
that substantially alters the purposes of the National
Heritage Area shall be reviewed by the Secretary and
approved or disapproved in the same manner as the
original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority
of this subtitle for the development and implementation
of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this subtitle.
[[Page 122 STAT. 822]]
SEC. 445. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to determine
the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 446. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the National Heritage Area,
the Looking for Lincoln Heritage Coalition, as the local coordinating
entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the secretary for each fiscal
year for which the local coordinating entity receives Federal
funds under this subtitle, specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing the
approved management plan for the National Heritage
[[Page 122 STAT. 823]]
Area, the local coordinating entity may use Federal funds made available
under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 447. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 448. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or other
regulatory authority to any local coordinating entity,
[[Page 122 STAT. 824]]
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
SEC. 449. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind contributions
of goods or services fairly valued.
SEC. 450. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 451. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance under
this subtitle terminates on the date that is 15 years after the date of
the enactment of this subtitle.
Subtitle D--Authorization Extensions and Viability Studies
SEC. 461. <<NOTE: 16 USC 461 note.>> EXTENSIONS OF AUTHORIZED
APPROPRIATIONS.
Division II of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended in each of
sections 108(a), 209(a), 311(a), 409(a), 508(a), 608(a), 708(a), 810(a)
(as redesignated by section 474(9)), and 909(c), by striking
``$10,000,000'' and inserting ``$15,000,000''.
SEC. 462. EVALUATION AND REPORT.
(a) In General.--For the nine National Heritage Areas authorized in
Division II of the Omnibus Parks and Public Lands Management Act of
1996, not later than 3 years before the date on which authority for
Federal funding terminates for each National Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local management entity with
respect to--
[[Page 122 STAT. 825]]
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage Area;
(2) analyze the investments of Federal, State, Tribal, and
local government and private entities in each National Heritage
Area to determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the Senate. The report
shall include recommendations for the future role of the National Park
Service, if any, with respect to the National Heritage Area.
Subtitle E--Technical Corrections and Additions
SEC. 471. <<NOTE: 16 USC 461 note.>> NATIONAL COAL HERITAGE AREA
TECHNICAL CORRECTIONS.
Title I of Division II of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333 as amended by Public Law 106-
176 and Public Law 109-338) is amended--
(1) by striking section 103(b) and inserting the following:
``(b) Boundaries.--The National Coal Heritage Area shall be
comprised of Lincoln County, West Virginia, and Paint Creek and Cabin
Creek within Kanawah County, West Virginia, and the counties that are
the subject of the study by the National Park Service, dated 1993,
entitled `A Coal Mining Heritage Study: Southern West Virginia'
conducted pursuant to title VI of Public Law 100-699.'';
(2) by striking section 105 and inserting the following:
``SEC. 105. ELIGIBLE RESOURCES.
``(a) In General.--The resources eligible for the assistance under
section 104 shall include--
``(1) resources in Lincoln County, West Virginia, and Paint
Creek and Cabin Creek in Kanawah County, West Virginia, as
determined to be appropriate by the National Coal Heritage Area
Authority; and
``(2) the resources set forth in appendix D of the study by
the National Park Service, dated 1993, entitled `A Coal Mining
Heritage Study: Southern West Virginia' conducted pursuant to
title VI of Public Law 100-699.
``(b) Priority.--Priority consideration shall be given to those
sites listed as `Conservation Priorities' and `Important Historic
Resources' as depicted on the map entitled `Study Area: Historic
Resources' in such study.'';
(3) in section 106(a)--
(A) by striking ``Governor'' and all that follows
through ``Parks,'' and inserting ``National Coal
Heritage Area Authority''; and
[[Page 122 STAT. 826]]
(B) in paragraph (3), by striking ``State of West
Virginia'' and all that follows through ``entities, or''
and inserting ``National Coal Heritage Area Authority
or''; and
(4) in section 106(b), by inserting ``not'' before ``meet''.
SEC. 472. RIVERS OF STEEL NATIONAL HERITAGE AREA ADDITION.
Section 403(b) of title IV of Division II of the Omnibus Parks and
Public Lands Management Act of 1996 <<NOTE: 16 USC 461 note.>> (Public
Law 104-333) is amended by inserting ``Butler,'' after ``Beaver,''.
SEC. 473. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ADDITION.
Section 604(b)(2) of title VI of Division II of the Omnibus Parks
and Public Lands Management Act of 1996 <<NOTE: 16 USC 461 note.>> is
amended by adding at the end the following new subparagraphs:
``(O) Berkeley County.
``(P) Saluda County.
``(Q) The portion of Georgetown County that is not
part of the Gullah/Geechee Cultural Heritage
Corridor.''.
SEC. 474. <<NOTE: 16 USC 461 note.>> OHIO AND ERIE CANAL NATIONAL
HERITAGE CORRIDOR TECHNICAL CORRECTIONS.
Title VIII of Division II of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333) is amended--
(1) by striking ``Canal National Heritage Corridor'' each
place it appears and inserting ``National Heritage Canalway'';
(2) by striking ``corridor'' each place it appears and
inserting ``canalway'', except in references to the feasibility
study and management plan;
(3) in the heading of section 808(a)(3), by striking
``corridor'' and inserting ``canalway'';
(4) in the title heading, by striking ``CANAL NATIONAL
HERITAGE CORRIDOR'' and inserting ``NATIONAL HERITAGE
CANALWAY'';
(5) in section 803--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3), (4), (5), (6),
and (7) as paragraphs (2), (3), (4), (5), and (6),
respectively;
(C) in paragraph (2) (as redesignated by
subparagraph (B)), by striking ``808'' and inserting
``806''; and
(D) in paragraph (6) (as redesignated by
subparagraph (B)), by striking ``807(a)'' and inserting
``805(a)'';
(6) in the heading of section 804, by striking ``canal
national heritage corridor'' and inserting ``national heritage
canalway'';
(7) in the second sentence of section 804(b)(1), by striking
``808'' and inserting ``806'';
(8) by striking sections 805 and 806;
(9) by redesignating sections 807, 808, 809, 810, 811, and
812 as sections 805, 806, 807, 808, 809, and 810, respectively;
(10) in section 805(c)(2) (as redesignated by paragraph
(9)), by striking ``808'' and inserting ``806'';
(11) in section 806 (as redesignated by paragraph (9))--
(A) in subsection (a)(1), by striking ``Committee''
and inserting ``Secretary'';
(B) in the heading of subsection (a)(1), by striking
``committee'' and inserting ``secretary'';
[[Page 122 STAT. 827]]
(C) in subsection (a)(3), in the first sentence of
subparagraph (B), by striking ``Committee'' and
inserting ``management entity'';
(D) in subsection (e), by striking ``807(d)(1)'' and
inserting ``805(d)(1)''; and
(E) in subsection (f), by striking ``807(d)(1)'' and
inserting ``805(d)(1)'';
(12) in section 807 (as redesignated by paragraph (9)), in
subsection (c) by striking ``Cayohoga Valley National Recreation
Area'' and inserting ``Cayohoga Valley National Park'';
(13) in section 808 (as redesignated by paragraph (9))--
(A) in subsection (b), by striking ``Committee or'';
and
(B) in subsection (c), in the matter before
paragraph (1), by striking ``Committee'' and inserting
``management entity''; and
(14) in section 809 (as redesignated by paragraph (9)), by
striking ``assistance'' and inserting ``financial assistance''.
SEC. 475. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE EXTENSION OF
AUTHORIZATION.
Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is amended as
follows:
(1) Strike paragraph (1) of subsection (b) and insert the
following new paragraph:
``(1) In general.--Amounts made available under subsection
(a) shall be used only for--
``(A) technical assistance;
``(B) the design and fabrication of interpretive
materials, devices, and signs; and
``(C) the preparation of the strategic plan.''.
(2) Paragraph (3) of subsection (b) is amended by inserting
after subparagraph (B) a new subparagraph as follows:
``(C) Notwithstanding paragraph (3)(A), funds made
available under subsection (a) for the preparation of
the strategic plan shall not require a non-Federal
match.''.
(3) Subsection (c) is amended by striking ``2007'' and
inserting ``2011''.
Subtitle F--Studies
SEC. 481. COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means--
(A) the coastal areas of Clatsop and Pacific
Counties (also known as the North Beach Peninsula); and
(B) areas relating to Native American history, local
history, Euro-American settlement culture, and related
economic activities of the Columbia River within a
corridor along the Columbia River eastward in Clatsop,
Pacific, Columbia, and Wahkiakum Counties.
(b) Columbia-Pacific National Heritage Area Study.--
[[Page 122 STAT. 828]]
(1) In general.--The Secretary, in consultation with the
managers of any Federal land within the study area, appropriate
State and local governmental agencies, tribal governments, and
any interested organizations, shall conduct a study to determine
the feasibility of designating the study area as the Columbia-
Pacific National Heritage Area.
(2) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historic, and
cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
conservation, interpretation, and continuing use, and
are best managed through partnerships among public and
private entities and by combining diverse and sometimes
noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the national story;
(C) provides outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
(D) provides outstanding recreational and
educational opportunities;
(E) contains resources important to the identified
theme or themes of the study area that retain a degree
of integrity capable of supporting interpretation;
(F) includes residents, business interests,
nonprofit organizations, and local and State governments
that are involved in the planning, have developed a
conceptual financial plan that outlines the roles for
all participants, including the Federal Government, and
have demonstrated support for the concept of a national
heritage area;
(G) has a potential local coordinating entity to
work in partnership with residents, business interests,
nonprofit organizations, and local and State governments
to develop a national heritage area consistent with
continued local and State economic activity; and
(H) has a conceptual boundary map that is supported
by the public.
(3) Private property.--In conducting the study required by
this subsection, the Secretary shall analyze the potential
impact that designation of the area as a national heritage area
is likely to have on land within the proposed area or bordering
the proposed area that is privately owned at the time that the
study is conducted.
(c) Report.--Not later than 3 fiscal years after the date on which
funds are made available to carry out the study, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives a
report that describes the findings, conclusions, and recommendations of
the Secretary with respect to the study.
SEC. 482. STUDY OF SITES RELATING TO ABRAHAM LINCOLN IN KENTUCKY.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means a
National Heritage Area in the State to honor Abraham Lincoln.
[[Page 122 STAT. 829]]
(2) State.--The term ``State'' means the Commonwealth of
Kentucky.
(3) Study area.--The term ``study area'' means the study
area described in subsection (b)(2).
(b) Study.--
(1) In general.--The Secretary, in consultation with the
Kentucky Historical Society, other State historical societies,
the State Historic Preservation Officer, State tourism offices,
and other appropriate organizations and agencies, shall conduct
a study to assess the suitability and feasibility of designating
the study area as a National Heritage Area in the State to honor
Abraham Lincoln.
(2) Description of study area.--The study area shall
include--
(A) Boyle, Breckinridge, Fayette, Franklin, Hardin,
Jefferson, Jessamine, Larue, Madison, Mercer, and
Washington Counties in the State; and
(B) the following sites in the State:
(i) The Abraham Lincoln Birthplace National
Historic Site.
(ii) The Abraham Lincoln Boyhood Home Unit.
(iii) Downtown Hodgenville, Kentucky,
including the Lincoln Museum and Adolph A. Weinman
statue.
(iv) Lincoln Homestead State Park and Mordecai
Lincoln House.
(v) Camp Nelson Heritage Park.
(vi) Farmington Historic Home.
(vii) The Mary Todd Lincoln House.
(viii) Ashland, which is the Henry Clay
Estate.
(ix) The Old State Capitol.
(x) The Kentucky Military History Museum.
(xi) The Thomas D. Clark Center for Kentucky
History.
(xii) The New State Capitol.
(xiii) Whitehall.
(xiv) Perryville Battlefield State Historic
Site.
(xv) The Joseph Holt House.
(xvi) Elizabethtown, Kentucky, including the
Lincoln Heritage House.
(xvii) Lincoln Marriage Temple at Fort Harrod.
(3) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historic, and
cultural resources that--
(i) interpret--
(I) the life of Abraham Lincoln; and
(II) the contributions of Abraham
Lincoln to the United States;
(ii) represent distinctive aspects of the
heritage of the United States;
(iii) are worthy of recognition, conservation,
interpretation, and continuing use; and
(iv) would be best managed--
(I) through partnerships among
public and private entities; and
(II) by linking diverse and
sometimes noncontiguous resources and
active communities;
[[Page 122 STAT. 830]]
(B) reflects traditions, customs, beliefs, and
historical events that are a valuable part of the story
of the United States;
(C) provides--
(i) outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
and
(ii) outstanding educational opportunities;
(D) contains resources that--
(i) are important to any identified themes of
the study area; and
(ii) retain a degree of integrity capable of
supporting interpretation;
(E) includes residents, business interests,
nonprofit organizations, and State and local governments
that--
(i) are involved in the planning of the
Heritage Area;
(ii) have developed a conceptual financial
plan that outlines the roles of all participants
in the Heritage Area, including the Federal
Government; and
(iii) have demonstrated support for
designation of the Heritage Area;
(F) has a potential management entity to work in
partnership with the individuals and entities described
in subparagraph (E) to develop the Heritage Area while
encouraging State and local economic activity; and
(G) has a conceptual boundary map that is supported
by the public.
(c) Report.--Not later than the third fiscal year after the date on
which funds are first made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.
TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY
AUTHORIZATIONS
SEC. 501. ALASKA WATER RESOURCES STUDY.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Alaska.
(b) Alaska Water Resources Study.--
(1) Study.--The Secretary, acting through the Commissioner
of Reclamation and the Director of the United States Geological
Survey, where appropriate, and in accordance with this section
and other applicable provisions of law, shall conduct a study
that includes--
(A) a survey of accessible water supplies, including
aquifers, on the Kenai Peninsula and in the Municipality
of Anchorage, the Matanuska-Susitna Borough, the city of
Fairbanks, and the Fairbanks Northstar Borough;
[[Page 122 STAT. 831]]
(B) a survey of water treatment needs and
technologies, including desalination, applicable to the
water resources of the State; and
(C) a review of the need for enhancement of the
streamflow information collected by the United States
Geological Survey in the State relating to critical
water needs in areas such as--
(i) infrastructure risks to State
transportation;
(ii) flood forecasting;
(iii) resource extraction; and
(iv) fire management.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
a report describing the results of the study required by
paragraph (1).
(c) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
enactment of this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 502. RENEGOTIATION OF PAYMENT SCHEDULE, REDWOOD VALLEY COUNTY
WATER DISTRICT.
Section 15 of Public Law 100-516 (102 Stat. 2573) is amended--
(1) by amending paragraph (2) of subsection (a) to read as
follows:
``(2) If, as of January 1, 2006, the Secretary of the
Interior and the Redwood Valley County Water District have not
renegotiated the schedule of payment, the District may enter
into such additional non-Federal obligations as are necessary to
finance procurement of dedicated water rights and improvements
necessary to store and convey those rights to provide for the
District's water needs. The Secretary shall reschedule the
payments due under loans numbered 14-06-200-8423A and 14-06-200-
8423A Amendatory and said payments shall commence when such
additional obligations have been financially satisfied by the
District. The date of the initial payment owed by the District
to the United States shall be regarded as the start of the
District's repayment period and the time upon which any interest
shall first be computed and assessed under section 5 of the
Small Reclamation Projects Act of 1956 (43 U.S.C. 422a et
seq.).''; and
(2) by striking subsection (c).
SEC. 503. <<NOTE: California.>> AMERICAN RIVER PUMP STATION
PROJECT TRANSFER.
(a) Authority To Transfer.--The Secretary of the Interior (hereafter
in this section referred to as the ``Secretary'') shall transfer
ownership of the American River Pump Station Project located at Auburn,
California, which includes the Pumping Plant, associated facilities, and
easements necessary for permanent operation of the facilities, to the
Placer County Water Agency, in accordance with the terms of Contract No.
02-LC-20-7790 between the United States and Placer County Water Agency
and the terms and conditions established in this section.
[[Page 122 STAT. 832]]
(b) Federal Costs Nonreimbursable.--Federal costs associated with
construction of the American River Pump Station Project located at
Auburn, California, are nonreimbursable.
(c) Grant of Real Property Interest.--The Secretary is authorized to
grant title to Placer County Water Agency as provided in subsection (a)
in full satisfaction of the United States' obligations under Land
Purchase Contract 14-06-859-308 to provide a water supply to the Placer
County Water Agency.
(d) Compliance With Environmental Laws.--
(1) In general.--Before conveying land and facilities
pursuant to this section, the Secretary shall comply with all
applicable requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other law applicable to the land and
facilities.
(2) Effect.--Nothing in this section modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(e) Release From Liability.--Effective on the date of transfer to
the Placer County Water Agency of any land or facility under this
section, the United States shall not be liable for damages arising out
of any act, omission, or occurrence relating to the land and facilities,
consistent with Article 9 of Contract No. 02-LC-20-7790 between the
United States and Placer County Water Agency.
SEC. 504. ARTHUR V. WATKINS DAM ENLARGEMENT.
(a) Findings.--Congress finds the following:
(1) Arthur V. Watkins Dam is a feature of the Weber Basin
Project, which was authorized by law on August 29, 1949.
(2) Increasing the height of Arthur V. Watkins Dam and
construction of pertinent facilities may provide additional
storage capacity for the development of additional water supply
for the Weber Basin Project for uses of municipal and industrial
water supply, flood control, fish and wildlife, and recreation.
(b) Authorization of Feasibility Study.--The Secretary of the
Interior, acting through the Bureau of Reclamation, is authorized to
conduct a feasibility study on raising the height of Arthur V. Watkins
Dam for the development of additional storage to meet water supply needs
within the Weber Basin Project area and the Wasatch Front. The
feasibility study shall include such environmental evaluation as
required under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and a cost allocation as required under the Reclamation
Project Act of 1939 (43 U.S.C. 485 et seq.).
(c) Cost Shares.--
(1) Federal share.--The Federal share of the costs of the
study authorized in subsection (b) shall not exceed 50 percent
of the total cost of the study.
(2) In-kind contributions.--The Secretary shall accept, as
appropriate, in-kind contributions of goods or services from
[[Page 122 STAT. 833]]
the Weber Basin Water Conservancy District. Such goods and
services accepted under this subsection shall be counted as part
of the non-Federal cost share for the study.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $1,000,000 for the Federal cost share of
the study authorized in subsection (b).
(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
enactment of this Act.
SEC. 505. NEW MEXICO WATER PLANNING ASSISTANCE.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation and
the United States Geological Survey.
(2) State.--The term ``State'' means the State of New
Mexico.
(b) Comprehensive Water Plan Assistance.--
(1) In general.--Upon the request of the Governor of the
State and subject to paragraphs (2) through (6), the Secretary
shall--
(A) provide to the State technical assistance and
grants for the development of comprehensive State water
plans;
(B) conduct water resources mapping in the State;
and
(C) conduct a comprehensive study of groundwater
resources (including potable, brackish, and saline water
resources) in the State to assess the quantity, quality,
and interaction of groundwater and surface water
resources.
(2) Technical assistance.--Technical assistance provided
under paragraph (1) may include--
(A) acquisition of hydrologic data, groundwater
characterization, database development, and data
distribution;
(B) expansion of climate, surface water, and
groundwater monitoring networks;
(C) assessment of existing water resources, surface
water storage, and groundwater storage potential;
(D) numerical analysis and modeling necessary to
provide an integrated understanding of water resources
and water management options;
(E) participation in State planning forums and
planning groups;
(F) coordination of Federal water management
planning efforts;
(G) technical review of data, models, planning
scenarios, and water plans developed by the State; and
(H) provision of scientific and technical
specialists to support State and local activities.
(3) Allocation.--In providing grants under paragraph (1),
the Secretary shall, subject to the availability of
appropriations, allocate--
(A) $5,000,000 to develop hydrologic models and
acquire associated equipment for the New Mexico Rio
Grande main stem sections and Rios Pueblo de Taos and
[[Page 122 STAT. 834]]
Hondo, Rios Nambe, Pojoaque and Teseque, Rio Chama, and
Lower Rio Grande tributaries;
(B) $1,500,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for the San Juan River and tributaries;
(C) $1,000,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for Southwest New Mexico, including the Animas
Basin, the Gila River, and tributaries;
(D) $4,500,000 for statewide digital
orthophotography mapping; and
(E) such sums as are necessary to carry out
additional projects consistent with paragraph (2).
(4) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the total
cost of any activity carried out using a grant provided
under paragraph (1) shall be 50 percent.
(B) Form of non-federal share.--The non-Federal
share under subparagraph (A) may be in the form of any
in-kind services that the Secretary determines would
contribute substantially toward the conduct and
completion of the activity assisted.
(5) Nonreimbursable basis.--Any assistance or grants
provided to the State under this section shall be made on a non-
reimbursable basis.
(6) Authorized transfers.--On request of the State, the
Secretary shall directly transfer to 1 or more Federal agencies
any amounts made available to the State to carry out this
section.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2008 through 2012.
(d) Sunset of Authority.--The authority of the Secretary to carry
out any provisions of this section shall terminate 10 years after the
date of enactment of this Act.
SEC. 506. CONVEYANCE OF CERTAIN BUILDINGS AND LANDS OF THE YAKIMA
PROJECT, WASHINGTON.
(a) Conveyance Required.--The Secretary of the Interior shall convey
to the Yakima-Tieton Irrigation District, located in Yakima County,
Washington, all right, title, and interest of the United States in and
to the buildings and lands of the Yakima Project, Washington, in
accordance with the terms and conditions set forth in the agreement
titled ``Agreement Between the United States and the Yakima-Tieton
Irrigation District to Transfer Title to Certain Federally Owned
Buildings and Lands, With Certain Property Rights, Title, and Interest,
to the Yakima-Tieton Irrigation District'' (Contract No. 5-07-10-L1658).
(b) <<NOTE: Effective date.>> Liability.--Effective upon the date
of conveyance under this section, the United States shall not be held
liable by any court for damages of any kind arising out of any act,
omission, or occurrence relating to the conveyed buildings and lands,
except for damages caused by acts of negligence committed by the United
States or by its employees or agents before the date of conveyance.
Nothing in this section increases the liability of the United States
beyond that provided in chapter 171 of title 28, United States
[[Page 122 STAT. 835]]
Code (popularly known as the Federal Tort Claims Act), on the date of
enactment of this Act.
(c) Benefits.--After conveyance of the buildings and lands to the
Yakima-Tieton Irrigation District under this section--
(1) such buildings and lands shall not be considered to be a
part of a Federal reclamation project; and
(2) such irrigation district shall not be eligible to
receive any benefits with respect to any buildings and lands
conveyed, except benefits that would be available to a similarly
situated person with respect to such buildings and lands that
are not part of a Federal reclamation project.
(d) Report.--If the Secretary of the Interior has not completed the
conveyance required under subsection (a) within 12 months after the date
of enactment of this Act, the Secretary shall submit to Congress a
report that explains the reason such conveyance has not been completed
and stating the date by which the conveyance will be completed.
SEC. 507. CONJUNCTIVE USE OF SURFACE AND GROUNDWATER IN JUAB
COUNTY, UTAH.
Section 202(a)(2) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575) <<NOTE: 106 Stat. 4608.>>
is amended by inserting ``Juab,'' after ``Davis,''.
SEC. 508. <<NOTE: Idaho.>> EARLY REPAYMENT OF A & B IRRIGATION
DISTRICT CONSTRUCTION COSTS.
(a) In General.--Notwithstanding section 213 of the Reclamation
Reform Act of 1982 (43 U.S.C. 390mm), any landowner within the A & B
Irrigation District in the State (referred to in this section as the
``District'') may repay, at any time, the construction costs of District
project facilities that are allocated to land of the landowner within
the District.
(b) Applicability of Full-Cost Pricing Limitations.--On discharge,
in full, of the obligation for repayment of all construction costs
described in subsection (a) that are allocated to all land the landowner
owns in the District in question, the parcels of land shall not be
subject to the ownership and full-cost pricing limitations under Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.), including the Reclamation Reform Act of 1982 (13 U.S.C. 390aa et
seq.).
(c) Certification.--On request of a landowner that has repaid, in
full, the construction costs described in subsection (a), the Secretary
of the Interior shall provide to the landowner a certificate described
in section 213(b)(1) of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm(b)(1)).
(d) Effect.--Nothing in this section--
(1) modifies any contractual rights under, or amends or
reopens, the reclamation contract between the District and the
United States; or
(2) modifies any rights, obligations, or relationships
between the District and landowners in the District under Idaho
State law.
SEC. 509. OREGON WATER RESOURCES.
(a) Extension of Participation of Bureau of Reclamation in Deschutes
River Conservancy.--Section 301 of the Oregon
[[Page 122 STAT. 836]]
Resource Conservation Act of 1996 (division B of Public Law 104-208; 110
Stat. 3009-534) is amended--
(1) in subsection (a)(1), by striking ``Deschutes River
Basin Working Group'' and inserting ``Deschutes River
Conservancy Working Group'';
(2) by amending the text of subsection (a)(1)(B) to read as
follows: ``4 representatives of private interests including two
from irrigated agriculture who actively farm more than 100 acres
of irrigated land and are not irrigation district managers and
two from the environmental community;'';
(3) in subsection (b)(3), by inserting before the final
period the following: ``, and up to a total amount of $2,000,000
during each of fiscal years 2007 through 2016''; and
(4) in subsection (h), by inserting before the period at the
end the following: ``, and $2,000,000 for each of fiscal years
2007 through 2016''.
(b) Wallowa Lake Dam Rehabilitation Act.--
(1) Definitions.--In this subsection:
(A) Associated ditch companies, incorporated.--The
term ``Associated Ditch Companies, Incorporated'' means
the nonprofit corporation established under the laws of
the State of Oregon that operates Wallowa Lake Dam.
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the
Commissioner of Reclamation.
(C) Wallowa lake dam rehabilitation program.--The
term ``Wallowa Lake Dam Rehabilitation Program'' means
the program for the rehabilitation of the Wallowa Lake
Dam in Oregon, as contained in the engineering document
titled, ``Phase I Dam Assessment and Preliminary
Engineering Design'', dated December 2002, and on file
with the Bureau of Reclamation.
(2) Authorization to participate in program.--
(A) Grants and cooperative agreements.--The
Secretary may provide grants to, or enter into
cooperative or other agreements with, tribal, State, and
local governmental entities and the Associated Ditch
Companies, Incorporated, to plan, design, and construct
facilities needed to implement the Wallowa Lake Dam
Rehabilitation Program.
(B) Conditions.--As a condition of providing funds
under subparagraph (A), the Secretary shall ensure
that--
(i) the Wallowa Lake Dam Rehabilitation
Program and activities under this section meet the
standards of the dam safety program of the State
of Oregon;
(ii) the Associated Ditch Companies,
Incorporated, agrees to assume liability for any
work performed, or supervised, with Federal funds
provided to it under this subsection; and
(iii) the United States shall not be liable
for damages of any kind arising out of any act,
omission, or occurrence relating to a facility
rehabilitated or constructed with Federal funds
provided under this subsection, both while and
after activities are conducted using Federal funds
provided under this subsection.
(C) Cost sharing.--
[[Page 122 STAT. 837]]
(i) In general.--The Federal share of the
costs of activities authorized under this
subsection shall not exceed 50 percent.
(ii) Exclusions from federal share.--There
shall not be credited against the Federal share of
such costs--
(I) any expenditure by the
Bonneville Power Administration in the
Wallowa River watershed; and
(II) expenditures made by individual
agricultural producers in any Federal
commodity or conservation program.
(D) Compliance with state law.--The Secretary, in
carrying out this subsection, shall comply with
applicable Oregon State water law.
(E) Prohibition on holding title.--The Federal
Government shall not hold title to any facility
rehabilitated or constructed under this subsection.
(F) Prohibition on operation and maintenance.--The
Federal Government shall not be responsible for the
operation and maintenance of any facility constructed or
rehabilitated under this subsection.
(3) Relationship to other law.--Activities funded under this
subsection shall not be considered a supplemental or additional
benefit under Federal reclamation law (the Act of June 17, 1902
(32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.)).
(4) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to pay the Federal share of the
costs of activities authorized under this subsection $6,000,000.
(5) Sunset.--The authority of the Secretary to carry out any
provisions of this subsection shall terminate 10 years after the
date of the enactment of this subsection.
(c) Little Butte/Bear Creek Subbasins, Oregon, Water Resource
Study.--
(1) Authorization.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may participate in the Water
for Irrigation, Streams and the Economy Project water management
feasibility study and environmental impact statement in
accordance with the ``Memorandum of Agreement Between City of
Medford and Bureau of Reclamation for the Water for Irrigation,
Streams, and the Economy Project'', dated July 2, 2004.
(2) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the Bureau of Reclamation $500,000 to
carry out activities under this subsection.
(B) Non-federal share.--
(i) In general.--The non-Federal share shall
be 50 percent of the total costs of the Bureau of
Reclamation in carrying out paragraph (1).
(ii) Form.--The non-Federal share required
under clause (i) may be in the form of any in-kind
services that the Secretary of the Interior
determines would contribute substantially toward
the conduct and
[[Page 122 STAT. 838]]
completion of the study and environmental impact
statement required under paragraph (1).
(3) Sunset.--The authority of the Secretary to carry out any
provisions of this subsection shall terminate 10 years after the
date of the enactment of this section.
(d) North Unit Irrigation District.--The Act of August 10, 1954 (68
Stat. 679, chapter 663), is amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:
``SEC. 3. ADDITIONAL TERMS.
``On approval of the District directors and notwithstanding project
authorizing legislation to the contrary, the Contract is modified,
without further action by the Secretary of the Interior, to include the
following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise 49,817.75
irrigable acres, of which 35,773.75 acres are in Class A and
14,044.40 in Class B. These lands and the standards upon which
the classification was made are described in the document
entitled ``Land Classification, North Unit, Deschutes Project,
1953'' which is on file in the office of the Regional Director,
Bureau of Reclamation, Boise, Idaho, and in the office of the
District' and inserting `The classified irrigable land within
the project comprises 58,902.8 irrigable acres, all of which are
authorized to receive irrigation water pursuant to water rights
issued by the State of Oregon and have in the past received
water pursuant to such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable area
is not exceeded' and inserting `irrigation service is provided
to no more than approximately 59,000 acres and no amendment to
the District boundary is required' after `time so long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or take
advantage of, conserved water projects as authorized by Oregon
State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the National
Forests, Parks, Public Land, and Reclamation Projects
Authorization Act of 2007, the annual installment for each year,
for the District, under the Contract, on account of the
District's construction charge obligation, shall be a fixed and
equal annual amount payable on June 30 the year following the
year for which it is applicable, such that the District's total
[[Page 122 STAT. 839]]
construction charge obligation shall be completely paid by June
30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes, to
the extent that such use is required by Oregon State law in
order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law,'
after `and incidental stock and domestic uses', by inserting
`and for instream purposes as described above,' after
`irrigation, stock and domestic uses', and by inserting `,
including natural flow rights out of the Crooked River held by
the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes, to
the extent that such use is required by Oregon State law in
order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law'
after `provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper State
court approving and confirming this contract and decreeing and
adjudging it to be a lawful, valid, and binding general
obligation of the District. The District shall furnish to the
United States certified copies of such decrees and of all
pertinent supporting records.' after `for that purpose.'.
``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
``The Secretary of the Interior (acting through the Commissioner of
Reclamation) may in the future renegotiate with the District such terms
of the Contract as the District directors determine to be necessary,
only upon the written request of the District directors and the consent
of the Commissioner of Reclamation.''.
SEC. 510. REPUBLICAN RIVER BASIN FEASIBILITY STUDY.
(a) Authorization of Study.--Pursuant to reclamation laws, the
Secretary of the Interior, acting through the Bureau of Reclamation and
in consultation and cooperation with the States of Nebraska, Kansas, and
Colorado, may conduct a study to--
(1) determine the feasibility of implementing a water supply
and conservation project that will--
(A) improve water supply reliability in the
Republican River Basin between Harlan County Lake in
Nebraska and Milford Lake in Kansas, including areas in
the counties of Harlan, Franklin, Webster, and Nuckolls
in Nebraska and Jewel, Republic, Cloud, Washington, and
Clay in Kansas (in this section referred to as the
``Republican River Basin'');
(B) increase the capacity of water storage through
modifications of existing projects or through new
projects that serve areas in the Republican River Basin;
and
(C) improve water management efficiency in the
Republican River Basin through conservation and other
available means and, where appropriate, evaluate
integrated water resource management and supply needs in
the Republican River Basin; and
(2) consider appropriate cost-sharing options for
implementation of the project.
[[Page 122 STAT. 840]]
(b) Cost Sharing.--The Federal share of the cost of the study shall
not exceed 50 percent of the total cost of the study, and shall be
nonreimbursable.
(c) Cooperative Agreements.--The Secretary shall undertake the study
through cooperative agreements with the State of Kansas or Nebraska and
other appropriate entities determined by the Secretary.
(d) Completion and Report.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of the enactment of this Act,
the Secretary of the Interior shall complete the study and
transmit to the Congress a report containing the results of the
study.
(2) Extension.--If the Secretary determines that the study
cannot be completed within the 3-year period beginning on the
date of the enactment of this Act, the Secretary--
(A) shall, at the time of that determination, report
to the Congress on the status of the study, including an
estimate of the date of completion; and
(B) complete the study and transmit to the Congress
a report containing the results of the study by not
later than that date.
(e) Sunset of Authority.--The authority of the Secretary to carry
out any provisions of this section shall terminate 10 years after the
date of the enactment of this Act.
SEC. 511. EASTERN MUNICIPAL WATER DISTRICT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.) is amended by adding at the
end the following:
``SEC. 1639. <<NOTE: 43 USC 390h-24.>> EASTERN MUNICIPAL WATER
DISTRICT RECYCLED WATER SYSTEM
PRESSURIZATION AND EXPANSION PROJECT,
CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with the Eastern
Municipal Water District, California, may participate in the design,
planning, and construction of permanent facilities needed to establish
operational pressure zones that will be used to provide recycled water
in the district.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be used
for operation or maintenance of the project described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,000,000.
``(e) Sunset of Authority.--The authority of the Secretary to carry
out any provisions of this section shall terminate 10 years after the
date of enactment of this section.''.
(b) Conforming Amendment.--The table of sections in section 2 of the
Reclamation Projects Authorization and Adjustment Act
[[Page 122 STAT. 841]]
of 1992 (43 U.S.C. prec. 371) is amended by inserting after the item
relating to section 1638 the following:
``Sec. 1639. Eastern Municipal Water District Recycled Water System
Pressurization and Expansion Project, California.''.
SEC. 512. <<NOTE: California.>> BAY AREA REGIONAL WATER RECYCLING
PROGRAM.
(a) Project Authorizations.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.) (as amended by
section 512(a)) is amended by adding at the end the following:
``SEC. 1642. <<NOTE: 43 USC 390h-25.>> MOUNTAIN VIEW, MOFFETT
AREA RECLAIMED WATER PIPELINE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City of
Palo Alto, California, and the City of Mountain View, California, is
authorized to participate in the design, planning, and construction of
recycled water distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total cost
of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 1643. <<NOTE: 43 USC 390h-26.>> PITTSBURG RECYCLED WATER
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City of
Pittsburg, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total cost
of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,750,000.
``SEC. 1644. <<NOTE: 43 USC 390h-27.>> ANTIOCH RECYCLED WATER
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City of
Antioch, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total cost
of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,250,000.
[[Page 122 STAT. 842]]
``SEC. 1645. <<NOTE: 43 USC 390h-28.>> NORTH COAST COUNTY WATER
DISTRICT RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the North
Coast County Water District, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total cost
of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
``SEC. 1646. <<NOTE: 43 USC 390h-29.>> REDWOOD CITY RECYCLED
WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City of
Redwood City, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total cost
of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,100,000.
``SEC. 1647. <<NOTE: 43 USC 390h-30.>> SOUTH SANTA CLARA COUNTY
RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the South
County Regional Wastewater Authority and the Santa Clara Valley Water
District, is authorized to participate in the design, planning, and
construction of recycled water system distribution facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total cost
of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.
``SEC. 1648. <<NOTE: 43 USC 390h-31.>> SOUTH BAY ADVANCED
RECYCLED WATER TREATMENT FACILITY.
``(a) Authorization.--The Secretary, in cooperation with the City of
San Jose, California, and the Santa Clara Valley Water District, is
authorized to participate in the design, planning, and construction of
recycled water treatment facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total cost
of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.''.
[[Page 122 STAT. 843]]
(2) Conforming amendments.--The table of sections in section
2 of the Reclamation Projects Authorization and Adjustment Act
of 1992 (43 U.S.C. prec. 371) (as amended by section 512(b)) is
amended by inserting after the item relating to section 1641 the
following:
``Sec. 1642. Mountain View, Moffett Area Reclaimed Water Pipeline
Project.
``Sec. 1643. Pittsburg Recycled Water Project.
``Sec. 1644. Antioch Recycled Water Project.
``Sec. 1645. North Coast County Water District Recycled Water Project.
``Sec. 1646. Redwood City Recycled Water Project.
``Sec. 1647. South Santa Clara County Recycled Water Project.
``Sec. 1648. South Bay Advanced Recycled Water Treatment Facility.''.
(b) San Jose Area Water Reclamation and Reuse Project.--It is the
intent of Congress that a comprehensive water recycling program for the
San Francisco Bay Area include the San Jose Area water reclamation and
reuse program authorized by section 1607 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-5).
SEC. 513. <<NOTE: 43 USC 373e.>> BUREAU OF RECLAMATION SITE
SECURITY.
(a) Treatment of Capital Costs.--Costs incurred by the Secretary of
the Interior for the physical fortification of Bureau of Reclamation
facilities to satisfy increased post-September 11, 2001, security needs,
including the construction, modification, upgrade, or replacement of
such facility fortifications, shall be nonreimbursable.
(b) Treatment of Security-Related Operation and Maintenance Costs.--
(1) Reimbursable costs.--The Secretary of the Interior shall
include no more than $18,900,000 per fiscal year, indexed each
fiscal year after fiscal year 2008 according to the preceding
year's Consumer Price Index, of those costs incurred for
increased levels of guards and patrols, training, patrols by
local and tribal law enforcement entities, operation,
maintenance, and replacement of guard and response force
equipment, and operation and maintenance of facility
fortifications at Bureau of Reclamation facilities after the
events of September 11, 2001, as reimbursable operation and
maintenance costs under Reclamation law.
(2) Costs collected through water rates.--In the case of the
Central Valley Project of California, site security costs
allocated to irrigation and municipal and industrial water
service in accordance with this section shall be collected by
the Secretary exclusively through inclusion of these costs in
the operation and maintenance water rates.
(c) Transparency and Report to Congress.--
(1) Policies and procedures.--The Secretary is authorized to
develop policies and procedures with project beneficiaries,
consistent with the requirements of paragraphs (2) and (3), to
provide for the payment of the reimbursable costs described in
subsection (b).
(2) Notice.--On identifying a Bureau of Reclamation facility
for a site security measure, the Secretary shall provide to the
project beneficiaries written notice--
(A) describing the need for the site security
measure and the process for identifying and implementing
the site security measure; and
[[Page 122 STAT. 844]]
(B) summarizing the administrative and legal
requirements relating to the site security measure.
(3) Consultation.--The Secretary shall--
(A) provide project beneficiaries an opportunity to
consult with the Bureau of Reclamation on the planning,
design, and construction of the site security measure;
and
(B) in consultation with project beneficiaries,
develop and provide timeframes for the consultation
described in subparagraph (A).
(4) Response; notice.--Before incurring costs pursuant to
activities described in subsection (b), the Secretary shall
consider cost containment measures recommended by a project
beneficiary that has elected to consult with the Bureau of
Reclamation on such activities. The Secretary shall provide to
the project beneficiary--
(A) a timely written response describing proposed
actions, if any, to address the recommendation; and
(B) notice regarding the costs and status of such
activities on a periodic basis.
(5) Report.--The Secretary shall report annually to the
Natural Resources Committee of the House of Representatives and
the Energy and Natural Resources Committee of the Senate on site
security actions and activities undertaken pursuant to this Act
for each fiscal year. The report shall include a summary of
Federal and non-Federal expenditures for the fiscal year and
information relating to a 5-year planning horizon for the
program, detailed to show pre-September 11, 2001, and post-
September 11, 2001, costs for the site security activities.
(d) Pre-September 11, 2001 Security Cost Levels.--Reclamation
project security costs at the levels of activity that existed prior to
September 11, 2001, shall remain reimbursable.
SEC. 514. <<NOTE: 42 USC 10301 note.>> MORE WATER, MORE ENERGY,
AND LESS WASTE.
(a) Findings.--The Congress finds that--
(1) development of energy resources, including oil, natural
gas, coalbed methane, and geothermal resources, frequently
results in bringing to the surface water extracted from
underground sources;
(2) some of that produced water is used for irrigation or
other purposes, but most of the water is returned to the
subsurface or otherwise disposed of as waste;
(3) reducing the quantity of produced water returned to the
subsurface and increasing the quantity of produced water that is
made available for irrigation and other uses--
(A) would augment water supplies;
(B) could reduce the costs to energy developers for
disposing of the water; and
(C) in some cases, could increase the efficiency of
energy development activities; and
(4) it is in the national interest--
(A) to limit the quantity of produced water disposed
of as waste;
(B) to optimize the production of energy resources;
and
[[Page 122 STAT. 845]]
(C) to remove or reduce obstacles to use of produced
water for irrigation or other purposes in ways that will
not adversely affect water quality or the environment.
(b) Purposes.--The purposes of this section are--
(1) to optimize the production of energy resources--
(A) by minimizing the quantity of produced water;
and
(B) by facilitating the use of produced water for
irrigation and other purposes without adversely
affecting water quality or the environment; and
(2) to demonstrate means of accomplishing those results.
(c) Definitions.--In this section:
(1) Lower basin state.--The term ``Lower Basin State'' means
any of the States of--
(A) Arizona;
(B) California; and
(C) Nevada.
(2) Produced water.--The term ``produced water'' means water
from an underground source that is brought to the surface as
part of the process of exploration for, or development of--
(A) oil;
(B) natural gas;
(C) coalbed methane; or
(D) any other substance to be used as an energy
source.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Upper basin state.--The term ``Upper Basin State'' means
any of the States of--
(A) Colorado;
(B) New Mexico;
(C) Utah; and
(D) Wyoming.
(d) Identification of Problems and Solutions.--
(1) Study.--The Secretary shall conduct a study to
identify--
(A) the technical, economic, environmental, and
other obstacles to reducing the quantity of produced
water;
(B) the technical, economic, environmental, legal,
and other obstacles to increasing the extent to which
produced water can be used for irrigation and other
purposes without adversely affecting water quality,
public health, or the environment;
(C) the legislative, administrative, and other
actions that could reduce or eliminate the obstacles
identified in subparagraphs (A) and (B); and
(D) the costs and benefits associated with reducing
or eliminating the obstacles identified in subparagraphs
(A) and (B).
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
a report describing the results of the study under paragraph
(1).
(e) Implementation.--
[[Page 122 STAT. 846]]
(1) Grants.--Subject to the availability of appropriations,
the Secretary shall provide financial assistance for the
development of facilities, technologies, and processes to
demonstrate the feasibility, effectiveness, and safety of--
(A) optimizing energy resource production by
reducing the quantity of produced water generated; or
(B) increasing the extent to which produced water
may be recovered and made suitable for use for
irrigation, municipal, or industrial uses, or other
purposes without adversely affecting water quality or
the environment.
(2) Limitations.--Assistance under this subsection--
(A) shall be provided for--
(i) at least 1 project in each of the Upper
Basin States; and
(ii) at least 1 project in at least 1 of the
Lower Basin States;
(B) shall not exceed $1,000,000 for any project;
(C) shall be used to pay not more than 50 percent of
the total cost of a project;
(D) shall not be used for the operation or
maintenance of any facility; and
(E) may be in addition to assistance provided by the
Federal Government pursuant to other provisions of law.
(f) Consultation, Advice, and Comments.--In carrying out this
section, including in preparing the report under subsection (d)(2) and
establishing criteria to be used in connection with an award of
financial assistance under subsection (e), the Secretary shall--
(1) consult with the Secretary of Energy, the Administrator
of the Environmental Protection Agency, and appropriate
Governors and local officials;
(2)(A) review any relevant information developed in
connection with research carried out by others, including
research carried out pursuant to subtitle J of title IX of the
Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and
(B) to the extent the Secretary determines to be advisable,
include that information in the report under subsection (d)(2);
(3) seek the advice of--
(A) individuals with relevant professional or
academic expertise; and
(B) individuals or representatives of entities with
industrial experience, particularly experience relating
to production of oil, natural gas, coalbed methane, or
other energy resources (including geothermal resources);
and
(4) solicit comments and suggestions from the public.
(g) Relation to Other Laws.--Nothing in this section supersedes,
modifies, abrogates, or limits--
(1) the effect of any State law or any interstate authority
or compact relating to--
(A) any use of water; or
(B) the regulation of water quantity or quality; or
(2) the applicability or effect of any Federal law
(including regulations).
(h) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $1,000,000 to carry out subsection (d); and
(2) $7,500,000 to carry out subsection (e).
[[Page 122 STAT. 847]]
SEC. 515. <<NOTE: State listing.>> PLATTE RIVER RECOVERY
IMPLEMENTATION PROGRAM AND PATHFINDER
MODIFICATION PROJECT AUTHORIZATION.
(a) Purposes.--The purposes of this section are to authorize--
(1) the Secretary of the Interior, acting through the
Commissioner of Reclamation and in partnership with the States,
other Federal agencies, and other non-Federal entities, to
continue the cooperative effort among the Federal and non-
Federal entities through the implementation of the Platte River
Recovery Implementation Program for threatened and endangered
species in the Central and Lower Platte River Basin without
creating Federal water rights or requiring the grant of water
rights to Federal entities; and
(2) the modification of the Pathfinder Dam and Reservoir, in
accordance with the requirements described in subsection (c).
(b) Platte River Recovery Implementation Program.--
(1) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means the
Platte River Recovery Implementation Program Cooperative
Agreement entered into by the Governors of the States
and the Secretary.
(B) First increment.--The term ``First Increment''
means the first 13 years of the Program.
(C) Governance committee.--The term ``Governance
Committee'' means the governance committee established
under the Agreement and composed of members from the
States, the Federal Government, environmental interests,
and water users.
(D) Interest in land or water.--The term ``interest
in land or water'' includes a fee title, short- or long-
term easement, lease, or other contractual arrangement
that is determined to be necessary by the Secretary to
implement the land and water components of the Program.
(E) Program.--The term ``Program'' means the Platte
River Recovery Implementation Program established under
the Agreement.
(F) Project or activity.--The term ``project or
activity'' means--
(i) the planning, design, permitting or other
compliance activity, preconstruction activity,
construction, construction management, operation,
maintenance, and replacement of a facility;
(ii) the acquisition of an interest in land or
water;
(iii) habitat restoration;
(iv) research and monitoring;
(v) program administration; and
(vi) any other activity that is determined to
be necessary by the Secretary to carry out the
Program.
(G) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the
Commissioner of Reclamation.
(H) States.--The term ``States'' means the States of
Nebraska, Wyoming, and Colorado.
(2) Implementation of program.--
(A) In general.--The Secretary, in cooperation with
the Governance Committee, may--
(i) participate in the Program; and
[[Page 122 STAT. 848]]
(ii) carry out any projects and activities
that are designated for implementation during the
First Increment.
(B) Authority of secretary.--For purposes of
carrying out this section, the Secretary, in cooperation
with the Governance Committee, may--
(i) enter into agreements and contracts with
Federal and non-Federal entities;
(ii) acquire interests in land, water, and
facilities from willing sellers without the use of
eminent domain;
(iii) subsequently transfer any interests
acquired under clause (ii); and
(iv) accept or provide grants.
(3) Cost-sharing contributions.--
(A) In general.--As provided in the Agreement, the
States shall contribute not less than 50 percent of the
total contributions necessary to carry out the Program.
(B) Non-federal contributions.--The following
contributions shall constitute the States' share of the
Program:
(i) $30,000,000 in non-Federal funds, with the
balance of funds remaining to be contributed to be
adjusted for inflation on October 1 of the year
after the date of enactment of this Act and each
October 1 thereafter.
(ii) Credit for contributions of water or land
for the purposes of implementing the Program, as
determined to be appropriate by the Secretary.
(C) In-kind contributions.--The Secretary or the
States may elect to provide a portion of the Federal
share or non-Federal share, respectively, in the form of
in-kind goods or services, if the contribution of goods
or services is approved by the Governance Committee, as
provided in Attachment 1 of the Agreement.
(4) Authority to modify program.--The Program may be
modified or amended before the completion of the First Increment
if the Secretary and the States determine that the modifications
are consistent with the purposes of the Program.
(5) Effect.--
(A) Effect on reclamation laws.--No action carried
out under this subsection shall, with respect to the
acreage limitation provisions of the reclamation laws--
(i) be considered in determining whether a
district (as the term is defined in section 202 of
the Reclamation Reform Act of 1982 (43 U.S.C.
390bb)) has discharged the obligation of the
district to repay the construction cost of project
facilities used to make irrigation water available
for delivery to land in the district;
(ii) serve as the basis for reinstating
acreage limitation provisions in a district that
has completed payment of the construction
obligations of the district; or
(iii) serve as the basis for increasing the
construction repayment obligation of the district,
which would extend the period during which the
acreage limitation provisions would apply.
[[Page 122 STAT. 849]]
(B) Effect on water rights.--Nothing in this
section--
(i) creates Federal water rights; or
(ii) requires the grant of water rights to
Federal entities.
(6) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out projects and activities under
this subsection $157,140,000, as adjusted under
subparagraph (C).
(B) Nonreimbursable federal expenditures.--Any
amounts expended under subparagraph (A) shall be
considered to be nonreimbursable Federal expenditures.
(C) Adjustment.--The balance of funds remaining to
be appropriated shall be adjusted for inflation on
October 1 of the year after the date of enactment of
this Act and each October 1 thereafter.
(D) Availability of funds.--At the end of each
fiscal year, any unexpended funds for projects and
activities made available under subparagraph (A) shall
be retained for use in future fiscal years to implement
projects and activities under the Program.
(7) Termination of authority.--The authority for the
Secretary to implement the First Increment shall terminate on
September 30, 2020.
(c) Pathfinder Modification Project.--
(1) Authorization of project.--
(A) In general.--The Secretary of the Interior,
acting through the Commissioner of Reclamation (referred
to in this subsection as the ``Secretary''), may--
(i) modify the Pathfinder Dam and Reservoir;
and
(ii) enter into 1 or more agreements with the
State of Wyoming to implement the Pathfinder
Modification Project (referred to in this
subsection as the ``Project''), as described in
Appendix F to the Final Settlement Stipulation in
Nebraska v. Wyoming, 534 U.S. 40 (2001).
(B) Federal appropriations.--No Federal
appropriations are required to modify the Pathfinder Dam
under this paragraph.
(2) Authorized uses of pathfinder reservoir.--Provided that
all of the conditions described in paragraph (3) are first met,
the approximately 54,000 acre-feet capacity of Pathfinder
Reservoir, which has been lost to sediment but will be
recaptured by the Project, may be used for municipal,
environmental, and other purposes, as described in Appendix F to
the Final Settlement Stipulation in Nebraska v. Wyoming, 534
U.S. 40 (2001).
(3) Conditions precedent.--The actions and water uses
authorized in paragraphs (1)(A)(i) and (2) shall not occur until
each of the following actions have been completed:
(A) Final approval from the Wyoming legislature for
the export of Project water to the State of Nebraska
under the laws (including regulations) of the State of
Wyoming.
(B) Final approval in a change of water use
proceeding under the laws (including regulations) of the
State of Wyoming for all new uses planned for Project
water. Final
[[Page 122 STAT. 850]]
approval, as used in this subparagraph, includes
exhaustion of any available review under State law of
any administrative action authorizing the change of the
Pathfinder Reservoir water right.
SEC. 516. CENTRAL OKLAHOMA MASTER CONSERVATORY DISTRICT
FEASIBILITY STUDY.
(a) Study.--
(1) In general.--Not <<NOTE: Deadline.>> later than 3 years
after the date of enactment of this Act, the Secretary of the
Interior, acting through the Commissioner of Reclamation
(referred to in this section as the ``Secretary''), shall--
(A) conduct a feasibility study of alternatives to
augment the water supplies of--
(i) the Central Oklahoma Master Conservatory
District (referred to in this section as the
``District)''; and
(ii) cities served by the District;
(2) Inclusions.--The study under paragraph (1) shall include
recommendations of the Secretary, if any, relating to the
alternatives studied.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total costs of the
study under subsection (a) shall not exceed 50 percent.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) may be in the form of any in-kind
services that the Secretary determines would contribute
substantially toward the conduct and completion of the study.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to conduct the study under subsection (a)
$900,000.
TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS
SEC. 601. ENERGY TECHNOLOGY TRANSFER.
Section 917 of the Energy Policy Act of 2005 (42 U.S.C. 16197) is
amended to read as follows:
``SEC. 917. <<NOTE: Grants.>> ADVANCED ENERGY TECHNOLOGY TRANSFER
CENTERS.
``(a) <<NOTE: Deadline.>> Grants.--Not later than 18 months after
the date of enactment of the National Forests, Parks, Public Land, and
Reclamation Projects Authorization Act of 2008, the Secretary shall make
grants to nonprofit institutions, State and local governments,
cooperative extension services, or institutions of higher education (or
consortia thereof), to establish a geographically dispersed network of
Advanced Energy Technology Transfer Centers, to be located in areas the
Secretary determines have the greatest need of the services of such
Centers. In making awards under this section, the Secretary shall--
``(1) give priority to applicants already operating or
partnered with an outreach program capable of transferring
knowledge and information about advanced energy efficiency
methods and technologies;
``(2) ensure that, to the extent practicable, the program
enables the transfer of knowledge and information--
[[Page 122 STAT. 851]]
``(A) about a variety of technologies; and
``(B) in a variety of geographic areas;
``(3) give preference to applicants that would significantly
expand on or fill a gap in existing programs in a geographical
region; and
``(4) consider the special needs and opportunities for
increased energy efficiency for manufactured and site-built
housing, including construction, renovation, and retrofit.
``(b) Activities.--Each Center shall operate a program to encourage
demonstration and commercial application of advanced energy methods and
technologies through education and outreach to building and industrial
professionals, and to other individuals and organizations with an
interest in efficient energy use. Funds awarded under this section may
be used for the following activities:
``(1) Developing and distributing informational materials on
technologies that could use energy more efficiently.
``(2) Carrying out demonstrations of advanced energy methods
and technologies.
``(3) Developing and conducting seminars, workshops, long-
distance learning sessions, and other activities to aid in the
dissemination of knowledge and information on technologies that
could use energy more efficiently.
``(4) Providing or coordinating onsite energy evaluations,
including instruction on the commissioning of building heating
and cooling systems, for a wide range of energy end-users.
``(5) Examining the energy efficiency needs of energy end-
users to develop recommended research projects for the
Department.
``(6) Hiring experts in energy efficient technologies to
carry out activities described in paragraphs (1) through (5).
``(c) Application.--A person seeking a grant under this section
shall submit to the Secretary an application in such form and containing
such information as the Secretary may require. The Secretary may award a
grant under this section to an entity already in existence if the entity
is otherwise eligible under this section. The application shall include,
at a minimum--
``(1) a description of the applicant's outreach program, and
the geographic region it would serve, and of why the program
would be capable of transferring knowledge and information about
advanced energy technologies that increase efficiency of energy
use;
``(2) a description of the activities the applicant would
carry out, of the technologies that would be transferred, and of
any other organizations that will help facilitate a regional
approach to carrying out those activities;
``(3) a description of how the proposed activities would be
appropriate to the specific energy needs of the geographic
region to be served;
``(4) an estimate of the number and types of energy end-
users expected to be reached through such activities; and
``(5) a description of how the applicant will assess the
success of the program.
``(d) Selection Criteria.--The Secretary shall award grants under
this section on the basis of the following criteria, at a minimum:
``(1) The ability of the applicant to carry out the proposed
activities.
[[Page 122 STAT. 852]]
``(2) The extent to which the applicant will coordinate the
activities of the Center with other entities as appropriate,
such as State and local governments, utilities, institutions of
higher education, and National Laboratories.
``(3) The appropriateness of the applicant's outreach
program for carrying out the program described in this section.
``(4) The likelihood that proposed activities could be
expanded or used as a model for other areas.
``(e) Cost-Sharing.--In carrying out this section, the Secretary
shall require cost-sharing in accordance with the requirements of
section 988 for commercial application activities.
``(f) Duration.--
``(1) Initial grant period.--A grant awarded under this
section shall be for a period of 5 years.
``(2) <<NOTE: Procedures.>> Initial evaluation.--Each
grantee under this section shall be evaluated during its third
year of operation under procedures established by the Secretary
to determine if the grantee is accomplishing the purposes of
this section described in subsection (a). The Secretary shall
terminate any grant that does not receive a positive evaluation.
If an evaluation is positive, the Secretary may extend the grant
for 3 additional years beyond the original term of the grant.
``(3) Additional extension.--If a grantee receives an
extension under paragraph (2), the grantee shall be evaluated
again during the second year of the extension. The Secretary
shall terminate any grant that does not receive a positive
evaluation. If an evaluation is positive, the Secretary may
extend the grant for a final additional period of 3 additional
years beyond the original extension.
``(4) Limitation.--No grantee may receive more than 11 years
of support under this section without reapplying for support and
competing against all other applicants seeking a grant at that
time.
``(g) Prohibition.--None of the funds awarded under this section may
be used for the construction of facilities.
``(h) Definitions.--For purposes of this section:
``(1) Advanced energy methods and technologies.--The term
`advanced energy methods and technologies' means all methods and
technologies that promote energy efficiency and conservation,
including distributed generation technologies, and life-cycle
analysis of energy use.
``(2) Center.--The term `Center' means an Advanced Energy
Technology Transfer Center established pursuant to this section.
``(3) Distributed generation.--The term `distributed
generation' means an electric power generation technology,
including photovoltaic, small wind, and micro-combined heat and
power, that serves electric consumers at or near the site of
production.
``(4) Cooperative extension.--The term `Cooperative
Extension' means the extension services established at the land-
grant colleges and universities under the Smith-Lever Act of May
8, 1914.
``(5) Land-grant colleges and universities.--The term `land-
grant colleges and universities' means--
[[Page 122 STAT. 853]]
``(A) 1862 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of
that Act); and
``(C) 1994 Institutions (as defined in section 2 of
that Act).
``(i) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated in section 911, there are
authorized to be appropriated for the program under this section such
sums as may be appropriated.''.
SEC. 602. AMENDMENTS TO THE STEEL AND ALUMINUM ENERGY CONSERVATION
AND TECHNOLOGY COMPETITIVENESS ACT OF
1988.
(a) Authorization of Appropriations.--Section 9 of the Steel and
Aluminum Energy Conservation and Technology Competitiveness Act of 1988
(15 U.S.C. 5108) is amended to read as follows:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this Act $12,000,000 for each of the fiscal years 2008 through
2012.''.
(b) Steel Project Priorities.--Section 4(c)(1) of the Steel and
Aluminum Energy Conservation and Technology Competitiveness Act of 1988
(15 U.S.C. 5103(c)(1)) is amended--
(1) in subparagraph (H), by striking ``coatings for sheet
steels'' and inserting ``sheet and bar steels''; and
(2) by adding at the end the following new subparagraph:
``(K) The development of technologies which reduce
greenhouse gas emissions.''.
(c) Conforming Amendments.--The Steel and Aluminum Energy
Conservation and Technology Competitiveness Act of 1988 is further
amended--
(1) by striking section 7 (15 U.S.C. 5106); and
(2) in section 8 (15 U.S.C. 5107), by inserting ``,
beginning with fiscal year 2008,'' after ``close of each fiscal
year''.
TITLE VII--NORTHERN MARIANA ISLANDS
Subtitle A--Immigration, Security, and Labor
SEC. 701. <<NOTE: 48 USC 1806 note.>> STATEMENT OF CONGRESSIONAL
INTENT.
(a) Immigration and Growth.--In recognition of the need to ensure
uniform adherence to long-standing fundamental immigration policies of
the United States, it is the intention of the Congress in enacting this
subtitle--
(1) to ensure that effective border control procedures are
implemented and observed, and that national security and
homeland security issues are properly addressed, by extending
the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101 (a)(17)), to
apply to the Commonwealth of the Northern Mariana Islands
[[Page 122 STAT. 854]]
(referred to in this subtitle as the ``Commonwealth''), with
special provisions to allow for--
(A) the orderly phasing-out of the nonresident
contract worker program of the Commonwealth; and
(B) the orderly phasing-in of Federal
responsibilities over immigration in the Commonwealth;
and
(2) to minimize, to the greatest extent practicable,
potential adverse economic and fiscal effects of phasing-out the
Commonwealth's nonresident contract worker program and to
maximize the Commonwealth's potential for future economic and
business growth by--
(A) encouraging diversification and growth of the
economy of the Commonwealth in accordance with
fundamental values underlying Federal immigration
policy;
(B) recognizing local self-government, as provided
for in the Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union With the
United States of America through consultation with the
Governor of the Commonwealth;
(C) assisting the Commonwealth in achieving a
progressively higher standard of living for citizens of
the Commonwealth through the provision of technical and
other assistance;
(D) providing opportunities for individuals
authorized to work in the United States, including
citizens of the freely associated states; and
(E) providing a mechanism for the continued use of
alien workers, to the extent those workers continue to
be necessary to supplement the Commonwealth's resident
workforce, and to protect those workers from the
potential for abuse and exploitation.
(b) Avoiding Adverse Effects.--In recognition of the Commonwealth's
unique economic circumstances, history, and geographical location, it is
the intent of the Congress that the Commonwealth be given as much
flexibility as possible in maintaining existing businesses and other
revenue sources, and developing new economic opportunities, consistent
with the mandates of this subtitle. This subtitle, and the amendments
made by this subtitle, should be implemented wherever possible to expand
tourism and economic development in the Commonwealth, including aiding
prospective tourists in gaining access to the Commonwealth's memorials,
beaches, parks, dive sites, and other points of interest.
SEC. 702. IMMIGRATION REFORM FOR THE COMMONWEALTH.
(a) Amendment to Joint Resolution Approving Covenant Establishing
Commonwealth of the Northern Mariana Islands.--The Joint Resolution
entitled ``A Joint Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political Union with the
United States of America', and for other purposes'', approved March 24,
1976 (Public Law 94-241; 90 Stat. 263), is amended by adding at the end
the following new section:
``SEC. 6. <<NOTE: 48 USC 1806.>> IMMIGRATION AND TRANSITION.
``(a) Application of the Immigration and Nationality Act and
Establishment of a Transition Program.--
``(1) <<NOTE: Effective date.>> In general.--Subject to
paragraphs (2) and (3), effective on the first day of the first
full month commencing 1
[[Page 122 STAT. 855]]
year after the date of enactment of the Consolidated Natural
Resources Act of 2008 (hereafter referred to as the `transition
program effective date'), the provisions of the `immigration
laws' (as defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to the
Commonwealth of the Northern Mariana Islands (referred to in
this section as the `Commonwealth'), except as otherwise
provided in this section.
``(2) Transition period.--There shall be a transition period
beginning on the transition program effective date and ending on
December 31, 2014, except as provided in subsections (b) and
(d), during which the Secretary of Homeland Security, in
consultation with the Secretary of State, the Attorney General,
the Secretary of Labor, and the Secretary of the Interior, shall
establish, administer, and enforce a transition program to
regulate immigration to the Commonwealth, as provided in this
section (hereafter referred to as the `transition program').
``(3) Delay of commencement of transition period.--
``(A) In general.--The Secretary of Homeland
Security, in the Secretary's sole discretion, in
consultation with the Secretary of the Interior, the
Secretary of Labor, the Secretary of State, the Attorney
General, and the Governor of the Commonwealth, may
determine that the transition program effective date be
delayed for a period not to exceed more than 180 days
after such date.
``(B) Congressional notification.--
The <<NOTE: Deadline.>> Secretary of Homeland Security
shall notify the Congress of a determination under
subparagraph (A) not later than 30 days prior to the
transition program effective date.
``(C) Congressional review.--A <<NOTE: Effective
date.>> delay of the transition program effective date
shall not take effect until 30 days after the date on
which the notification under subparagraph (B) is made.
``(4) Requirement for regulations.--The transition program
shall be implemented pursuant to regulations to be promulgated,
as appropriate, by the head of each agency or department of the
United States having responsibilities under the transition
program.
``(5) Interagency agreements.--The Secretary of Homeland
Security, the Secretary of State, the Secretary of Labor, and
the Secretary of the Interior shall negotiate and implement
agreements among their agencies to identify and assign their
respective duties so as to ensure timely and proper
implementation of the provisions of this section. The agreements
should address, at a minimum, procedures to ensure that
Commonwealth employers have access to adequate labor, and that
tourists, students, retirees, and other visitors have access to
the Commonwealth without unnecessary delay or impediment. The
agreements may also allocate funding between the respective
agencies tasked with various responsibilities under this
section.
``(6) Certain education funding.--In addition to fees
charged pursuant to section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) to recover the full costs of
providing adjudication services, the Secretary of Homeland
Security shall charge an annual supplemental fee of $150 per
nonimmigrant worker to each prospective employer who is issued a
permit under subsection (d) of this section during
[[Page 122 STAT. 856]]
the transition period. Such supplemental fee shall be paid into
the Treasury of the Commonwealth government for the purpose of
funding ongoing vocational educational curricula and program
development by Commonwealth educational entities.
``(7) Asylum.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) shall not apply during the
transition period to persons physically present in the
Commonwealth or arriving in the Commonwealth (whether or not at
a designated port of arrival), including persons brought to the
Commonwealth after having been interdicted in international or
United States waters.
``(b) Numerical Limitations for Nonimmigrant Workers.--An alien, if
otherwise qualified, may seek admission to Guam or to the Commonwealth
during the transition program as a nonimmigrant worker under section
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)) without counting against the numerical limitations set
forth in section 214(g) of such Act (8 U.S.C. 1184(g)). This subsection
does not apply to any employment to be performed outside of Guam or the
Commonwealth. Not <<NOTE: Deadline. Reports.>> later than 3 years
following the transition program effective date, the Secretary of
Homeland Security shall issue a report to the Committee on Energy and
Natural Resources and the Committee on the Judiciary of the Senate and
the Committee on Natural Resources and the Committee on the Judiciary of
the House of Representatives projecting the number of asylum claims the
Secretary anticipates following the termination of the transition
period, the efforts the Secretary has made to ensure appropriate
interdiction efforts, provide for appropriate treatment of asylum
seekers, and prepare to accept and adjudicate asylum claims in the
Commonwealth.
``(c) Nonimmigrant Investor Visas.--
``(1) In general.--Notwithstanding the treaty requirements
in section 101(a)(15)(E) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(E)), during the transition period, the
Secretary of Homeland Security may, upon the application of an
alien, classify an alien as a CNMI-only nonimmigrant under
section 101(a)(15)(E)(ii) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(E)(ii)) if the alien--
``(A) has been admitted to the Commonwealth in long-
term investor status under the immigration laws of the
Commonwealth before the transition program effective
date;
``(B) has continuously maintained residence in the
Commonwealth under long-term investor status;
``(C) is otherwise admissible; and
``(D) maintains the investment or investments that
formed the basis for such long-term investor status.
``(2) Requirement for regulations.--
Not <<NOTE: Deadline. Federal Register, publication.>> later
than 60 days before the transition program effective date, the
Secretary of Homeland Security shall publish regulations in the
Federal Register to implement this subsection.
``(d) Special Provision To Ensure Adequate Employment; Commonwealth
Only Transitional Workers.--An alien who is seeking to enter the
Commonwealth as a nonimmigrant worker may be admitted to perform work
during the transition period subject to the following requirements:
[[Page 122 STAT. 857]]
``(1) Such an alien shall be treated as a nonimmigrant
described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)), including the ability to
apply, if otherwise eligible, for a change of nonimmigrant
classification under section 248 of such Act (8 U.S.C. 1258) or
adjustment of status under this section and section 245 of such
Act (8 U.S.C. 1255).
``(2) <<NOTE: Permits.>> The Secretary of Homeland Security
shall establish, administer, and enforce a system for allocating
and determining the number, terms, and conditions of permits to
be issued to prospective employers for each such nonimmigrant
worker described in this subsection who would not otherwise be
eligible for admission under the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.). <<NOTE: Deadline.>> In adopting and
enforcing this system, the Secretary shall also consider, in
good faith and not later than 30 days after receipt by the
Secretary, any comments and advice submitted by the Governor of
the Commonwealth. This system shall provide for a reduction in
the allocation of permits for such workers on an annual basisto
zero, during a period not to extend beyond December 31, 2014,
unless extended pursuant to paragraph 5 of this subsection. In
no event shall a permit be valid beyond the expiration of the
transition period. This system may be based on any reasonable
method and criteria determined by the Secretary of Homeland
Security to promote the maximum use of, and to prevent adverse
effects on wages and working conditions of, workers authorized
to be employed in the United States, including lawfully
admissible freely associated state citizen labor. No alien shall
be granted nonimmigrant classification or a visa under this
subsection unless the permit requirements established under this
paragraph have been met.
``(3) The Secretary of Homeland Security shall set the
conditions for admission of such an alien under the transition
program, and the Secretary of State shall authorize the issuance
of nonimmigrant visas for such an alien. Such a visa shall not
be valid for admission to the United States, as defined in
section 101(a)(38) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(38)), except admission to the Commonwealth. An
alien admitted to the Commonwealth on the basis of such a visa
shall be permitted to engage in employment only as authorized
pursuant to the transition program.
``(4) Such an alien shall be permitted to transfer between
employers in the Commonwealth during the period of such alien's
authorized stay therein, without permission of the employee's
current or prior employer, within the alien's occupational
category or another occupational category the Secretary of
Homeland Security has found requires alien workers to supplement
the resident workforce.
``(5)(A) <<NOTE: Deadline.>> Not later than 180 days prior
to the expiration of the transition period, or any extension
thereof, the Secretary of Labor, in consultation with the
Secretary of Homeland Security, the Secretary of Defense, the
Secretary of the Interior, and the Governor of the Commonwealth,
shall ascertain the current and anticipated labor needs of the
Commonwealth and determine whether an extension of up to 5 years
of the provisions of this subsection is necessary to ensure an
adequate number of workers will be available for legitimate
businesses
[[Page 122 STAT. 858]]
in the Commonwealth. For the purpose of this subparagraph, a
business shall not be considered legitimate if it engages
directly or indirectly in prostitution, trafficking in minors,
or any other activity that is illegal under Federal or local
law. The determinations of whether a business is legitimate and
to what extent, if any, it may require alien workers to
supplement the resident workforce, shall be made by the
Secretary of Homeland Security, in the Secretary's sole
discretion.
``(B) <<NOTE: Notice. Federal Register, publication.>> If
the Secretary of Labor determines that such an extension is
necessary to ensure an adequate number of workers for legitimate
businesses in the Commonwealth, the Secretary of Labor may,
through notice published in the Federal Register, provide for an
additional extension period of up to 5 years.
``(C) In making the determination of whether alien workers
are necessary to ensure an adequate number of workers for
legitimate businesses in the Commonwealth, and if so, the number
of such workers that are necessary, the Secretary of Labor may
consider, among other relevant factors--
``(i) government, industry, or independent workforce
studies reporting on the need, or lack thereof, for
alien workers in the Commonwealth's businesses;
``(ii) the unemployment rate of United States
citizen workers residing in the Commonwealth;
``(iii) the unemployment rate of aliens in the
Commonwealth who have been lawfully admitted for
permanent residence;
``(iv) the number of unemployed alien workers in the
Commonwealth;
``(v) any good faith efforts to locate, educate,
train, or otherwise prepare United States citizen
residents, lawful permanent residents, and unemployed
alien workers already within the Commonwealth, to assume
those jobs;
``(vi) any available evidence tending to show that
United States citizen residents, lawful permanent
residents, and unemployed alien workers already in the
Commonwealth are not willing to accept jobs of the type
offered;
``(vii) the extent to which admittance of alien
workers will affect the compensation, benefits, and
living standards of existing workers within those
industries and other industries authorized to employ
alien workers; and
``(viii) the prior use, if any, of alien workers to
fill those industry jobs, and whether the industry
requires alien workers to fill those jobs.
``(6) The Secretary of Homeland Security may authorize the
admission of a spouse or minor child accompanying or following
to join a worker admitted pursuant to this subsection.
``(e) Persons Lawfully Admitted Under the Commonwealth Immigration
Law.--
``(1) Prohibition on removal.--
``(A) In general.--Subject to subparagraph (B), no
alien who is lawfully present in the Commonwealth
pursuant to the immigration laws of the Commonwealth on
the transition program effective date shall be removed
from the United States on the grounds that such alien's
presence in the Commonwealth is in violation of section
212(a)(6)(A)
[[Page 122 STAT. 859]]
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(A)), until the earlier of the date--
``(i) of the completion of the period of the
alien's admission under the immigration laws of
the Commonwealth; or
``(ii) that is 2 years after the transition
program effective date.
``(B) Limitations.--Nothing in this subsection shall
be construed to prevent or limit the removal under
subparagraph 212(a)(6)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(A)) of such an
alien at any time, if the alien entered the Commonwealth
after the date of enactment of the Consolidated Natural
Resources Act of 2008, and the Secretary of Homeland
Security has determined that the Government of the
Commonwealth has violated section 702(i) of the
Consolidated Natural Resources Act of 2008.
``(2) Employment authorization.--An alien who is lawfully
present and authorized to be employed in the Commonwealth
pursuant to the immigration laws of the Commonwealth on the
transition program effective date shall be considered authorized
by the Secretary of Homeland Security to be employed in the
Commonwealth until the earlier of the date--
``(A) of expiration of the alien's employment
authorization under the immigration laws of the
Commonwealth; or
``(B) that is 2 years after the transition program
effective date.
``(3) Registration.--The Secretary of Homeland Security may
require any alien present in the Commonwealth on or after the
transition period effective date to register with the Secretary
in such a manner, and according to such schedule, as he may in
his discretion require. Paragraphs (1) and (2) of this
subsection shall not apply to any alien who fails to comply with
such registration
requirement. <<NOTE: Records.>> Notwithstanding any other law,
the Government of the Commonwealth shall provide to the
Secretary all Commonwealth immigration records or other
information that the Secretary deems necessary to assist the
implementation of this paragraph or other provisions of the
Consolidated Natural Resources Act of 2008. Nothing in this
paragraph shall modify or limit section 262 of the Immigration
and Nationality Act (8 U.S.C. 1302) or other provision of the
Immigration and Nationality Act relating to the registration of
aliens.
``(4) Removable aliens.--Except as specifically provided in
paragraph (1)(A) of this subsection, nothing in this subsection
shall prohibit or limit the removal of any alien who is
removable under the Immigration and Nationality Act.
``(5) Prior orders of removal.--The Secretary of Homeland
Security may execute any administratively final order of
exclusion, deportation or removal issued under authority of the
immigration laws of the United States before, on, or after the
transition period effective date, or under authority of the
immigration laws of the Commonwealth before the transition
period effective date, upon any subject of such order found in
the Commonwealth on or after the transition period effective
date, regardless whether the alien has previously been removed
[[Page 122 STAT. 860]]
from the United States or the Commonwealth pursuant to such
order.
``(f) Effect on Other Laws.--The provisions of this section and of
the immigration laws, as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), shall, on the
transition program effective date, supersede and replace all laws,
provisions, or programs of the Commonwealth relating to the admission of
aliens and the removal of aliens from the Commonwealth.
``(g) Accrual of Time for Purposes of Section 212(a)(9)(B) of the
Immigration and Nationality Act.--No time that an alien is present in
the Commonwealth in violation of the immigration laws of the
Commonwealth shall be counted for purposes of inadmissibility under
section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)).
``(h) Report on Nonresident Guestworker Population.--The Secretary
of the Interior, in consultation with the Secretary of Homeland
Security, and the Governor of the Commonwealth, shall report to the
Congress not later than 2 years after the date of enactment of the
Consolidated Natural Resources Act of 2008. The report shall include--
``(1) the number of aliens residing in the Commonwealth;
``(2) a description of the legal status (under Federal law)
of such aliens;
``(3) the number of years each alien has been residing in
the Commonwealth;
``(4) the current and future requirements of the
Commonwealth economy for an alien workforce; and
``(5) such recommendations to the Congress, as the Secretary
may deem appropriate, related to whether or not the Congress
should consider permitting lawfully admitted guest workers
lawfully residing in the Commonwealth on such enactment date to
apply for long-term status under the immigration and nationality
laws of the United States.''.
(b) Waiver of Requirements for Nonimmigrant Visitors.--The
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))--
(A) by striking ``Guam'' each place such term
appears and inserting ``Guam or the Commonwealth of the
Northern Mariana Islands''; and
(B) by striking ``fifteen'' and inserting ``45'';
(2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by
amending clause (iii) to read as follows:
``(iii) Guam and northern mariana islands visa
waiver.--For provision authorizing waiver of
clause (i) in the case of visitors to Guam or the
Commonwealth of the Northern Mariana Islands, see
subsection (l).''; and
(3) by amending section 212(l) (8 U.S.C. 1182(l)) to read as
follows:
``(l) Guam and Northern Mariana Islands Visa Waiver Program.--
``(1) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, in the case of an alien applying for admission as a
nonimmigrant visitor for business or pleasure and solely for
entry into and
[[Page 122 STAT. 861]]
stay in Guam or the Commonwealth of the Northern Mariana Islands
for a period not to exceed 45 days, if the Secretary of Homeland
Security, after consultation with the Secretary of the Interior,
the Secretary of State, the Governor of Guam and the Governor of
the Commonwealth of the Northern Mariana Islands, determines
that--
``(A) an adequate arrival and departure control
system has been developed in Guam and the Commonwealth
of the Northern Mariana Islands; and
``(B) such a waiver does not represent a threat to
the welfare, safety, or security of the United States or
its territories and commonwealths.
``(2) Alien waiver of rights.--An alien may not be provided
a waiver under this subsection unless the alien has waived any
right--
``(A) to review or appeal under this Act an
immigration officer's determination as to the
admissibility of the alien at the port of entry into
Guam or the Commonwealth of the Northern Mariana
Islands; or
``(B) to contest, other than on the basis of an
application for withholding of removal under section
241(b)(3) of this Act or under the Convention Against
Torture, or an application for asylum if permitted under
section 208, any action for removal of the alien.
``(3) <<NOTE: Deadline.>> Regulations.--All necessary
regulations to implement this subsection shall be promulgated by
the Secretary of Homeland Security, in consultation with the
Secretary of the Interior and the Secretary of State, on or
before the 180th day after the date of enactment of the
Consolidated Natural Resources Act of 2008. The promulgation of
such regulations shall be considered a foreign affairs function
for purposes of section 553(a) of title 5, United States Code.
At a minimum, such regulations should include, but not
necessarily be limited to--
``(A) a listing of all countries whose nationals may
obtain the waiver also provided by this subsection,
except that such regulations shall provide for a listing
of any country from which the Commonwealth has received
a significant economic benefit from the number of
visitors for pleasure within the one-year period
preceding the date of enactment of the Consolidated
Natural Resources Act of 2008, unless the Secretary of
Homeland Security determines that such country's
inclusion on such list would represent a threat to the
welfare, safety, or security of the United States or its
territories; and
``(B) any bonding requirements for nationals of some
or all of those countries who may present an increased
risk of overstays or other potential problems, if
different from such requirements otherwise provided by
law for nonimmigrant visitors.
``(4) Factors.--In determining whether to grant or continue
providing the waiver under this subsection to nationals of any
country, the Secretary of Homeland Security, in consultation
with the Secretary of the Interior and the Secretary of State,
shall consider all factors that the Secretary deems relevant,
including electronic travel authorizations, procedures for
reporting lost and stolen passports, repatriation of aliens,
rates
[[Page 122 STAT. 862]]
of refusal for nonimmigrant visitor visas, overstays, exit
systems, and information exchange.
``(5) Suspension.--The Secretary of Homeland Security shall
monitor the admission of nonimmigrant visitors to Guam and the
Commonwealth of the Northern Mariana Islands under this
subsection. If the Secretary determines that such admissions
have resulted in an unacceptable number of visitors from a
country remaining unlawfully in Guam or the Commonwealth of the
Northern Mariana Islands, unlawfully obtaining entry to other
parts of the United States, or seeking withholding of removal or
asylum, or that visitors from a country pose a risk to law
enforcement or security interests of Guam or the Commonwealth of
the Northern Mariana Islands or of the United States (including
the interest in the enforcement of the immigration laws of the
United States), the Secretary shall suspend the admission of
nationals of such country under this subsection. The Secretary
of Homeland Security may in the Secretary's discretion suspend
the Guam and Northern Mariana Islands visa waiver program at any
time, on a country-by-country basis, for other good cause.
``(6) Addition of countries.--The Governor of Guam and the
Governor of the Commonwealth of the Northern Mariana Islands may
request the Secretary of the Interior and the Secretary of
Homeland Security to add a particular country to the list of
countries whose nationals may obtain the waiver provided by this
subsection, and the Secretary of Homeland Security may grant
such request after consultation with the Secretary of the
Interior and the Secretary of State, and may promulgate
regulations with respect to the inclusion of that country and
any special requirements the Secretary of Homeland Security, in
the Secretary's sole discretion, may impose prior to allowing
nationals of that country to obtain the waiver provided by this
subsection.''.
(c) Special Nonimmigrant Categories for Guam and the Commonwealth of
the Northern Mariana Islands.--The Governor of Guam and the Governor of
the Commonwealth of the Northern Mariana Islands (referred to in this
subsection as ``CNMI'') may request that the Secretary of Homeland
Security study the feasibility of creating additional Guam or CNMI-only
nonimmigrant visas to the extent that existing nonimmigrant visa
categories under the Immigration and Nationality Act do not provide for
the type of visitor, the duration of allowable visit, or other
circumstance. The Secretary of Homeland Security may review such a
request, and, after consultation with the Secretary of State and the
Secretary of the Interior, shall issue a report to the Committee on
Energy and Natural Resources and the Committee on the Judiciary of the
Senate and the Committee on Natural Resources and the Committee on the
Judiciary of the House of Representatives with respect to the
feasibility of creating those additional Guam or CNMI-only visa
categories. Consideration of such additional Guam or CNMI-only visa
categories may include, but are not limited to, special nonimmigrant
statuses for investors, students, and retirees, but shall not include
nonimmigrant status for the purpose of employment in Guam or the CNMI.
(d) Inspection of Persons Arriving From the Commonwealth of the
Northern Mariana Islands; Guam and Northern Mariana Islands-Only Visas
Not Valid for Entry Into Other
[[Page 122 STAT. 863]]
Parts of the United States.--Section 212(d)(7) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(7)) is amended by inserting ``the
Commonwealth of the Northern Mariana Islands,'' after ``Guam,''.
(e) <<NOTE: 48 USC 1807.>> Technical Assistance Program.--
(1) In general.--The Secretary of the Interior, in
consultation with the Governor of the Commonwealth, the
Secretary of Labor, and the Secretary of Commerce, and as
provided in the Interagency Agreements required to be negotiated
under section 6(a)(4) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a Commonwealth
of the Northern Mariana Islands in Political Union with the
United States of America', and for other purposes'', approved
March 24, 1976 (Public Law 94-241), as added by subsection (a),
shall provide--
(A) technical assistance and other support to the
Commonwealth to identify opportunities for, and
encourage diversification and growth of, the economy of
the Commonwealth;
(B) technical assistance, including assistance in
recruiting, training, and hiring of workers, to assist
employers in the Commonwealth in securing employees
first from among United States citizens and nationals
resident in the Commonwealth and if an adequate number
of such workers are not available, from among legal
permanent residents, including lawfully admissible
citizens of the freely associated states; and
(C) technical assistance, including assistance to
identify types of jobs needed, identify skills needed to
fulfill such jobs, and assistance to Commonwealth
educational entities to develop curricula for such job
skills to include training teachers and students for
such skills.
(2) Consultation.--In providing such technical assistance
under paragraph (1), the Secretaries shall--
(A) consult with the Government of the Commonwealth,
local businesses, regional banks, educational
institutions, and other experts in the economy of the
Commonwealth; and
(B) assist in the development and implementation of
a process to identify opportunities for and encourage
diversification and growth of the economy of the
Commonwealth and to identify and encourage opportunities
to meet the labor needs of the Commonwealth.
(3) Cost-sharing.--For the provision of technical assistance
or support under this paragraph (other than that required to pay
the salaries and expenses of Federal personnel), the Secretary
of the Interior shall require a non-Federal matching
contribution of 10 percent.
(f) <<NOTE: 48 USC 1808.>> Operations.--
(1) Establishment.--At any time on and after the date of
enactment of this Act, the Attorney General, Secretary of
Homeland Security, and the Secretary of Labor may establish and
maintain offices and other operations in the Commonwealth for
the purpose of carrying out duties under--
(A) the Immigration and Nationality Act (8 U.S.C.
1101 et seq.); and
[[Page 122 STAT. 864]]
(B) the transition program established under section
6 of the Joint Resolution entitled ``A Joint Resolution
to approve the `Covenant to Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the
United States of America', and for other purposes'',
approved March 24, 1976 (Public Law 94-241), as added by
subsection (a).
(2) Personnel.--To the maximum extent practicable and
consistent with the satisfactory performance of assigned duties
under applicable law, the Attorney General, Secretary of
Homeland Security, and the Secretary of Labor shall recruit and
hire personnel from among qualified United States citizens and
national applicants residing in the Commonwealth to serve as
staff in carrying out operations described in paragraph (1).
(g) Conforming Amendments to Public Law 94-241.--
(1) <<NOTE: 48 USC 1801 note.>> Amendments.--Public Law 94-
241 is amended as follows:
(A) In section 503 of the covenant set forth in
section 1, by striking subsection (a) and redesignating
subsections (b) and (c) as subsections (a) and (b),
respectively.
(B) By striking section 506 of the covenant set
forth in section 1.
(C) In section 703(b) of the covenant set forth in
section 1, by striking ``quarantine, passport,
immigration and naturalization'' and inserting
``quarantine and passport''.
(2) <<NOTE: 48 USC 1801 note.>> Effective date.--The
amendments made by paragraph (1) shall take effect on the
transition program effective date described in section 6 of
Public Law 94-241 (as added by subsection (a)).
(h) Reports to Congress.--
(1) <<NOTE: President. 48 USC 1806 note.>> In general.--Not
later than March 1 of the first year that is at least 2 full
years after the date of enactment of this subtitle, and annually
thereafter, the President shall submit to the Committee on
Energy and Natural Resources and the Committee on the Judiciary
of the Senate and the Committee on Natural Resources and the
Committee on the Judiciary of the House of Representatives a
report that evaluates the overall effect of the transition
program established under section 6 of the Joint Resolution
entitled ``A Joint Resolution to approve the `Covenant To
Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America', and for
other purposes'', approved March 24, 1976 (Public Law 94-241),
as added by subsection (a), and the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) on the Commonwealth.
(2) <<NOTE: 48 USC 1806 note.>> Contents.--In addition to
other topics otherwise required to be included under this
subtitle or the amendments made by this subtitle, each report
submitted under paragraph (1) shall include a description of the
efforts that have been undertaken during the period covered by
the report to diversify and strengthen the local economy of the
Commonwealth, including efforts to promote the Commonwealth as a
tourist destination. The report by the President shall include
an estimate for the numbers of nonimmigrant workers described
under section 101(a)(15)(H) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)) necessary to avoid adverse
economic effects in Guam and the Commonwealth.
[[Page 122 STAT. 865]]
(3) GAO report.--The Government Accountability Office shall
submit a report to the Congress not later than 2 years after the
date of enactment of this Act, to include, at a minimum, the
following items:
(A) An assessment of the implementation of this
subtitle and the amendments made by this subtitle,
including an assessment of the performance of Federal
agencies and the Government of the Commonwealth in
meeting congressional intent.
(B) An assessment of the short-term and long-term
impacts of implementation of this subtitle and the
amendments made by this subtitle on the economy of the
Commonwealth, including its ability to obtain workers to
supplement its resident workforce and to maintain access
to its tourists and customers, and any effect on
compliance with United States treaty obligations
mandating non-refoulement for refugees.
(C) An assessment of the economic benefit of the
investors ``grandfathered'' under subsection (c) of
section 6 of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America', and
for other purposes'', approved March 24, 1976 (Public
Law 94-241), as added by subsection (a), and the
Commonwealth's ability to attract new investors after
the date of enactment of this Act.
(D) An assessment of the number of illegal aliens in
the Commonwealth, including any Federal and Commonwealth
efforts to locate and repatriate them.
(4) <<NOTE: 48 USC 1806 note.>> Reports by the local
government.--The Governor of the Commonwealth may submit an
annual report to the President on the implementation of this
subtitle, and the amendments made by this subtitle, with
recommendations for future changes. <<NOTE: President.>> The
President shall forward the Governor's report to the Congress
with any Administration comment after an appropriate period of
time for internal review, provided that nothing in this
paragraph shall be construed to require the President to provide
any legislative recommendation to the Congress.
(5) Report on federal personnel and resource requirements.--
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, after consulting with the
Secretary of the Interior and other departments and agencies as
may be deemed necessary, shall submit a report to the Committee
on Natural Resources, the Committee on Homeland Security, and
the Committee on the Judiciary of the House of Representatives,
and to the Committee on Energy and Natural Resources, the
Committee on Homeland Security and Governmental Affairs, and the
Committee on the Judiciary of the Senate, on the current and
planned levels of Transportation Security Administration, United
States Customs and Border Protection, United States Immigration
and Customs Enforcement, United States Citizenship and
Immigration Services, and United States Coast Guard
[[Page 122 STAT. 866]]
personnel and resources necessary for fulfilling mission
requirements on Guam and the Commonwealth in a manner comparable
to the level provided at other similar ports of entry in the
United States. In fulfilling this reporting requirement, the
Secretary shall consider and anticipate the increased
requirements due to the proposed realignment of military forces
on Guam and in the Commonwealth and growth in the tourism
sector.
(i) <<NOTE: 48 USC 1806 note.>> Required Actions Prior to
Transition Program Effective Date.--During the period beginning on the
date of enactment of this Act and ending on the transition program
effective date described in section 6 of Public Law 94-241 (as added by
subsection (a)), the Government of the Commonwealth shall--
(1) not permit an increase in the total number of alien
workers who are present in the Commonwealth as of the date of
enactment of this Act; and
(2) administer its nonrefoulement protection program--
(A) according to the terms and procedures set forth
in the Memorandum of Agreement entered into between the
Commonwealth of the Northern Mariana Islands and the
United States Department of Interior, Office of Insular
Affairs, executed on September 12, 2003 (which terms and
procedures, including but not limited to funding by the
Secretary of the Interior and performance by the
Secretary of Homeland Security of the duties of
``Protection Consultant'' to the Commonwealth, shall
have effect on and after the date of enactment of this
Act), as well as CNMI Public Law 13-61 and the
Immigration Regulations Establishing a Procedural
Mechanism for Persons Requesting Protection from
Refoulement; and
(B) so as not to remove or otherwise effect the
involuntary return of any alien whom the Protection
Consultant has determined to be eligible for protection
from persecution or torture.
(j) Conforming Amendments to the Immigration and Nationality Act.--
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(15)(D)(ii), <<NOTE: 8 USC 1101.>> by
inserting ``or the Commonwealth of the Northern Mariana
Islands'' after ``Guam'' each time such term appears;
(2) in section 101(a)(36), by striking ``and the Virgin
Islands of the United States'' and inserting ``the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands'';
(3) in section 101(a)(38), by striking ``and the Virgin
Islands of the United States'' and inserting ``the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands'';
(4) in section 208, <<NOTE: 8 USC 1158.>> by adding at the
end the following:
``(e) <<NOTE: Applicability.>> Commonwealth of the Northern Mariana
Islands.--The provisions of this section and section 209(b) shall apply
to persons physically present in the Commonwealth of the Northern
Mariana Islands or arriving in the Commonwealth (whether or not at a
designated port of arrival and including persons who are brought to the
Commonwealth after having been interdicted in international or United
States waters) only on or after January 1, 2014.''; and
[[Page 122 STAT. 867]]
(5) in section 235(b)(1), <<NOTE: 8 USC 1225.>> by adding
at the end the following:
``(G) Commonwealth of the northern mariana
islands.--Nothing in this subsection shall be construed
to authorize or require any person described in section
208(e) to be permitted to apply for asylum under section
208 at any time before January 1, 2014.''.
(k) <<NOTE: 8 USC 1182 note.>> Availability of Other Nonimmigrant
Professionals.--The requirements of section 212(m)(6)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(m)(6)(B)) shall not apply
to a facility in Guam, the Commonwealth of the Northern Mariana Islands,
or the Virgin Islands.
SEC. 703. FURTHER AMENDMENTS TO PUBLIC LAW 94-241.
Public Law 94-241, as amended, is further amended in section
4(c)(3) <<NOTE: 48 USC 1804.>> by striking the colon after ``Marshall
Islands'' and inserting the following: ``, except that $200,000 in
fiscal year 2009 and $225,000 annually for fiscal years 2010 through
2018 are hereby rescinded; Provided, That the amount rescinded shall be
increased by the same percentage as that of the annual salary and
benefit adjustments for Members of Congress''.
SEC. 704. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
SEC. 705. <<NOTE: 48 USC 1806 note.>> EFFECTIVE DATE.
(a) In General.--Except as specifically provided in this section or
otherwise in this subtitle, this subtitle and the amendments made by
this subtitle shall take effect on the date of enactment of this Act.
(b) Amendments to the Immigration and Nationality Act.--The
amendments to the Immigration and Nationality Act made by this subtitle,
and other provisions of this subtitle applying the immigration laws (as
defined in section 101(a)(17) of Immigration and Nationality Act (8
U.S.C. 1101(a)(17))) to the Commonwealth, shall take effect on the
transition program effective date described in section 6 of Public Law
94-241 (as added by section 702(a)), unless specifically provided
otherwise in this subtitle.
(c) Construction.--Nothing in this subtitle or the amendments made
by this subtitle shall be construed to make any residence or presence in
the Commonwealth before the transition program effective date described
in section 6 of Public Law 94-241 (as added by section 702(a)) residence
or presence in the United States, except that, for the purpose only of
determining whether an alien lawfully admitted for permanent residence
(as defined in section 101(a)(20) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(20))) has abandoned or lost such status by reason of
absence from the United States, such alien's presence in the
Commonwealth before, on, or after the date of enactment of this Act
shall be considered to be presence in the United States.
[[Page 122 STAT. 868]]
Subtitle B--Northern Mariana Islands Delegate
SEC. 711. <<NOTE: 48 USC 1751.>> DELEGATE TO HOUSE OF
REPRESENTATIVES FROM COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS.
The Commonwealth of the Northern Mariana Islands shall be
represented in the United States Congress by the Resident Representative
to the United States authorized by section 901 of the Covenant To
Establish a Commonwealth of the Northern Mariana Islands in Political
Union With the United States of America (approved by Public Law 94-241
(48 U.S.C. 1801 et seq.)). The Resident Representative shall be a
nonvoting Delegate to the House of Representatives, elected as provided
in this subtitle.
SEC. 712. <<NOTE: 48 USC 1752.>> ELECTION OF DELEGATE.
(a) Electors and Time of Election.--The Delegate shall be elected--
(1) by the people qualified to vote for the popularly
elected officials of the Commonwealth of the Northern Mariana
Islands; and
(2) at the Federal general election of 2008 and at such
Federal general election every 2d year thereafter.
(b) Manner of Election.--
(1) In general.--The Delegate shall be elected at large and
by a plurality of the votes cast for the office of Delegate.
(2) Effect of establishment of primary elections.--
Notwithstanding paragraph (1), if the Government of the
Commonwealth of the Northern Mariana Islands, acting pursuant to
legislation enacted in accordance with the Constitution of the
Commonwealth of the Northern Mariana Islands, provides for
primary elections for the election of the Delegate, the Delegate
shall be elected by a majority of the votes cast in any general
election for the office of Delegate for which such primary
elections were held.
(c) Vacancy.--In case of a permanent vacancy in the office of
Delegate, the office of Delegate shall remain vacant until a successor
is elected and qualified.
(d) Commencement of Term.--The term of the Delegate shall commence
on the 3d day of January following the date of the election.
SEC. 713. <<NOTE: 48 USC 1753.>> QUALIFICATIONS FOR OFFICE OF
DELEGATE.
To be eligible for the office of Delegate a candidate shall--
(1) be at least 25 years of age on the date of the election;
(2) have been a citizen of the United States for at least 7
years prior to the date of the election;
(3) be a resident and domiciliary of the Commonwealth of the
Northern Mariana Islands for at least 7 years prior to the date
of the election;
(4) be qualified to vote in the Commonwealth of the Northern
Mariana Islands on the date of the election; and
(5) not be, on the date of the election, a candidate for any
other office.
[[Page 122 STAT. 869]]
SEC. 714. <<NOTE: 48 USC 1754.>> DETERMINATION OF ELECTION
PROCEDURE.
Acting pursuant to legislation enacted in accordance with the
Constitution of the Commonwealth of the Northern Mariana Islands, the
Government of the Commonwealth of the Northern Mariana Islands may
determine the order of names on the ballot for election of Delegate, the
method by which a special election to fill a permanent vacancy in the
office of Delegate shall be conducted, the method by which ties between
candidates for the office of Delegate shall be resolved, and all other
matters of local application pertaining to the election and the office
of Delegate not otherwise expressly provided for in this subtitle.
SEC. 715. <<NOTE: 48 USC 1755.>> COMPENSATION, PRIVILEGES, AND
IMMUNITIES.
Until the Rules of the House of Representatives are amended to
provide otherwise, the Delegate from the Commonwealth of the Northern
Mariana Islands shall receive the same compensation, allowances, and
benefits as a Member of the House of Representatives, and shall be
entitled to whatever privileges and immunities are, or hereinafter may
be, granted to any other nonvoting Delegate to the House of
Representatives.
SEC. 716. <<NOTE: 48 USC 1756.>> LACK OF EFFECT ON COVENANT.
No provision of this subtitle shall be construed to alter, amend, or
abrogate any provision of the covenant referred to in section 711 except
section 901 of the covenant.
SEC. 717. <<NOTE: 48 USC 1757.>> DEFINITION.
For purposes of this subtitle, the term ``Delegate'' means the
Resident Representative referred to in section 711.
SEC. 718. CONFORMING AMENDMENTS REGARDING APPOINTMENTS TO MILITARY
SERVICE ACADEMIES BY DELEGATE FROM THE
COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
(a) United States Military Academy.--Section 4342(a)(10) of title
10, United States Code, is amended by striking ``resident
representative'' and inserting ``Delegate in Congress''.
(b) United States Naval Academy.--Section 6954(a)(10) of such title
is amended by striking ``resident representative'' and inserting
``Delegate in Congress''.
(c) United States Air Force Academy.--Section 9342(a)(10) of such
title is amended by striking ``resident representative'' and inserting
``Delegate in Congress''.
TITLE VIII--COMPACTS <<NOTE: Micronesia. Marshall Islands. Palau.>> OF
FREE ASSOCIATION AMENDMENTS
SEC. 801. APPROVAL OF AGREEMENTS.
(a) In General.--Section 101 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921) is amended--
(1) in the first sentence of subsection (a), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement Between
the Government of the United States and the Government of the
Federated States of Micronesia, as amended under the Agreement
to Amend Article X that was signed by those two
[[Page 122 STAT. 870]]
Governments on June 30, 2004, which shall serve as the authority
to implement the provisions thereof''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement Between
the Government of the United States and the Government of the
Republic of the Marshall Islands, as amended under the Agreement
to Amend Article X that was signed by those two Governments on
June 18, 2004, which shall serve as the authority to implement
the provisions thereof''.
(b) <<NOTE: 48 USC 1921 note.>> Effective Date.--The amendments
made by this section shall be effective as of the date that is 180 days
after the date of enactment of this Act.
SEC. 802. FUNDS TO FACILITATE FEDERAL ACTIVITIES.
Unobligated amounts appropriated before the date of enactment of
this Act pursuant to section 105(f)(1)(A)(ii) of the Compact of Free
Association Amendments Act of 2003 shall be available to both the United
States Agency for International Development and the Federal Emergency
Management Agency to facilitate each agency's activities under the
Federal Programs and Services Agreements.
SEC. 803. CONFORMING AMENDMENT.
(a) In General.--Section 105(f)(1)(A) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(A)) is amended
to read as follows:
``(A) Emergency and disaster assistance.--
``(i) In general.--Subject to clause (ii),
section 221(a)(6) of the U.S.-FSM Compact and
section 221(a)(5) of the U.S.-RMI Compact shall
each be construed and applied in accordance with
the two Agreements to Amend Article X of the
Federal Programs and Service Agreements signed on
June 30, 2004, and on June 18, 2004, respectively,
provided that all activities carried out by the
United States Agency for International Development
and the Federal Emergency Management Agency under
Article X of the Federal Programs and Services
Agreements may be carried out notwithstanding any
other provision of law. In the sections referred
to in this clause, the term `United States Agency
for International Development, Office of Foreign
Disaster Assistance' shall be construed to mean
`the United States Agency for International
Development'.
``(ii) Definition of will provide funding.--In
the second sentence of paragraph 12 of each of the
Agreements described in clause (i), the term `will
provide funding' means will provide funding
through a transfer of funds using Standard Form
1151 or a similar document or through an
interagency, reimbursable agreement.''.
(b) <<NOTE: 48 USC 1921d note.>> Effective Date.--The amendments
made by subsection (a) shall be effective as of the date that is 180
days after the date of enactment of this Act.
[[Page 122 STAT. 871]]
SEC. 804. CLARIFICATIONS REGARDING PALAU.
Section 105(f)(1)(B) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended--
(1) in clause (ii)(II), by striking ``and its territories''
and inserting ``, its territories, and the Republic of Palau'';
(2) in clause (iii)(II), by striking ``, or the Republic of
the Marshall Islands'' and inserting ``, the Republic of the
Marshall Islands, or the Republic of Palau''; and
(3) in clause (ix)--
(A) by striking ``Republic'' both places it appears
and inserting ``government, institutions, and people'';
(B) by striking ``2007'' and inserting ``2009''; and
(C) by striking ``was'' and inserting ``were''.
SEC. 805. AVAILABILITY OF LEGAL SERVICES.
Section 105(f)(1)(C) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended by inserting before
the period at the end the following: ``, which shall also continue to be
available to the citizens of the Federated States of Micronesia, the
Republic of Palau, and the Republic of the Marshall Islands who legally
reside in the United States (including territories and possessions)''.
SEC. 806. TECHNICAL AMENDMENTS.
(a) Title I.--
(1) Section 177 agreement.--Section 103(c)(1) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(c)(1)) is amended by striking ``section 177'' and
inserting ``Section 177''.
(2) Interpretation and united states policy.--Section 104 of
the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c) is amended--
(A) in subsection (b)(1), by inserting ``the''
before ``U.S.-RMI Compact,'';
(B) in subsection (e)--
(i) in the matter preceding subparagraph (A)
of paragraph (8), by striking ``to include'' and
inserting ``and include'';
(ii) in paragraph (9)(A), by inserting a comma
after ``may''; and
(iii) in paragraph (10), by striking ``related
to service'' and inserting ``related to such
services''; and
(C) in the first sentence of subsection (j), by
inserting ``the'' before ``Interior''.
(3) Supplemental provisions.--Section 105(b)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(b)(1)) is amended by striking ``Trust Fund'' and inserting
``Trust Funds''.
(b) Title II.--
(1) <<NOTE: 48 USC 1921 note.>> U.S.-FSM compact.--The
Compact of Free Association, as amended, between the Government
of the United States of America and the Government of the
Federated States of Micronesia (as provided in section 201(a) of
the Compact of Free Association Amendments Act of 2003 (117
Stat. 2757)) is amended--
(A) in section 174--
[[Page 122 STAT. 872]]
(i) in subsection (a), by striking ``courts''
and inserting ``court''; and
(ii) in subsection (b)(2), by striking ``the''
before ``November'';
(B) in section 177(a), by striking ``, or Palau''
and inserting ``(or Palau)'';
(C) in section 179(b), by striking ``amended
Compact'' and inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection (a),
by striking ``Compact, as Amended, of Free
Association'' and inserting ``Compact of Free
Association, as amended'';
(ii) in the fifth sentence of subsection (a),
by striking ``Trust Fund Agreement,'' and
inserting ``Agreement Between the Government of
the United States of America and the Government of
the Federated States of Micronesia Implementing
Section 215 and Section 216 of the Compact, as
Amended, Regarding a Trust Fund (Trust Fund
Agreement),'';
(iii) in subsection (b)--
(I) in the first sentence, by
striking ``Government of the'' before
``Federated''; and
(II) in the second sentence, by
striking ``Sections 321 and 323 of the
Compact of Free Association, as
Amended'' and inserting ``Sections
211(b), 321, and 323 of the Compact of
Free Association, as amended,''; and
(iv) in the last sentence of subsection (d),
by inserting before the period at the end the
following: ``and the Federal Programs and Services
Agreement referred to in section 231'';
(E) in the first sentence of section 215(b), by
striking ``subsection(a)'' and inserting ``subsection
(a)'';
(F) in section 221--
(i) in subsection (a)(6), by inserting
``(Federal Emergency Management Agency)'' after
``Homeland Security''; and
(ii) in the first sentence of subsection (c),
by striking ``agreements'' and inserting
``agreement'';
(G) in the second sentence of section 222, by
inserting ``in'' after ``referred to'';
(H) in the second sentence of section 232, by
striking ``sections 102 (c)'' and all that follows
through ``January 14, 1986)'' and inserting ``section
102(b) of Public Law 108-188, 117 Stat. 2726, December
17, 2003'';
(I) in the second sentence of section 252, by
inserting ``, as amended,'' after ``Compact'';
(J) in the first sentence of the first undesignated
paragraph of section 341, by striking ``Section 141''
and inserting ``section 141'';
(K) in section 342--
(i) in subsection (a), by striking ``14 U.S.C.
195'' and inserting ``section 195 of title 14,
United States Code''; and
(ii) in subsection (b)--
[[Page 122 STAT. 873]]
(I) by striking ``46 U.S.C.
1295(b)(6)'' and inserting ``section
1303(b)(6) of the Merchant Marine Act,
1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C.
1295b(b)(6)(C)'' and inserting ``section
1303(b)(6)(C) of that Act'';
(L) in the third sentence of section 354(a), by
striking ``section 442 and 452'' and inserting
``sections 442 and 452'';
(M) in section 461(h), by striking
``Telecommunications'' and inserting
``Telecommunication'';
(N) in section 462(b)(4), by striking ``of Free
Association'' the second place it appears; and
(O) in section 463(b), by striking ``Articles IV''
and inserting ``Article IV''.
(2) <<NOTE: 48 USC 1921 note.>> U.S.-RMI compact.--The
Compact of Free Association, as amended, between the Government
of the United States of America and the Government of the
Republic of the Marshall Islands (as provided in section 201(b)
of the Compact of Free Association Amendments Act of 2003 (117
Stat. 2795)) is amended--
(A) in section 174(a), by striking ``court'' and
inserting ``courts'';
(B) in section 177(a), by striking the comma before
``(or Palau)'';
(C) in section 179(b), by striking ``amended
Compact,'' and inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection (a),
by striking ``Compact, as Amended, of Free
Association'' and inserting ``Compact of Free
Association, as amended'';
(ii) in the first sentence of subsection (b),
by striking ``Agreement between the Government of
the United States and the Government of the
Republic of the Marshall Islands Regarding Miliary
Use and Operating Rights'' and inserting
``Agreement Regarding the Military Use and
Operating Rights of the Government of the United
States in the Republic of the Marshall Islands
concluded Pursuant to Sections 321 and 323 of the
Compact of Free Association, as Amended (Agreement
between the Government of the United States and
the Government of the Republic of the Marshall
Islands Regarding Military Use and Operating
Rights)''; and
(iii) in the last sentence of subsection (e),
by inserting before the period at the end the
following: ``and the Federal Programs and Services
Agreement referred to in section 231'';
(E) in section 221(a)--
(i) in the matter preceding paragraph (1), by
striking ``Section 231'' and inserting ``section
231''; and
(ii) in paragraph (5), by inserting ``(Federal
Emergency Management Agency)'' after ``Homeland
Security'';
(F) in the second sentence of section 232, by
striking ``sections 103(m)'' and all that follows
through ``(January
[[Page 122 STAT. 874]]
14, 1986)'' and inserting ``section 103(k) of Public Law
108-188, 117 Stat. 2734, December 17, 2003'';
(G) in the first sentence of section 341, by
striking ``Section 141'' and inserting ``section 141'';
(H) in section 342--
(i) in subsection (a), by striking ``14 U.S.C.
195'' and inserting ``section 195 of title 14,
United States Code''; and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C.
1295(b)(6)'' and inserting ``section
1303(b)(6) of the Merchant Marine Act,
1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C.
1295b(b)(6)(C)'' and inserting ``section
1303(b)(6)(C) of that Act'';
(I) in the third sentence of section 354(a), by
striking ``section 442 and 452'' and inserting
``sections 442 and 452'';
(J) in the first sentence of section 443, by
inserting ``, as amended.'' after ``the Compact'';
(K) in the matter preceding paragraph (1) of section
461(h)--
(i) by striking ``1978'' and inserting
``1998''; and
(ii) by striking ``Telecommunications'' and
inserting ``Telecommunication Union''; and
(L) in section 463(b), by striking ``Article'' and
inserting ``Articles''.
SEC. 807. TRANSMISSION OF VIDEOTAPE PROGRAMMING.
Section 111(e)(2) of title 17, United States Code, is amended by
striking ``or the Trust Territory of the Pacific Islands'' and inserting
``the Federated States of Micronesia, the Republic of Palau, or the
Republic of the Marshall Islands''.
SEC. 808. <<NOTE: 48 USC 1960 note.>> PALAU ROAD MAINTENANCE.
The Government of the Republic of Palau may deposit the payment
otherwise payable to the Government of the United States under section
111 of Public Law 101-219 (48 U.S.C. 1960) into a trust fund if--
(1) the earnings of the trust fund are expended solely for
maintenance of the road system constructed pursuant to section
212 of the Compact of Free Association between the Government of
the United States of America and the Government of Palau (48
U.S.C. 1931 note); and
(2) the trust fund is established and operated pursuant to
an agreement entered into between the Government of the United
States and the Government of the Republic of Palau.
SEC. 809. <<NOTE: 48 USC 1921 note.>> CLARIFICATION OF TAX-FREE
STATUS OF TRUST FUNDS.
In the U.S.-RMI Compact, the U.S.-FSM Compact, and their respective
trust fund subsidiary agreements, for the purposes of taxation by the
United States or its subsidiary jurisdictions, the term ``State'' means
``State, territory, or the District of Columbia''.
SEC. 810. <<NOTE: President.>> TRANSFER OF NAVAL VESSELS TO
CERTAIN FOREIGN RECIPIENTS.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section
[[Page 122 STAT. 875]]
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows:
(1) Turkey.--To the Government of Turkey--
(A) the OLIVER HAZARD PERRY class guided missile
frigates GEORGE PHILIP (FFG-12) and SIDES (FFG-14); and
(B) the OSPREY class minehunter coastal ship
BLACKHAWK (MHC-58).
(2) Lithuania.--To the Government of Lithuania, the OSPREY
class minehunter coastal ships CORMORANT (MHC-57) and KINGFISHER
(MHC-56).
(b) Transfers by Sale.--The President is authorized to transfer
vessels to foreign recipients on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761), as follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the Taiwan
instrumentality designated pursuant to section 10(a) of the
Taiwan Relations Act (22 U.S.C. 3309(a))), the OSPREY class
minehunter coastal ships ORIOLE (MHC-55) and FALCON (MHC-59).
(2) Turkey.--To the Government of Turkey, the OSPREY class
minehunter coastal ship SHRIKE (MHC-62).
(c) Grants Not Counted in Annual Total of Transferred Excess Defense
Articles.--The value of a vessel transferred to a recipient on a grant
basis pursuant to authority provided by subsection (a) shall not be
counted against the aggregate value of excess defense articles
transferred in any fiscal year under section 516(g) of the Foreign
Assistance Act of 1961.
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient.
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the recipient to
which the vessel is transferred have such repair or refurbishment of the
vessel as is needed before the vessel joins the naval forces of the
recipient performed at a shipyard located in the United States,
including a United States Navy shipyard.
[[Page 122 STAT. 876]]
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 2-year period
beginning on the date of enactment of this Act.
Approved May 8, 2008.
LEGISLATIVE HISTORY--S. 2739:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
Apr. 10, considered and passed Senate.
Apr. 29, considered and passed House.
<all>